(Prayer: This criminal petition is filed u/s.482 of Cr.p.c. (old) u/s 528 of BNSS(new), praying to allow this criminal petition and to quash the entire proceedings in cc no.97/2018 on the file of senior civil judge and JMFC, jewargi, the complaint given by the respondent no.2 in crime no.217/2015 of Jewargi P.S Cognizance taken against him by the court below at annexure-e respectively in the interest of justice and equity.)

Oral Order:

1. This petition is filed under Section 528 of BNSS, 2023 praying to quash the proceedings in C.C.No.97/2018 pending on the file of Senior Civil Judge and JMFC, Jevargi.

2. The factual matrix of the case is that respondent No.2 lodged a complaint before respondent No.1 – Police on 10.08.2015 alleging that the petitioners/accused Nos.1 to 3, unlawfully entered the landed property of the complainant on 21.07.2015 at about 9.00 a.m. and thereby abused the complainant and his wife in filthy language and also assaulted them with stick. Based on such complaint, FIR came to be registered in Crime No.217/2015 dated 10.08.2015 for the offences punishable under Sections 447, 323, 341, 354, 504, 506 read with Section 34 of the Indian Penal Code, 1860 [for short, ‘the IPC’]. Subsequently, respondent No.1-Police investigated the case and laid charge-sheet against the petitioners for the aforesaid offences. Hence, the present petition.

3. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. Though notice served to respondent No.2, he remained absent.

4. The primary contention of the learned counsel for the petitioners is that there is an inordinate delay of one month in lodging the complaint and there is a civil dispute pending between the petitioners and the complainant i.e., respondent No.2 in respect of land bearing Sy.No.222 measuring 14 acres 18 guntas. According to the complainant, the petitioners name entered in the revenue records in respect of 7 acres of land in Sy.No.222 and there was no such incident was caused as alleged in the complaint. To give a criminal colour to the civil dispute, a complaint has been lodged against the petitioners by respondent No.2. Based on the said complaint, respondent No.1-police registered a case against petitioner Nos.1 to 3 and filed charge sheet. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader appearing for respondent No.1-State opposed to the petition.

6. I have given my anxious consideration both on the submission made by the respective parties and also perused the charge-sheet material available on record.

7. As could be gathered from records, according to the complaint, when the complainant himself and his wife were in their field i.e., Sy.No.222 measuring 14 acres 18 guntas, on 21.07.2015, the accused/petitioners came there, abused and assaulted them with stick. However, the complaint came to be lodged on 10.08.2015 i.e. after lapse of 19 days.

8. Further, on perusal of records, it is undisputed fact that there is a civil dispute pending between the complainant and the petitioners in respect of 14 acres 18 guntas of land bearing Sy.No.222 situated at Naribol village. However, out of 14 acres 18 guntas of land, the petitioners’ names were mutated in revenue records in respect of 7 acres of land. Moreover, the charge-sheet material does not disclose that whether the complainant was admitted for treatment for the injury sustained in the alleged incident and no such wound certificate also placed in the charge-sheet.

9. In such circumstances, on meticulous examining of the entire evidence and record, it clearly reveals that this complaint has been lodged by the complainant only to give a criminal colour to the civil dispute pending between them, who are the close relatives.

10. Under such circumstances, the continuation of the proceedings against the petitioners is nothing but a abuse of process of Court and accordingly, the proceedings are liable to be quashed.

11. Accordingly, the petition is allowed.

12. The proceedings in C.C.No.97/2018 on the file of Senior Civil Judge & JMFC, Jevargi, Gulbarga, in Crime No.217/2015 of Jewargi P.S. vide Annexure-E in respect of petitioners is hereby quashed.