-‘ IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25T1! DAY OF JULY 2011 BEFORE THE HONBLE MR.JUSTICE B.V.PINTO CRIMINAL PETiTION No.10811/2011 Between: 1. Hanumantappa Maliyappa. Chowsappanavar (aj Chowdappalavar, Age 52 years, 0cc.: Agriculture. 2. Nagangouda Karabasappa Chowdappanavar, Age 25 years, 0cc.: Agriculture. 3. Chandrappa Karabasappa Chowdappanavar. Age 20 years, 0cc.: Agriculture. All R/o. Joisaraharalahalli. Tq.: Ranebennur, Dist.: Haven. Petitioners (By Shni.S.M.Kalward, Advocate) And: The State of Karnataka. Through Halageni Police Station, High Court Building. Circuit Bench, Dharwad, Rep. by its Addi. SPP. Respondents (By Shri Vinayak S. Kulkarni. H.C.G.P.) t . -2- This criminal petition is filed under Section 482 of the Code of Criminal Procedure seeking to quash the complaint and F.l.R. registered by the Kalageri Police Station against the petitioners in Crime No.80/2011 for the offences punishable under Sections 447, 324, 504 and 306 read with Section 34 of the Indian Penal Code. pending on the file of I Additional J.M.F.C., Ranebennur. This criminal petition coming on for admission this day, the Court delivered the following: - ORDER This petition is filed seeking to quash the proceedings in Crime No.80/2011 pending before the Halageri Police Station for the offences punishable under Sections 447, 324. 504 and 506 read with Section 34 of the Indian Penal Code. which is registered on 24.05.2011. The said First Information Report has been registered on the basis of the complaint of one Gadigeppa S/o. Ningappa presented on 24.05.2011 before the P.S.I. of the said Station. 2. The learned counsel for the petitioners submits that according to the first paragraph of the complaint, the incident happened on 22.04.2011. whereas the complaint has been filed on 24.05.20 1 1. He -3- further submits that the averments in the paragraph five of the complaint do not disclose any offence punishable under Section 324 of the Indian Penal Code. nor any offence regarding trespass of the property. Hence, he submits that registration of the case is an abuse of process of law and seeks quashing of the proceedings. He also submits that a civil case in R.S.A. No.1783/2005 is pending before this Court and this Court has granted interim stay in R.S.A. No.5702/2010. Hence, he submits that a false case has been registered only to harass the petitioners. 3. The learned High Court Government Pleader on the other hand submits that on the basis of the complaint, a case has been registered and that the complaint discloses averments of offences under Sections 447, 324, 504 and 506 read with Section 34 of the Indian Penal Code. Hence, the petition is devoid of merits. 4 4 4. On perusal of the complaint, it is seen in paragraph 5 of the same it is mentioned that the incident has happened on 20.05.201 1 at 04:00 p.m. and the complaint, has been filed on 21.05.2011. The submission in the complaint states thai the accused have committed the offence. Vithout expressing opinion regarding the facts mentioned in the complaint. I am of the opinion that the said facts cannot he decided in the petition under Section 482 of the Code of Criminal Prnec-clure. The petition is therefore disposed ol’ reserving the liberty to ilw petitioners t urge afl grounds befoic the trial Court tt the time 01 arguing for discharge. The petition ; disposed of. sd/ JUDGE Rsh