Case Note & Summary
The petitioner, Basavarappa S/o Siddappa Shirgumbi, was the President of Sri Vinayaka Vidya Vardhaka Sangha, a society registered under the Karnataka Societies Registration Act, 1960. The respondent, Abdulsab Majidsab S/o Chamansab Advani, filed a private complaint before the Civil Judge and JMFC, Hirekerur, in PC No.20/2016 alleging offences under Section 20 read with Sections 28 and 29 of the Act. The respondent claimed that the petitioner had not supplied accounts and had denied him membership rights. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the complaint and all further proceedings. The High Court of Karnataka at Dharwad Bench heard the matter. The court observed that the allegations in the complaint did not make out any criminal offence. The dispute was essentially civil in nature regarding the management and membership of the society. The court held that continuing the criminal proceedings would be an abuse of the process of law. Accordingly, the court allowed the petition and quashed the complaint and all proceedings in PC No.20/2016.
Headnote
A) Criminal Procedure Code - Quashing of Complaint - Section 482 Cr.P.C. - Inherent Powers - Complaint under Section 20 read with Sections 28 and 29 of the Karnataka Societies Registration Act, 1960 - Allegations pertained to non-supply of accounts and denial of membership rights - Court held that the complaint did not disclose any criminal offence and was an abuse of process of law - Held that the dispute was essentially civil in nature and the criminal proceedings were liable to be quashed (Paras 2-6).
Issue of Consideration
Whether the complaint filed under Section 20 read with Sections 28 and 29 of the Karnataka Societies Registration Act, 1960 discloses any criminal offence against the petitioner and whether the proceedings are liable to be quashed under Section 482 Cr.P.C.
Final Decision
The petition is allowed. The complaint dated 26.09.2016 and all further proceedings in PC No.20/2016 on the file of the Civil Judge and JMFC, Hirekerur, are quashed.
Law Points
- Section 482 Cr.P.C. inherent powers
- quashing of complaint
- no prima facie offence
- abuse of process of court
- civil dispute masquerading as criminal complaint
Case Details
2019 LawText (KAR) (03) 33
Criminal Petition No.100219/2017
G.K. Hiregoudar, A.A. Pathan
Basavarappa S/o Siddappa Shirgumbi
Abdulsab Majidsab S/o Chamansab Advani
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of a private complaint and proceedings under the Karnataka Societies Registration Act, 1960.
Remedy Sought
Petitioner sought quashing of complaint dated 26.09.2016 and all further proceedings in PC No.20/2016 on the file of Civil Judge and JMFC, Hirekerur.
Filing Reason
Respondent filed a private complaint alleging offences under Section 20 read with Sections 28 and 29 of the Karnataka Societies Registration Act, 1960, claiming that the petitioner, as President of the society, did not supply accounts and denied membership rights.
Issues
Whether the complaint under Section 20 read with Sections 28 and 29 of the Karnataka Societies Registration Act, 1960 discloses any criminal offence.
Whether the proceedings are liable to be quashed under Section 482 Cr.P.C. as an abuse of process of law.
Submissions/Arguments
Petitioner's counsel argued that the complaint does not disclose any criminal offence and the dispute is civil in nature.
Respondent's counsel opposed the petition, but the court found no merit in the complaint.
Ratio Decidendi
The allegations in the complaint do not make out any criminal offence under the Karnataka Societies Registration Act, 1960. The dispute is essentially civil in nature regarding membership and management of the society. Continuing criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 Cr.P.C.
Judgment Excerpts
The factual matrix of the case is that the respondent has filed a private complaint before the Civil Judge and JMFC, Hirekerur in PC No.20/2016 making allegations that the petitioner did not supply accounts and denied membership rights.
The court observed that the allegations in the complaint do not make out any criminal offence and the dispute is civil in nature.
Procedural History
Respondent filed private complaint on 26.09.2016 in PC No.20/2016 before Civil Judge and JMFC, Hirekerur. Petitioner filed Criminal Petition No.100219/2017 under Section 482 Cr.P.C. before the High Court of Karnataka, Dharwad Bench, seeking quashing. The High Court heard the matter on 06.03.2019 and allowed the petition.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Karnataka Societies Registration Act, 1960: 20, 28, 29
