Karnataka High Court
Sri. Ramesh Moolya vs State Of Karnataka on 2 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:24833
CRL.P No. 5039 of 2023
C/W CRL.P No. 6885 of 2022
WP No. 27603 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 5039 OF 2023
C/W
CRIMINAL PETITION NO. 6885 OF 2022,
WRIT PETITION NO. 27603 OF 2023 (GM-RES)
IN CRL.P NO.5039/2023
BETWEEN:
1. SRI. RAMESH MOOLYA,
S/O LATE GURUVAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.1000, 'CHAITRA',
HESARGHATTA MAIN ROAD,
HAVANUR LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
2. SRI. BHARATH MOOLYA,
S/O RAMESH MOOLYA,
Digitally signed AGED ABOUT 31 YEARS,
by R/AT NO.1000, 'CHAITRA',
NARAYANAPPA
LAKSHMAMMA HESARGHATTA MAIN ROAD,
Location: HIGH HAVANUR LAYOUT,
COURT OF
KARNATAKA NAGASANDRA POST,
BENGALURU-560 073.
...PETITIONERS
(BY SRI. SRINIVAS RAO S.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BAGALGUNTE POLICE STATION,
REPRESENTED BY THE SPP,
HIGH COURT BUILDING,
BENGALURU-560 001.
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CRL.P No. 5039 of 2023
C/W CRL.P No. 6885 of 2022
WP No. 27603 of 2023
2. SRI. P. MANJAPPA,
S/O LATE POOVAPPA,
AGED ABOUT 62 YEARS,
R/AT NO.22/2, SOUDARYA NARAGA,
SIDDEHALLI, NAGASANDRA POST,
BENGALURU-560 073.
...RESPONDENTS
(BY SRI. M.R.PATIL, HCGP FOR R1;
SRI. GAURAV N., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.19313/2020 PENDING ON THE FILE OF III ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE, BENGLAURU FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 465, 468, 471, 406,
420READ WITH SECTION 34 OF IPC IN CR.NO.112/2019
REGISTERED BY BAGALAGUNTE POLICE STATION.
IN CRL.P NO.6885/2022
BETWEEN:
1. SRI. RAMESH MOOLYA,
S/O LATE GURUVAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.1000, 'CHAITRA',
HESARGHATTA MAIN ROAD,
HAVANUR LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
2. SRI. BHARATH MOOLYA,
S/O RAMESH MOOLYA,
AGED ABOUT 30 YEARS,
R/AT NO.1000, 'CHAITRA',
HESARGHATTA MAIN ROAD,
HAVANUR LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
3. SRI. NAGARAJ,
S/O LATE K.N.SHANKARAPPA GOWDA,
AGED ABOUT 58 YEARS,
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CRL.P No. 5039 of 2023
C/W CRL.P No. 6885 of 2022
WP No. 27603 of 2023
R/AT 36, 12TH CROSS,
AGRAHARA DASARAHALLI,
BENGALURU - 560 091.
...PETITIONERS
(BY SRI. SRINIVAS RAO S.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
BAGALGUNTE POLICE STATION,
REPRESENTED BY THE SPP,
HIGH COURT BUILDING,
BENGALURU-560 001.
2. SRI. P. MANJAPPA,
S/O LATE SRI. POOVAPPA,
AGED ABOUT 61 YEARS,
R/AT NO.22/2, SOUDARYA NARAGA,
SIDDEHALLI,
NAGASANDRA POST,
BENGALURU-560 073.
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. GAURAV N., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.18642/2019 PENDING ON THE FILE OF XXXI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGLAURU
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 427, 447,
506 READ WITH SECTION 34 OF IPC ARISING OUT OF CRIME
NO.118/2019 REGISTERED BY RESPONDENT NO.1
BAGALAGUNTE POLICE STATION.
IN WP NO.27603/2023
BETWEEN:
SRI. P. MANJAPPA,
S/O LATE SRI. POOVAPPA,
AGED ABOUT 62 YEARS,
R/AT NO.206, SOUNDARYA NARAGA,
SIDDEDAHALLI, BAGALAKUNTE,
NAGASANDRA POST,
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NC: 2024:KHC:24833
CRL.P No. 5039 of 2023
C/W CRL.P No. 6885 of 2022
WP No. 27603 of 2023
BENGALURU-560 073.
