IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1887 OF 2013 BETWEEN:
SRI. T. PILLAIAH S/O LATE P. THIMMAIAH AGED ABOUT 45 YEARS R/AT NO.462, ITI LAYOUT 9TH MAIN, MALLATHAHALLI NAGARBHAVI II STAGE BANGALORE-560 072 ... PETITIONER (BY SHRI. C.R. GOPALA SWAMY, ADVOCATE) AND:
1. STATE BY UPPARPET POLICE BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 2. SMT. N. VIJAYALAKSHMI D/O LATE SRI. N.NARASIMHAIAH & W/O SRI. SATHYENDRA AGED ABOUT 34 YEARS R/AT 133, MEGHA LAYOUT BILEKAHALLI, BANNERGHATTA ROAD BANGALORE-560 076 ... RESPONDENTS (BY SMT. B.G. NAMITHA MAHESH, HCGP FOR R1; SHRI. K.N. MOHAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED IN C.C.NO.17446/12 (PCR NO.18229/11) PENDING ON THE FILE OF IV ADDL.C.M.M., BANGALORE IN PURSUANCE OF THE COGNIZANCE TAKEN BY THE JUDGE VIDE ORDER DATED:31.07.2012 SO FAR AS PETITIONER CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri C.R. Gopala Swamy, learned advocate for the petitioner, Smt. B.G. Namitha Mahesh, learned HCGP for the State and Shri K.N. Mohan, learned advocate for respondent No.2.
2. One Vijayalakshmi filed a private complaint alleging inter alia that one Anasuyamma had a son and two daughters (T. Pillaiah, T. Lakshmi and T. Chandraprabha respectively). Complainant claims to be daughter of Chandraprabha. Anasuyamma, Pillaiah and Lakshmi sold a property belonging to Anasuyamma’s husband namely, Thimmaiah by a Sale Deed dated 07.03.2011. Complainant’s case is that she had a share in the property and in the Sale Deed, the vendors have stated that Chandraprabha died issueless and accordingly, sold the property. In substance, she has contended that her share in the property, which was sold by her grand mother and her two children, is not given to her.
3. Learned advocate for the petitioner submits that though the matter is purely civil in nature, complainant has filed the instant private complaint to arm-twist the vendors of the property. He submits that, if complainant had share in the property, she has to work out her remedy in the Civil Court.
4. It is submitted that learned Magistrate, without proper application of mind referred the matter for investigation under Section 156(3) of Cr.P.C., pursuant to which, FIR No.307/2011 was registered in Upparpet Police Station. Police, after investigation have filed the charge sheet for commission of offences punishable under Sections 120B, 420, 504 and 506 of IPC read with Section 34 of IPC against only two accused persons namely, Pillaiah and Lakshmi. However, Lakshmi (accused No.2) has been shown as absconding for reasons best known. The other accused namely, Anasuyamma and purchasers have been shown as witnesses. After charge sheet was presented, learned Magistrate has taken cognizance and issued process to accused No.2 - Lakshmi.
5. Shri Mohan, learned advocate for respondent No.2 and learned Smt. Namitha Mahesh, learned HCGP argued in support of the charge sheet.
6. I have carefully considered the rival contentions and perused the records.
7. It is settled that a person claiming share in a property is required to work out his or her remedy in the Civil Court. Complaint averments contains details of execution of sale deed and it is alleged that accused have committed offences stated supra by not disclosing the legal representatives of deceased daughter of Anasuyamma i.e., Chandraprabha. But in substance, complainant’s case is that she has been deprived of her share in the property.
8. In the circumstances, the proceedings right from the stage of filing of PCR No.18229/2011 is nothing but abuse of process of law. Resultantly, this petition merits consideration and it is accordingly allowed. Proceedings in C.C.No.17446/2012 (PCR No.18229/2011) pending on the file of IX ACMM, Bengaluru, are quashed. so far as the petitioner is concerned.
No costs.
Sd/- JUDGE AV