Shantavva And Anr vs The State Of Karnataka And Anr on 27 February, 2025

Karnataka High Court

Shantavva And Anr vs The State Of Karnataka And Anr on 27 February, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                         NC: 2025:KHC-K:1351
                                                    CRL.P No. 200044 of 2025




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                         DATED THIS THE 27TH DAY OF FEBRUARY, 2025

                                           BEFORE
                        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                           CRIMINAL PETITION NO.200044 OF 2025
                                   (482(Cr.PC)/528(BNSS))
                   BETWEEN:

                   1.   SMT. SHANTAVVA W/O KAMANNA BAJANTRI,
                        AGE:39 YEARS,
                        OCC: SDA O/O A.S.L.A.O OFFICE ALAMATTI,
                        R/O. KUDARI SALAWADAGI,
                        DIST. VIJAYAPURA-586208.

                   2.   RAJIYABEGUM W/O KASHIMASAB MULLA,
                        AGE:46 YEARS, OCC: GOVERNMENT SERVANT,
                        R/O. D-51 UKP COLONY, TQ.BASAVAN BAGEWADI,
                        ALMATTI, DIST.VIJAYAPURA - 586201.

Digitally signed                                              ...PETITIONERS
by                 (BY SRI MANVENDRA REDDY, ADVOCATE)
SHIVAKUMAR
HIREMATH
                   AND:
Location: HIGH
COURT OF
KARNATAKA          1.   THE STATE OF KARNATAKA,
                        THROUGH MUDDEBIHAL POLICE STATION,
                        DIST. VIJAYAPURA, NOW REPRESENTED BY,
                        ADDL. SPP HIGH COURT OF KARNATAKA,
                        KALABURAGI BENCH - 585107

                   2.  SHIVANAND SAGAR S/O PARAPPA SAGAR,
                       AGE:53 YEARS, OCC: SPECIAL LAND ACQUISITION
                       OFFICER, UKP, ALAMATTI - 586201
                                                           ...RESPONDENTS
                   (BY SMT. MAYA T.R., HCGP FOR R1 AND R2)
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                                          NC: 2025:KHC-K:1351
                                    CRL.P No. 200044 of 2025




     THIS CRL.P IS FILED U/SEC. 528 OF BNSS PRAYING TO
EXERCISE THE INHERENT POWERS U/SEC. 482 CR.P.C.
EXAMINE THE RECORDS AND QUASH THE FIR AND COMPLAINT
IN CRIME NO.154/2022 OF MUDDEBIHAL POLICE STATION,
DIST. VIJAYAPURA FOR THE OFFENCE PUNISHABLE U/SEC.
419, 420, 409, 465, 467, 468, 471 R/W 149 OF IPC, PENDING
BEFORE SENIOR CIVIL JUDGE AND JMFC COURT AT
MUDDEBIHAL, AGAINST THE PETITIONERS.

    THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                        ORAL ORDER

(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.3 and 4 in Crime No.154/2022

registered by Muddebihal Police Station, Vijayapur district

for the offences punishable under Sections 419, 420, 409,

465, 467, 468, 471 read with Section 149 of IPC, which is

pending before the Court of Senior Civil Judge and JMFC at

Muddebihal are before this Court under Section 528 of

BNSS, 2023 with a prayer to quash the entire proceedings

in the aforesaid case as against them.

2. Heard learned counsel for the parties.
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CRL.P No. 200044 of 2025

3. Learned counsel for the petitioners submits that

petitioners are Government Servants and by making

general and omnibus allegations, they are implicated in

the impugned criminal proceedings. He submits that this

Court in Criminal Petition No.201827/2023 has already

quash the impugned criminal proceedings as against

accused No.2 is concerned. He submits that though FIR

has been registered in the year 2022, till date charge

sheet has not been filed and the pendency of the criminal

case has been causing untold hardship to the petitioners,

who are Government Servants. Accordingly, he prays to

allow the petition.

4. Per contra, learned High Court Government

pleader who was directed to take notice for the

respondents, on instructions submits that respondent No.2

has filed an affidavit before the Investigation Officer

stating that the amount which was disbursed to wrong

persons has been re-deposited and therefore, he does not

intend to prosecute the complaint made by him. It is
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CRL.P No. 200044 of 2025

under these circumstances, further investigation in the

case has not been done. She has produced the copy of

the affidavit submitted by respondent No.2 dated

14.11.2024.

5. Perusal of the said affidavit would reveal that

the entire amount of Rs.6,83,024/-, which was wrongly

disbursed to wrong persons has been re-deposited and it

is stated that the State has not suffered any loss as a

result of the mistake committed by the accused persons

and accordingly, a prayer is made to close the complaint.

6. In view of the aforesaid aspects of the matter, I

am of the opinion that no purpose would be served in

continuing the impugned criminal proceedings as against

the petitioners. Accordingly, following:

ORDER

The criminal petition is allowed.

The entire proceedings in Crime No.154/2022

registered by Muddebihal Police Station, Vijayapur district
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CRL.P No. 200044 of 2025

for the offences punishable under Sections 419, 420, 409,

465, 467, 468, 471 read with Section 149 of IPC, which is

pending before the Court of Senior Civil Judge and JMFC at

Muddebihal, as against the petitioners/accused Nos.3 and

4 stands quashed.

Sd/-

(S.VISHWAJITH SHETTY)
JUDGE

SRT
List No.: 1 Sl No.: 59
CT:PK