...PETITIONER
(BY SRI. GAURAV N., ADVOCATE)
AND:
1. MR. BHARATH RAMESH SOUNDARYA,
S/O MR. RAMESH MOOLYA,
AGED ABOUT 28 YEARS,
R/AT NO.1000, 'CHAITRA',
HESARGHATTA MAIN ROAD,
HAVANUR LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
2. MR. RAMESH MOOLYA,
S/O LATE GURUVAPPA,
AGED ABOUT MAJOR,
R/AT NO.1000, 'CHAITRA',
HESARGHATTA MAIN ROAD,
HAVANUR LAYOUT,
NAGASANDRA POST,
BENGALURU-560 073.
...RESPONDENTS
(BY SRI. SRINIVAS RAO S.S., ADVOCATE AND
SRI. ANOOP HARANAHALLI, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF THE CR.P.C. PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER ORDER,
DIRECTION OR APPROPRIATE RELIEF/RELIEF'S TO QUASH
PRIVATE COMPLAINT DATED 24/01/2019, BEARING
P.C.R.NO.1252/2019, WHICH IS RE-REGISTERED AS C.C.NO.
6030/2020, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 420, 441, 468, 503, 506 OF THE INDIAN PENAL
CODE, 1860, IN SO FAR AS THE PRESENT PETITIONER IS
CONCERNED, PRESENTLY PENDING ON THE FILE OF XLV
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
A. COPY OF THE PRIVATE COMPLAINT DATED 24/01/2019, IS
ANNEXED HERETO AS ANNEXURE-B AND ETC.
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CRL.P No. 5039 of 2023
C/W CRL.P No. 6885 of 2022
WP No. 27603 of 2023
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
COMMON ORDER
1. The petitioners are before this Court, seeking for the following reliefs in Crl.P.No.5039/2023:
"Wherefore, the Petitioners respectfully pray that this Hon'ble Court may be pleased to:
a) Quash the entire proceedings in CC No.19313/2020 pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 465, 468, 471, 406, 420 read with 34 of the Indian Penal Code, 1980 in Bagalagunte P.S. Crime No.0112/2019.
b) to grant such other relief/s deems fit to grant by this Hon'ble Court on the facts and circumstances of the case, in the interest of justice and equity."
2. The petitioners are before this Court, seeking for the following reliefs in Crl.P.No.6885/2022:
"Wherefore, the petitioner above named humbly prays that this Hon'ble Court be pleased to:
i. Quash the entire proceedings in CC No.18642/2019 pending before the XXXI Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 427, 447, 506 read with 34 of the Indian Penal Code, 1860 arising out of Crime No.118/2019 registered by the Respondent No.1 Bagalgunte Police Station.
ii. To grant such other relief/s deems fit to grant by this Hon'ble Court on the facts and circumstances of the case, in the interest of justice and equity."-6-
NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023
3. The petitioner is before this Court, seeking for the following reliefs in W.P.No.27603/2023:
"Wherefore, the petitioners most humbly prays that this Hon'ble Court may be pleased to Issue the Following:-
a) To Issue a Writ in the nature of Certiorari or any other order, direction or appropriate Relief/ Relief's to Quash Private Complaint dated 24.01.2019, bearing P.C.R NO. 1252 /2019, which is Re-
registered as C.C. No. 6030/ 2020, for the alleged Offences punishable under Sections 420, 441, 468, 503, 506 of the Indian Penal Code, 1860, in so far as the present petitioner is concerned, presently pending on the file of the XLV Addl. Chief Metropolitan Magistrate, Bengaluru. A Copy of the Private Compliant dated.24.01.2019, is annexed hereto as ANNEXURE-B.
b) To Issue a Writ in the nature of Certiorari or any other order, direction or appropriate Relief/Relief's to Quash Cognizance Order dated. 12.11.2019. in P.C.R NO. 1252/2019, which is Re-registered as C.C. No. 6030/2020, for the alleged Offences punishable under Sections 420, 441, 468, 503, 506 of the Indian Penal Code, 1860, in so far as the present petitioner is concerned, presently pending on the file of the XLV Addl. Chief Metropolitan Magistrate, Bengaluru. A Copy of Order Sheet maintained in P.C.R NO.1252/2019, which is Re- registered as C.C. No. 6030/2020, in which the Impugned Order taking Cognizance dated. 12.11.2019, is produced hereto as ANNEXURE-A.
