Karnataka High Court
Sri. Basavant S/O Arjun Melinkeri ... vs State Of Karnataka on 21 September, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 101569 of 2023
C/W CRL.P No. 101423 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 101569 OF 2023
C/W
CRIMINAL PETITION NO. 101423 OF 2023
IN CRL. P. NO. 101569 OF 2023:
BETWEEN:
1. SRI. BASAVANT S/O ARJUN MELINKERI @ MAHAR,
AGE. 42 YEARS, OCC. FARMER,
R/O. FARM HOUSE, SAVALAGI,
TQ. JAMAKHANDI, DIST. BAGALKOT-587330.
2. BHIMAPPA S/O ARJUN MELINKERI @ MAHAR,
AGE. 61 YEARS, OCC. FARMER,
R/O SAVALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587330.
3. SMT. DEEPA W/O BASAVANT MELINKERI @ MAHAR,
AGE. 35 YEARS, OCC. HOUSEWIFE,
R/O. SAVALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587330.
Digitally
signed by
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2023.10.10
11:24:00
4. AKHALESH S/O BHIMAPPA MELINKERI @ MAHAR,
+0530
AGE. 25 YEARS, OCC. FARMER,
R/O. SAVALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587330.
5. SMT. SHASHIKALA W/O BHIMAPPA MELINKERI @ MAHAR,
AGE. 46 YEARS, OCC. FARMER,
R/O. SAVALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587330.
... PETITIONERS
(BY SRI. M.C. HUKKERI, ADVOCATE)
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CRL.P No. 101569 of 2023
C/W CRL.P No. 101423 of 2023
AND:
1. STATE OF KARNATAKA,
R/BY ADDITIONAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD,
THROUGH PSI, SAVALAGI POLICE STATION,
DIST. BAGALKOT-587330.
2. SMT. RAJASHRI W/O BALARAM MELINKERI @ MAHAR,
AGE. 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. FARM HOUSE, SAVALAGI, TQ. JAMAKHANDI,
DIST. BAGALKOT-587330.
... RESPONDENTS
(BY SRI. MADANMOHAN M. KHANNUR, AGA FOR R1;
SRI. GIRISH A. YADAWAD, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.
0071/2023 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.
DN) AND JMFC, JAMKHANDI FOR THE OFFENCES P/U/SEC. 143, 147,
148, 323, 324, 354, 427, 504, 506 AND 149 OF IPC, 1860.
IN CRL.P. NO. 101423 OF 2023:
BETWEEN:
1. SMT. ANNAPURNA W/O ARJUN MAHAR @ MELINKERI,
AGE. 84 YEARS, OCC. HOUSEHOLD WORK,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
2. ANIL S/O ARJUN MAHAR @ MELINKERI,
AGE. 52 YEARS, OCC. TEACHER,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
NOW AT ATHANI, DIST. BELAGAVI-591304.
3. ASHOK S/O ARJUN MAHAR @ MELINKERI,
AGE. 55 YEARS, OCC. FARMER
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
4. BALARAM S/O ARJUN MAHAR @ MELINKERI,
AGE. 44 YEARS, OCC. FARMER,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
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CRL.P No. 101569 of 2023
C/W CRL.P No. 101423 of 2023
5. SMT. RAJASHRI W/O BALARAM MAHAR @ MELINKERI,
AGE. 37 YEARS, OCC. HOUSEHOLD WORK,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
6. PRAJWAL S/O BALARAM MAHAR @ MELINKERI,
AGE. 18 YEARS, OCC. STUDENT,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
7. PRATIK S/O BALARAM MAHAR @ MELINKERI,
AGE. 15 YEARS, OCC. FARMER,
R/O. SAVALAGI, TQ. JAMKHANDI,
DIST. BAGALKOT-587330.
... PETITIONERS
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
R/BY ADDITIONAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD,
THROUGH PSI, SAVALAGI POLICE STATION,
DIST.BAGALKOT-587330.
2. SMT. DEEPA W/O BASAVANT MELIKNKERI @ MAHAR,
AGE. 35 YEARS, OCC. HOUSEWIFE, R/O. SAVALAGI,
TQ. JAMKHANDI, DIST. BAGALKOT-587330.
... RESPONDENTS
(BY SRI. MADANMOHAN M. KHANNUR, AGA FOR R1;
SRI. M.C. HUKKERI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.
0072/2023 SAVALAGI P.S. PENDING ON THE FILE OF THE PRL.CIVIL
JUDGE AND JMFC, JAMKHANDI, FOR THE OFFENCES P/U/SEC. 143,
147, 148, 323, 324, 354, 504, 506 AND 149 OF IPC 1860 IN SO FAR
PETITIONER/A1 TO A7 ARE CONCERNED.
