Mookayya @ Mooappa And Ors vs The State Of Karnataka And Anr
2023 Latest Caselaw 2887 Kant

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                                                     CRL.P No. 201641 of 2021




                        IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                             DATED THIS THE 5TH DAY OF JUNE, 2023

                                            BEFORE
                    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                         CRIMINAL PETITION NO. 201641 OF 2021 (482-)
                   BETWEEN:

                   1.    MOOKAYYA @ MOOAPPA
                         S/O TIMMAYYA, AGE 52 YEARS, OCC. AGRICULTURE,
                         R/O BAPUR VILLAGE, TQ AND DIST RAICHUR 584101

                   2.    NAGAPPA S/O THIMMAYYA, AGE 50 YEARS,
                         OCC. AGRICULTURE, R/O BAPUR VILLAGE,
                         TQ AND DIST RAICHUR 584101

                   3.    GOKARI @ GOKARAPPA S/O MOKAYYA @ MOOKAPPA
                         AGE 30 YEARS, OCC.SERVICE, R/O BAPUR VILLAGE,
                         TQ AND DIST RAICHUR 584101

                                                                ...PETITIONERS
                   (BY SRI. SACHIN M MAHAJAN,ADVOCATE)
                   AND:

                   1.    THE STATE OF KARNATAKA
Digitally signed
by LUCYGRACE             THROUGH YEREGERE POLICE STATION,
Location: High           TQ AND DIST RAICHUR,
Court of
Karnataka                BY ITS STATION HOUSE OFFICER,
                         REPRESENTED BY THE SPP
                         HIGH COURT OF KARNATAKA
                         BENCH AT KALABURAGI

                   2.    URUKUNDAPPA S/O MUSALAYYA, AGE 63 YEARS,
                         OCC. AGRICULTURE, R/O BAPUR VILLAGE,
                         TQ AND DIST RAICHUR 584101

                                                           ...RESPONDENTS
                   (BY SRI SHARANABASAPPA M PATIL, HCGP FOR R1,
                   R2 - SERVED)
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                                         CRL.P No. 201641 of 2021




     THIS CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO, CALL FOR RECORDS AND QUASH
THE COMPLAINT AND FIR IN CRIME NO.168/2021 FOR THE
ALLEGED OFFENCES PUNISHABLE U/SEC. 447, 427, 34 OF IPC,
INSOFAR AS THE PETITIONERS (ACCUSED NO.1 TO 3) IS
CONCERNED, WHICH IS PENDING ON THE FILE OF THE
LEARNED I ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM AT
RAICHUR, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                               ORDER

FIR registered for the offences punishable under Sections 447, 437 read with Section 34 of IPC is impugned in this petition.

2. The summary of the FIR is that, on 26.10.2021 at about 12.30 p.m, the accused by forming an unlawful assembly criminally trespassed into the land in Sy.No.289/7 measuring 5 acres 9 guntas and Sy.no.289/4 measuring 4 acres 30 guntas, in which the informant was cultivating the land, damaged the standing crops worth Rs.90,000/-.

3. Heard the learned counsel for the petitioners - accused Nos.1 to 3 and the learned High Court Government Pleader for the respondent No.1 - State and the learned counsel for the respondent No.2.

4. The petitioner - accused No.1 had filed OS No.81/2003 for permanent injunction against the respondent No.2 - informant. The jurisdictional Civil Court by judgment and decree dated 26.8.2005 decreed the suit restraining the

CRL.P No. 201641 of 2021

informant and others from interfering with the peaceful possession and enjoyment of the subject land. Since the informant willfully disobeyed the decree, the accused No.1 sought for police protection, and the same was extended by the jurisdictional Civil Court. Thereafter, the 2nd respondent lodged the FIR, which clearly implies that the FIR was lodged with an ulterior motive to circumvent the decree operating against him. The dispute between the parties is purely civil in nature, however, given criminal texture. Hence, the criminal investigation against the petitioners - accused Nos.1 to 3 will be an abuse of process of law. Accordingly, I pass the following:

ORDER

i) Criminal petition is allowed.

ii) The impugned FIR in Crime No.168/2021 registered by the Yeregera Police Station, Bidar, insofar as it relates to petitioners - accused Nos.1 to 3 is hereby quashed.

Sd/-

JUDGE

BKM