c) To Issue a Writ in the nature of Certiorari or any other order, direction or appropriate Relief / Relief's to Quash Process Order dated. 10.03.2020, in P.C.R NO. 1252/2019, which is Re-registered as C.C. No. 6030/2020, for the alleged Offences punishable under Sections 420, 441, 468, 503, 506 of the Indian Penal Code, 1860, in so far as the present petitioner is concerned, presently pending on the file of the XLV Addl. Chief Metropolitan Magistrate, Bengaluru. A Copy of Order Sheet maintained in -7- NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 P.C.R NO.1252/2019, which is Re-registered as C.C. No. 6030/2020, in which the Impugned Order for the Issuance of Process dated. 10.03.2020, is produced hereto as ANNEXURE-A.
d) To Issue a Writ in the nature of Certiorari or any other order, direction or appropriate Relief/Relief's to Quash all further proceedings, in P.C.R NO. 1252/2019, which is Re-registered as C.C. No. 6030/2020, for the alleged Offences punishable under Sections 420, 441, 468, 503, 506 of the Indian Penal Code, 1860, in so far as the present petitioner is concerned, presently pending on the file of the XLV Addl. Chief Metropolitan Magistrate, Bengaluru.
e) Grant any such Order, Direction AND/OR any other Relief or Reliefs as this Hon'ble Court deems fit and necessary, in the facts and circumstances of the case in the interest of Justice."
4. Petitioner No.1 in Crl.P.Nos.5039/2023 and 6885/2022 is the brother-in-law of the complainant- respondent No.2. Petitioner No.2 being the son of petitioner No.1 in Crl.P.Nos.5039/2023 and 6885/2022. The petitioner in WP No.27603/2023 is the brother-in-law of the complainant-respondent No.2. Respondent No.1 being the son of the complainant-respondent No.2.
5. In all the three matters, essentially the disputes relates to the property covered in survey No.10/1, 10/2 and 22 totally measuring 25 acres 30 guntas -8- NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 situated at Chokkasandra, Yashwanthpura hobli, Bengaluru South Taluk. The petitioners in Crl.P.No.5039/2023 claiming that the said property had been purchased by petitioner No.1 under a Sale Deed dated 06.11.1993 which was incidentally executed by the complainant-respondent No.2 as the General Power of Attorney holder or the land owner.
6. It is claimed that petitioner No.1 had issued a paper publication on 25.10.2018 that he has lost all the original documents and thereafter, he executed a Gift Deed in favour of his son-petitioner No.2 on 05.12.2018. Thereafter, respondent No.2 is stated to have fabricated the backdated Power of Attorney dated 20.04.1994 in the year 2018, got the stamp duty on the same adjudicated on 07.12.2018 and on the very same day, a Sale Deed came to be executed by respondent No.2 in favour of himself claiming to be the Power of Attorney holder of petitioner No.1.
7. It is in that background, the aforesaid three complaints have been filed. The complaint in -9- NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 Crl.P.5039/2023 is filed by Sri.P.Manjappa alleging that Sri.Ramesh Moolya has fraudulently executed Gift Deed even though there is a Power of Attorney executed by him and putting Sri.P.Manjappa in possession of the property wherein he is carrying on the business of an education institution.
8. Complaint in Crl.P.No.6885/2022 has been filed by Sri.P.Manjappa alleging that Sri.Ramesh Moolya and his son Sri.Bharath Moolya have sought to interfere with the possession of Sri.P.Manjappa and resorted criminal intimidation. The complaint in WP No.27603/2023 has been filed by Sri.Ramesh Moolya and Sri.Bharath Moolya alleging that the Power of Attorney, dated 20.04.1994 has been fraudulently created by P.Manjappa and on that basis a fraudulent Sale Deed has been executed on 07.12.2018 by Sri.P.Manjappa in his own favour. To support that, it is contended that the notary before whom the alleged Power of Attorney has been executed in the
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 year 2014 has stated that no such Power of Attorney has been executed.