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CRL.P No. 101569 of 2023
C/W CRL.P No. 101423 of 2023
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.101569 of 2023 is preferred by accused 1 to 5 in Crime No.71 of 2023, one of whom is the complainant in Crl.P.101423 of 2023, the companion petition. Crl.P.101423 of 2023 is filed by accused 1 to 7 in Crime No.72 of 2023 in which the 2nd respondent/complainant is one of the petitioners in Crl.P.101569 of 2023. Therefore, it is a case and a counter case.
2. Parties would be referred to as the accused and the complainant for the purpose of convenience.
3. Heard the learned counsel Sri.M.C.Hukkeri, appearing for petitioners and learned counsel Sri.Girish.A.Yadawad, appearing for respondent No.2 in Crl.P.No.101569 of 2023; leaned counsel Sri.Girish.A.Yadawad, appearing for petitioners and learned counsel Sri.M.C.HUkkeri, appearing for respondent No.2 in Crl.P.101423 of 2023 and the learned Additional -5- NC: 2023:KHC-D:10967 CRL.P No. 101569 of 2023 C/W CRL.P No. 101423 of 2023 Government Advocate appearing for respondent No.1 in both the cases.
4. The incidents which takes place on 09.06.2023 and 08.06.2023 becomes the subject of the two complaints, one registered by the accused and the other by the complainant in Crime Nos.71 of 2023 and 72 of 2023 respectively. A property dispute between the accused and the complainant subsists, on the said dispute which was subsisting for more than 4 to 5 years it transpires that the complainant and the accused or the accused and the complainant in the companion petition ended up with squabble, the squabble resulted in pulling the hair of each other or even beating up. Therefore, a crime comes to be registered in Crime No.71 of 2023 initially at 1.15 p.m. on 09.06.2023 and immediately thereafter the second crime comes to be registered at 7.00 p.m. of the next day i.e., on 10.06.2023 for the very same offences. The offences are common, the incident is solitary and the allegations are common. The foundation of the allegation in both these petitions is a subsisting property dispute between the parties. Both these petitions are therefore taken up together and each -6- NC: 2023:KHC-D:10967 CRL.P No. 101569 of 2023 C/W CRL.P No. 101423 of 2023 of them would submit that they would not want to continue with the litigation and would take any order that would fall from the Court.
5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
6. At the outset, I deem it appropriate to deal with Crl.P.101423 of 2023 concerning Crime No.72 of 2023. The allegation is, that the petitioners have assaulted with weapons upon the complainant. Therefore, the offence under Section 324 of the IPC is laid. As an illustration, the 1st petitioner is 84 years old. It is submitted that she is bedridden and cannot even move. She is alleged of assaulting the complainant. Likewise, a student, accused No.6 who was not even present in the scene of crime and the son of the 4th petitioner who is now 15 years old, who was at the school are dragged into the web of crime. Therefore, on an incident that has happened or not even happened between the parties, these petitioners are brought into the crime in a seemingly civil dispute between the -7- NC: 2023:KHC-D:10967 CRL.P No. 101569 of 2023 C/W CRL.P No. 101423 of 2023 parties. Section 354 of the IPC is also roped in even against women which is inherently improbable. Therefore, the crime is set into motion which is prima facie an abuse of the process of law.
7. In Crime No.71 of 2023 there is a role reversal. The complainant is the accused and the accused is the complainants. Incident is the same, allegations are also the same. Here again, the narration of the allegation is verbatim similar to what forms the complaint in the companion petition, throwing stones, pulling the accused by the hair and getting injured. It is therefore, both the learned counsel for the petitioners would submit that civil dispute or a property dispute between parties are sought to be projected to become a crime.
8. Owing to the inherent improbability, as is elucidated by the Apex court in the case of STATE OF HARYANA V. BHAJAN LAL reported in 1992 Supp (1) SCC 335, permitting further investigation against the petitioners would amount to putting a premium on the imaginary allegations made against -8- NC: 2023:KHC-D:10967 CRL.P No. 101569 of 2023 C/W CRL.P No. 101423 of 2023 each other. Therefore, I deem it appropriate to obliterate the crime.
9. For the aforesaid reasons, I pass the following:
ORDER
(i) Both the Criminal Petitions are allowed.
(ii) Impugned proceedings pending in Crime No.71 of 2023 and 72 of 2023, before the Principal Civil Judge and JMFC., Jamakhandi, stands quashed qua the petitioners.
Sd/-
JUDGE bkp ct:bck List No.: 1 Sl No.: 16