G MURTHY Vs. STATE

JUDGEMENT

(1.) Crl.P.No.12025/2022 is filed by petitioners-accused Nos.1 to 6 and Crl.P.No.11929/2022 is filed by the petitioners-accused Nos.7 and 8 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.249/2022 registered by the Dobbaspet Police Station, Nelamangala Circle, Bengaluru for the offences punishable under Ss. 504, 420, 406, 120(B), 149 of IPC and Ss. 3(i)(f), 3(i)(r) and (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act').

(2.) Heard the arguments of learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2.

(3.) The case of the prosecution is that respondent No.2-complainant has filed a complaint on 29/11/2022 alleging that the Government has granted a land in favour of his father on 30/1/1982 in L.R.F.No.411/75-76 in Sompura Village measuring 4 acres 14 guntas in Survey No.110/2 and 3 guntas of kharab land. After the death of his father, the properties were divided in the name of the children and wife. In the year 2006, one Krishnareddy had agreement of sale for Rs.28,50,000.00 per acre and received Rs.5.00 lakhs as advance and he has filed a civil suit against him. Subsequently, they compromised the case. It was orally agreed to give 10 guntas. There is no documents for the above said 10 guntas of land. In order to register a document for 10 guntas of land, the accused took the complainant for preparing GPA, but, they got GPA for 2 acres of land instead of 10 guntas of land in the name of Nagaraj. When the same was questioned by the complainant, the accused persons said to be abused them in filthy language by taking the name of the caste as Madiga. Therefore, prayed for taking action against them. Based upon the same, the Police registered the FIR and took up the investigation which is under challenge.