Judgment:
(Prayer: Crl.P No.5598/2010 Is Filed Under Section 482 Criminal Procedure Code Praying To Quash The Proceedings In C.C.No.33002/2010 On The File Of The Vacmm., Bangalore.)
(Prayer: CrlL.P 3581/2010 Is Filed Under Section 482 Criminal Procedure Code Praying To Quash The Proceedings In C.C.No.5654/2010 Pending On The File Of The Iv Acmm., Bangalore, Quash The Charge Sheet Dt.03.02.2010 Filed by The Basaveshwaranagar Police In Cr. No.279/2009 Against The Petitioner In C.C.No.5654/2010 For The Offence U/Sections 406 and 420 Of Ipc On The File Of The Iv Acmm, Bangalore.)
1. CrL.P. No,5593/2010 is by the accused in Crime No.26/2010 registered by Basaveshwaranagar Police Station, Bangalore, lor the offences punishable under Sections 448, 323 and 506 of IPC., seeking quashing of proceedings in C.C. No.33002/2010 pending on the file of V Addl. Chief Metropolitan Magistrate, Bangalore.
2. CrL.P. No.3581/2010 is by the accused in Crime No.279/2009 registered by Basaveshwaranagar Police Station, Bangalore, for the offences punishable under Sections 406 and 420 of IPC., seeking quashing of the proceedings in C.C. No.5654/2010 coming within the jurisdiction of IV Addl. Chief Metropolitan Magistrate, Bangalore.
3. The background of the case would indicate that there is allegation and counter allegation between petitioners in both the cases. So far as Crl.P. No.3581/2010 is concerned, petitioner, Krishnamurthy, is said to be the owner of a residential apartment bearing No.404 in the 4th floor of "Chirag Prajwal" building with super built up area of 1039 Sq. feet constructed on the property bearing No.25, (old Site Nos. 1, 2, 20 and 21), situated at 7th Main road, J.C. Nagar, Geleyarabalaga layout, Bangalore. Petitioner in Crl. P. No.5598/2010, Shivalingegowda, is concerned, he is a retired Police Inspector. The material on record would indicate that there was a transaction between petitioner in both petitions with reference to sale of aforesaid apartment for valuable consideration of Rs. 30,00,000/-.
4. The complaint in Crime No.26/2010, converted into C.C. No.33002/2010, filed by petitioner in Cii.P. No.3581/2010 is in respect of offences punishabie under Sections 448, 323 and 506 of IPC. The offences alleged in the complaint in Crime No.279/2009, converted into C.C. No.5654/2010, filed by petitioner in Crl P. No.5598/2010 are punishable under Sections 406 and 420 IPC. After the chargesheet is filed in both crime Nos., C.C. Nos.33002/2010 ond 5654/2010 are registered, which are pending consideration before the V Addl. CMM., and IV Addl. CMM , respectively. It is admittedly, at the stage of framing of charges. It is the case of petitioner in Crl.P. No.5598/2010, Shivalingegowda, that 2nd respondent therein, Krishnamurthy, agreed to sell the property in question under an agreement of sale dated 26.05.2008. However, petitioner in Crl.P. No.3581/2008, Krishnamurthy, has denied the execution of the said agreement of sale stating that the said document is created under different set of circumstances. Therefore, at this juncture, the question of quashing both the proceedings, which are pending against petitioner in both petitions does not arise.
5. Heard the learned counsel for petitioner in both the petitions. Perused the material on record. It is seen that the petitions are premature in nature and the defence that is raised by the parties in these proceedings could be raised by ihem in the proceedings before the learned Magistrate before the charges are framed and seek for their discharge. However, it is the contention of the learned counsel appearing on behalf of petitioner in Crl.P. No.3581/2010 that the dispute between petitioners is one in the nature of a civil dispute and therefore, the judgment rendered by the Apex Court in the matter of INDER MOHAN GOSWAMI AND ANOTHER Vs. STATE OF UTVARANCHAL AND OTHERS would squarely apply to the case on hand on all fours.
6. On going through the said judgment, it is seen that the Hon'ble Apex Court, while considering an appeal, where the defence was set up by the accused to the effect that a civil dispute was converted into a criminal prosecution and he was harassed by the complainant, on going through the material available on record, held that the complaint could not have been maintained and quashed the proceedings emanating from the FIR. While doing so, it was observed as under in para 45:
"On analysis of the aforementioned cases, we are of the opinion that it is neither possible nor desirable to lay down an inflexible rule that would govern the exercise of inherent jurisdiction. inherent jurisdiction of the High Courts under Section 482 Cr.P.C., though wide has to be exercised sparingly, carefully arid with caution and only when it is justified by the tests specifically laid down in the Statute itself and in the aforementioned cases. In view of the settled legal position, the impugned judgment cannot be sustained."
The observations made by the Apex Court in the aforesaid judgment would clearly support the case of the prosecution in holding that the High Court, while exercising its inherent power under Section 482 Cr.P.C., should not get swayed by the defence, which is raised by the parties and even before the charges are framed, should not convert the proceedings before High Court into a mini trial, instead, it would be appropriate to direct the parties to exhaust their remedy before the Magistrate Court and thereafter, approach this Court.
7. With the aforesaid observations, Crl. P. No.5598/2010 filed by the accused in Crime No.26/2010 seeking quashing of proceedings in C.C. No.33002/2010 pending on the file of V Addl. Chief Metropolitan Magistrate,. Bangalore and Crl. P. No.3581/2010 filed by the accused in Crime No.279/2009 seeking quashing of the proceedings in C.C. No.5654/2010 pending on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore, are hereby dismissed reserving liberty to both the parties to approach the learned Magistrate seeking their discharge, if they have enough material to demonstrate that prima facie, no offence is made out as against them in the said proceedings.