9. The above three complaints between the three parties, who are related to each other, relates to the very same property and very same transactions. Sri.Ramesh Moolya and Sri.Bharath Moolya are alleging that Sri.P.Manjappa had fabricated documents and Sri.P.Manjappa is alleging that Sri.Ramesh Moolya and Sri.Bharath Moolya have fabricated documents.
10. At this stage, I am of the considered opinion that the aspect of who has fabricated, what and who has cheated whom, cannot be adjudicated in a petition filed under Section 482 of Cr.P.C. The allegation being accepted by both the parties, virtually the allegations are in the nature of complaint and counter complaint and even though admitted by both the parties, whether there is criminal element in relation thereto or not, would have to be adjudicated by the Court seized of the matter.
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023
11. Charge sheet have been filed in Crl.P.No.5039/2023, investigation is pending in Crl.P.No.6885/2022, insofar as the complaint in WP No.27603/2023 is concerned, a private complaint has been filed by Sri.Ramesh Moolya and Sri.Bharath Moolya. Vide order dated 12.11.2019, the Trial Court took cognizance of the offences punishable under Sections 420, 441, 468, 503 and 506 of the IPC by recording sworn statement and issued notice of criminal process vide order dated 10.03.2020 which is under challenge.
12. A perusal of the papers would indicate that apart from the criminal proceeding, suits have been filed between the parties in as much as O.S.No.26488/2018 has been filed by Sri.P.Manjappa against Sri.Ramesh Moolya for injunction; O.S.No.25066/2019 had also been filed by Sri.P.Manjappa for injunction against Sri.Ramesh Moolya; O.S.No.25195/2019 had been filed by Sri.Ramesh Moolya and Sri.Bharath Moolya against
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 Sri.P.Manjappa seeking for declaration of title and possession; O.S.No.26078/2019 had been filed by Sri.P.Manjappa against Sri.Ramesh Moolya seeking for injunction for restraining Sri.Ramesh Moolya and Sri.Bharath Moolya from disposing the property. O.S.No.25335/2020 was filed by Sri.P.Manjappa against Sri.Ramesh Moolya and Sri.Bharath Moolya seeking for declaration that the Gift Deed, dated 05.12.2018 is null and void and not binding on Sri.P.Manjappa. These suits have ended in a judgment and decree dated 25.04.2024.
13. The issues and additional issues framed in the said suits are hereunder reproduced for easy reference:
"ISSUES & ADDL.ISSUE IN O.S. No. 25195/2019
1. Whether the plaintiffs prove that plaintiff is the absolute owner of the suit property?
2. Whether the defendant proves that the second plaintiff has executed agreement of sale, affidavit and General Power of Attorney dated:
20.04.1994 in his favour by receiving full consideration amount and put him in possession of the suit property?
3. Whether the plaintiffs prove that the defendant fraudulently got the agreement to
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 sell and GPA dated: 20.04.1994 and they are not binding on them?
4. Whether the defendant proves that he is entitled for protection of his possession over the suit property u/S 53 (A) of TP Act?
5. Whether the plaintiffs prove that they are entitled for the relief of injunction?
6. What order or decree?
ADDL.ISSUE
1. Whether the plaintiffs prove that, the defendant has put up illegal construction over the suit schedule property during the 1st quarter of 2023 and thereby he is entitled for mandatory injunction, directing the defendant to demolish the structure on suit schedule property?
ISSUES IN O.S. No.26488/2018
1. Whether the plaintiff proves his possession over the suit properties as on the date of the suit?
2. Whether the plaintiff proves the interference by the defendants as alleged in the plaint?
3. Whether the plaintiff is entitled for the relief of injunction as prayed for?
4. What order or decree?
ISSUES IN O.S. No.25066/2019
1. Whether the plaintiff proves his possession over the suit property as on the date of the suit?
2. Whether the plaintiff proves the interference by the defendants as alleged in the plaint?
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3. Whether the plaintiff is entitled for the relief of injunction as prayed for?
4. What order or decree?
ISSUES IN O.S. No.26078/2019
1. Whether the plaintiff proves his possession over the suit property as on the date of the suit?
2. Whether the plaintiff proves the interference by the defendants as alleged in the plaint?
3. Whether the plaintiff is entitled for the relief of injunction as prayed for?
4. What order or decree?
ISSUES & ADDL.ISSUE IN O.S. No.25335/2020
1. Whether the plaintiff proves that, 1st defendant by receiving full consideration amount executed, Agreement of Sale, Affidavit & General Power of Attorney dated:
20.04.1994 in his favour?
