RAFIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused Nos.1 to 21 have come up with this petition under Sec. 482 Cr.P.C. to quash the criminal proceedings initiated against them in C.C.No.929/2022 on the file of Additional Civil Judge and JMFC, Jamakhandi (crime No.92/2021 of Jamakhandi Rural PS) for the offences punishable under Ss. 143, 147, 148, 448, 323, 324, 354, 342, 504, 506, r/w Sec. 149 of IPC.

(2.) In support of the petition, the petitioners have contented that they are the hereditary Mutawallis of Adagal Peer Dargah. However, recently complainant trying to interfere with the affairs of the Dargah. It appears, he has got some illegal order in his favour and on the basis of it trying to pressurize the petitioners. The present complaint is a result of such tactic. The dispute regarding Mutawalliship is pending before the respective forums. Even if the entire complaint is taken into consideration, it would not make out any specific allegation against the petitioners. Without considering the entire material on record, the trial court has hurriedly taken cognizance. It is a case of civil dispute converted into a criminal case to pressurize the petitioners. The continuation of criminal proceedings would amount to abuse of the process of the court and pray to quash the same.

(3.) In support of the petition, the learned counsel for petitioners has relied upon the following decisions.