PRATHAP REDDY Vs. STATE

JUDGEMENT

(1.) This writ petition is filed by the petitioner-accused No.2 under Articles 226 and 227 of Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') for issuing an appropriate writ, order or direction for quashing the P.C.R.No.118/2011 and the FIR and the charge sheet in C.C.No.2811/2012 arising out of Crime No.87/2011 for the offences punishable under Ss. 420, 464, 465, 468, 471 read with Sec. 34 of Indian Penal Code, 1860 (for short 'IPC').

(2.) Heard the learned Senior counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State and learned Senior counsel for the respondent Nos.3 and 4.

(3.) The case of the petitioner is that the respondent No.2-Appayyanna filed a private complaint which was registered as P.C.R.No.118/2011 and referred the same to the Police under Sec. 156(3) of Cr.P.C. In turn, the Police registered the FIR in Crime No.87/2011 for the offences punishable under Ss. 420, 419, 463, 464 , 465, 466, 471, 191, 192, 193 and 468 of IPC. It is alleged by the complainant that he is the absolute owner of the landed property in Sy. No.26 of Bidara Agrahara @ Chinnanagana Halli Village measuring 2 acres 9 guntas of land under partition deed dtd. 3/2/1975. He also got mutated his name in the register in M.R.No.3/1982-83. The property was fallen to the share of the complainant which was registered on 29/3/1975 vide M.R.No.10-1974-75 in the name of his brother Appaiah as per the said partition deed, in respect of 2 acres 9 guntas in the said survey number. There was a registered partition dtd. 13/2/1963 effected among the father of the complainant with his elder brother and two younger brothers. In the said partition, the father of the complainant and his younger brother Chikka Muniyappa and Papanna continued to be in joint possession and enjoyment of the rest of the properties. The complainant's father performed the marriage of the daughters of his two brothers i.e., Chikka Muniyappa and Papanna and sold his share of land in Sy.No.41/1. The excess properties in Sy.No.102/3 measuring 1 acre 36 guntas of Doddabanahalli Village given to Chikka Muniyappa and an extent of 1 acre 38 guntas in Sy.No.102/4 given to Papanna under the said partition for celebrating the marriages of their daughters which were not sold and continued to be in possession and enjoyment. The complainant's father took responsibility and performed the marriages of the daughters of his two brothers under the document styled as Memorandum of Settlement/Agreement dtd. 10/4/1972. The said Chikka Muniyappa has given 1 acre 29 guntas out of 2 acre 29 guntas in Sy.No.26 of Avalahalli Village which was fallen to his share under the registered partition deed and retained 1 acre of land on the northern side. His name was also entered in the RTC. The father of the complainant and his two brothers i.e., Chikka Muniyappa and Pappanna have continued as joint family members even after the registered partition deed dtd. 13/2/1963. The mutation was not obtained by Chikka Muniyappa in Sy.No.26, even though he has retained only 1 acre of land by giving 1 acre 29 guntas to the father of the complainant.