2. Whether the plaintiff proves that, the Gift Deed dated: 05.12.2018 executed by 1st defendant in favour of 2nd defendant in respect of suit property is null and void and not binding on him?
3. Whether the plaintiff proves his possession over the suit property as on the date of suit?
4. Whether the plaintiff proves the interference by defendants with his possession and enjoyment of the suit property?
5. Whether the plaintiff is entitled for the relief of injunction as prayed for?
6. What order or decree?
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 ADDL.ISSUE
1. Whether the plaintiff proves that, the court fee paid is sufficient?"
14. The operative portion of the judgment and decree passed on the said suits are hereunder reproduced for easy reference:
"ORDER Suit of the plaintiffs in O.S. No.25195/2019 is dismissed with costs.
Suit in O.S. No.25335/2020 is decreed. Suit in O.S. No.25066/2019 is decreed. Suit in O.S. No.26488/2018 partly decreed against is defendant No.1/Ramesh Moolya in respect of 'B' schedule property and dismissed against defendant No.2 (BBMP) in respect of 'A' schedule property.
Suit in O.S. No.26078/2019 is dismissed. It is hereby declared that the registered gift deed dated 05.12.2018 executed by plaintiff No.2 Ramesh Moolya in favour of plaintiff No.1 Bharath Ramesh Soundarya is null and void. The plaintiffs Moolya and Bharath Ramesh Ramesh Soundarya or any other person acting under/or on their behalf are permanently restrained from demolishing the compound wall and other structures on the suit schedule property.
Further permanently they are restrained from alienating, creating encumbrance or dispossessing the defendant P.Manjappa from the suit schedule property without getting their title perfect over the suit schedule property.
Draw decree accordingly.
Copy of the judgment shall be kept in O.S. No.26488/2018, O.S. No.25066/2019,
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 No.26078/2019 O.S. O.S. & No.25335/2020 and further office is directed to keep the original Ex.P.1 to Ex.P.5 in main suit; i.e., O.S. No.25195/2019 by retaining the certified copy of the O.S. No.26488/2018."
15. A perusal of the issues extracted above would indicate that all the issues framed were relating to the allegations which have been made in the complaint by the parties against each other. They are relating to whether the General Power of Attorney dated 20.04.1994 was fraudulently got created, whether Sri.Ramesh Moolya has established his title, whether the Gift Deed dated 05.12.2018 is not binding on Sri.P.Manjappa etc., which have been answered by the judgment at the operative portion reproduced above. All the aspects which had given rise to the criminal complaint including alleged creation of Power of Attorney, Sale Deed and assault and the criminal intimidation to the property were also subject matter of the said suits.
16. In that view of the matter, I am of the considered opinion that the parties have resorted to use of
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 criminal proceedings as regards civil matters which have already been adjudicated in the aforesaid suits, however, now are pending in an appeal. It would be for the Appellate Court to decide the dispute between the parties relating to the property in question which is the basis for the criminal complaints filed. I am of the considered opinion that both the parties have sought to abuse and misuse the process of criminal proceedings to harass each other as regards a dispute which is completely civil in nature.
17. In that view of the matter, I pass the following:
ORDER
1. The Petitions are allowed.
2. In Crl.P.No.5039/2023 the proceedings in CC No.19313/2020 pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.112/2019 registered by the Bagalagunte Police Station is hereby quashed.
3. In Crl.P.No.6885/2022 the proceedings in CC No.18642/2019 pending on the file of
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NC: 2024:KHC:24833 CRL.P No. 5039 of 2023 C/W CRL.P No. 6885 of 2022 WP No. 27603 of 2023 XXXI Additional Chief Metropolitan Magistrate, Bengaluru arising out of Crime No.118/2019 registered by the Bagalagunte Police Station is hereby quashed.
4. In WP No.27603/2023 the proceedings in PCR No.1252/2019, which is re-registered as CC No.6030/2020 pending on the file of XLV Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed.
Sd/-
JUDGE CPN CT:SNN