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Judgment
S.Vishwajith Shetty, J
This petition under Section 482 Cr.PC has been filed by accused nos.1 & 2 in Crime No.79/2019 registered by Amruthahalli Police Station,
Bengaluru City, for the offences punishable under Sections 420 & 34 IPC.
Brief facts of the case as revealed from the records are, the petitioners have developed a land and formed a layout in the said land and allotted sites
to various persons somewhere in the year 1995-96. The said residential layout was known as Fortune Valley in Dasarahalli village, K.R.Puram Hobli,
Bangalore East. The complainant, after a lapse of 24 years has filed a complaint CRL.P.205/2021 dated 02.05.2019 before the Inspector of Police,
Amruthahalli Police Station, Bengaluru, alleging that in some of the sale deeds and revenue records of the property in which the layout was formed,
the description of the lands in the schedule were allegedly incorrect and hence, the accused persons have cheated the site owners. The complainant
claims to be one of the owners of the site formed in the layout.
From the perusal of the complaint averments, it is clear that the dispute between the parties is civil in nature. Initiation of criminal proceedings
results in serious consequences. The Hon'ble Supreme Court in the case of MOHAMMED IBRAHIM & OTHERS VS STATE OF BIHAR &
ANOTHER - (2009)8 SCC 751, has held that in disputes which are essentially civil in nature, it has to be ensured that for settling scores or to
pressurize parties, the criminal proceedings should not be misused. Such initiation of criminal proceedings would definitely amount to abuse of process
of law.
In the case on hand, the dispute between the parties is not only civil in nature, but the complaint has been filed belatedly after an inordinate delay of
24 years. Under the circumstances, I am of the considered view that the impugned criminal proceedings is liable to be quashed for the purpose of
securing the ends of justice. Accordingly, I proceed to pass the following order:
Petition in allowed. The entire proceedings pending on the file of Chief Metropolitan Magistrate, Bengaluru, in Crime No.79/2019 registered by
Amruthahalli Police Station, Bengaluru City, for the offences punishable under Sections 420 & 34 IPC, is hereby quashed.