Karnataka High Court
Sri Abdul Subhan S/O Late Dr. Abdul Azeez vs State Of Karnataka on 20 June, 2014
Author: S.N.Satyanarayana
Bench: S.N. Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF JUNE, 2014
BEFORE
THE HON'BLE Mr. JUSTICE S.N. SATYANARAYANA
Crl. P. No. 3262/2011
BETWEEN :
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Sri. ABDUL SUBHAN
S/O. LATE Dr. ABDUL AZEEZ
AGED ABOUT 45 YEARS
R/A. AL-LIMRA IMPEX PVT LTD.,
P.B. No. 8324
No. 65, JIGANI INDUSTRIAL ROAD
MANTAPPA VILLAGE
BANNERUGATTA ROAD
BANGALORE - 560 083. ... PETITIONER
(BY Sri. R.V. SHIVANANDA REDDY, ADV., FOR
Sri. M.R. NANJUNDA GOWDA, ADV.)
AND :
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1. STATE OF KARNATAKA
BY BHANNERUGATTA POLICE
2. Sri. P.I. HARIHARAN
S/O. LATE PARASURAMA IYER
AGED ABOUT 60 YEARS
R/A. No. 24, SALIGRAM NAGAR
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SARVABHOOMA NAGAR
NEXT TO IIM CAMPUS
BANNERUGATTA ROAD
BANGALORE - 76. ... RESPONDENTS
(BY Sri. KESHAVA MURTHY, ADDL. SPP, FOR R-1
Sri. ARJUN R KHOTI, ADV., FOR
Sri. M.R. NARAYAN, ADV., FOR R-2)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 Cr.P.C. WITH A PRAYER TO QUASH THE ENTIRE
PROCEEDINGS IN C.C. No. 513/2011 (PCR No. 325/2010) ON
THE FILE OF THE PRL. C.J. AND JMFC, ANEKAL AND ETC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT PASSED THE
FOLLOWING;
ORDER
Learned counsel for respondent No. 2 files a memo stating that the dispute between the parties is settled. Therefore the petition has become infructuous and accordingly it may be disposed off. Learned counsel for the petitioner would submit that though the matter is settled it has not become infructuous. An order is required to be passed in quashing the proceedings. Accordingly the matter is taken up for arguments.
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2. Heard the learned counsel for the petitioner and also the respondents. It is seen that the accused in C.C. No. 513/2011 on the file of Principal Civil Judge and JMFC, Anekal, has come up in these proceedings seeking quashing of the same. The dispute between the parties is that respondent No. 2 is said to be the owner of 28 guntas of land in survey No. 94 of Kallabalu Village, Jigani Hobli, Anekal taluk, Bangalore executed sale deed in favour of petitioner herein who is accused in the Court below for valuable consideration of 27 lakhs during November 2009. According to him a sum of Rs.25 lakhs was paid and the balance amount was not paid for the reason that the sale deed which was executed by him was kept pending registration by the Sub-Registrar for want of certified revenue documents.
3. In that background private complaint was filed against the petitioner herein in PCR No. 325/2010 which subsequently came to be registered as criminal complaint in C.C. No. 513/2011. When the said criminal complaint was registered the present petition is filed seeking quashing of the same on the ground that there is no criminal 4 intention on the part of the petitioner in completing the transaction and paying the balance amount. According to the petitioner it is at the instance of the Sub-Registrar who has refused to complete the registration on some flimsy reason, the transaction is not completed and sale deed is not fully registered.
4. It is at that stage the parties have approached this Court in a writ proceedings seeking certain directions against the jurisdictional Sub-Registrar to complete the registration formality after obtaining revenue records. It is stated that the said writ petition in W.P. No. 9131/2011 is allowed by order dated 22.03.2011 pursuant to which the registration of the sale deed is also completed subsequently. In that view of the matter nothing survives in this dispute between the parties. Accordingly, the present petition is allowed. Proceedings in C.C. No. 513/2011 on the file of Principal Civil Judge and JMFC, Anekal is hereby quashed.
Sd/-
JUDGE.
LRS.