ANAND NAGAPPA PATTAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is accused, has filed this petition under Sec. 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1870/2018 on the file of Principal Civil Judge and JMFC, Athani for the offences punishable under Sec. 323 , 354 , 504 , 506 of IPC.

(2.) The petitioner has pleaded that he is a Law Graduate and served as Assistant Public Prosecutor and as a judicial officer till 2014 and now he is a practicing advocate at Bangalore. His father by name Nagappa Balaku Pattan acquired a house and agricultural land as his self-acquired properties. He also constructed a house at Athani. There was a boundary dispute between him and neighbour Anil Krishnappa Pattan and as such, he filed O.S. No.247/2012 on the file of III-Additional Civil Judge, Athani, which is pending. In respect of the said house, he has executed a registered gift deed in favour of the petitioner. His father has made similar arrangement with regard to other properties in favour of brothers and sisters of the petitioner. Nagappa Pattan died on 8/7/2013 and in O.S.No.247/2012, the petitioner has come on record as his legal heir to protect the suit property.

(3.) At the instigation of outsiders, respondent No.2, who is no other than the sister of petitioner has filed suit for partition and also started filing false complaints against the petitioner. She filed C.C.No.3722/2014 and C.C.No.121/2016 and also filed a private complaint in P.C.R.No.74/2017 falsely alleging that on 1/3/2017, after the court proceedings, the petitioner abused and assaulted her. After investigation, it is registered as C.C.No.1870/2018. The allegation made in the charge sheet are false. Due the litigation pending between the parties, a false complaint is filed. In fact, after filing of criminal complaint, respondent No.2 has chosen to file O.S.No.328/2014 for partition and separate possession and therefore, prays to quash the proceedings.