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Judgment
K.N. Keshavanarayana, J.—In this petition filed u/s 482 of Code of Criminal Procedure, petitioners have sought for quashing the FIR registered by Madivala Police, Bangalore, in Crime No. 815/09 for the offences punishable under Sections 468, 471 & 420 of Indian Penal Code inter alia on the ground that the allegations made in the complaint lodged by respondent No. 1 herein does not make out any case against the petitioners for any of the offences alleged and that the dispute stated in the complaint is purely civil in nature and that respondent No. 1 has set the criminal law into motion only with a view to coerce the petitioners to come to his terms. Respondent No. 1 is represented by his learned counsel.
I have heard the learned counsel for the petitioners as well as the learned counsel for the respondents and perused the materials produced on record.
According to the allegations made in the complaint lodged by respondent No. 1 before the jurisdictional police, these petitioners by manipulating the revenue records, have obtained the sale deed and are making a claim over the property, of which he is the owner. However, the petitioners claim that the property bearing Sy. No. 20/5 measuring 1 acre 20 guntas was under cultivation of one Appaiah S/o Muniyappa and by virtue of two orders passed by the land Tribunal, Bangalore South Taluk, the occupancy rights in respect of the aforesaid land was conferred on Appaiah and subsequently, the said Appaiah and his family members sold the aforesaid land to the petitioners under two sale deeds, as such they have become the absolute owners thereof and pursuant to the sale deeds, the mutation entries were made, which was subject matter of certain proceedings and in respect of the very land a civil suit is also pending.
On the other hand it is the contention of learned counsel for respondent No. 1 that no land as described in the orders of the land tribunal is in existence and on the basis of the orders of the land tribunal and the sale deeds the petitioners are trying to lay claim over the property of respondent No. 1.
Having heard the learned counsel appearing on both the sides and on perusal of the materials on record, I am of the considered opinion that the allegations made in the complaint do not make out any case for any of the offences alleged against the petitioners. The entire dispute appears to be civil in nature. The civil dispute is sought to be converted into a criminal offence. If according to the respondent No. 1-complainant, no land as described in the orders of the land tribunal is in existence and on the strength of such orders, the petitioners are laying claim over his property, it is for the parties to establish their title before the Civil Court and seek declaration. The petitioners are laying claim over the property pursuant to the orders of the land Tribunal. It is also noticed that respondent No. 1 questioning the orders of the land tribunal filed a writ petition before this Court and later he withdrew the said writ petition by filing a detailed memo to the effect that the land claimed by him is different from the land, which is the subject matter of the orders of the land tribunal. Having regard to the facts and circumstances of the case, I am of the considered opinion that the dispute between the parties is purely civil in nature and such civil dispute is sought to be converted into a criminal offence by the respondent No. 1. Therefore, the registration of FIR by the police on the basis of the complaint lodged by respondent No. 1 is abuse of process of law, which cannot be allowed to continue. In this view of the matter, petition is allowed. The FIR registered by Madivala Police in Crime No. 815/2009, on the basis of the report lodged by respondent No. 1 is hereby quashed. It is open to the parties to work out their remedies before the competent Civil Court.