IMAMSAB BAPUSAB GIDADANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed for quashing the FIR in Haliyal P.S.Crime No.134/2019 registered on 15.10.2019, which is registered as C.C.No.10/2020 on the file of Prl. Civil Judge and JMFC Court, Haliyal, after filing of the charge sheet.

(2.) The facts leading to the petition are that the lands bearing Block Nos.173/1, 173/2 and 173/4 were allotted by the Government to the father and uncles of the petitioners under rehabilitation scheme as per order No.RHSS 87 dated 23.12.1977. They being the grantees are in occupation of the said lands. In the year 2011, respondents No.3 and 4 and others caused obstruction to their use and enjoyment of the lands. Therefore the father and uncles of the petitioner had filed O.S.No.89/1981 for the relief of permanent injunction. The said suit was decreed in their favour. Thereafter respondent No.4 and his family members once again started causing obstruction to their possession. Therefore P.C.No.59/2011 was filed before the JMFC Court, Haliyal, for the offences punishable under sections 143, 147, 341, 447, 504, 506 read with section 149 of IPC. The said private complaint was referred for investigation under section 156(3) of Cr.P.C. On 29.7.2011 the charge sheet was filed and it was registered as C.C.No.134/2012. The said case was compounded/compromised on 21.11.2014. Even then the respondents did not stop their illegal activities and started interfering with the possession of the petitioners. Therefore section 107 of Cr.P.C. proceedings were initiated. In the said proceedings before the Taluka Executive Magistrate, the respondents gave undertaking that they will not interfere with the possession of the petitioners. Thereafter the respondents tried to interfere with the possession of the petitioners. Hence a private complaint was filed by the petitioners on 30.5.2018 and the matter was referred to police for investigation. But till today the police have not filed the charge sheet in private complaint No.36/2018.

(3.) In the year 2019, the petitioners filed another P.C.No.1/2019 on 30.1.2019. The matter was referred to police under section 156(3) of Cr.P.C. But no charge sheet is filed till this day. Later, on 15.10.2019 when respondent No.4 filed the complaint against the petitioners before the Haliyal police, FIR was registered in P.S.Crime No.134/2019 and after investigation the charge sheet has been filed which is numbered as C.C.No.10/2019. Being aggrieved by the initiation of the criminal proceedings, the petitioners are before this Court.