For offenses under IPC Sections 420 and 409, allegations must clearly demonstrate fraudulent inducement and dishonesty; mere misunderstandings do not suffice for quashing proceedings.

ORDER :

V. SRISHANANDA, J.

1. Heard learned counsel Sri Mahantesh Patil for the petitioners, learned High Court Government Pleader Sri Jamadar Shahabuddin for respondent No.1-State and learned counsel Sri Shivanand Pattanshetti for respondent No.2.

2. This petition is filed under section 482 Cr.P.C., with the following prayer:

“WHEREFORE, it is most respectfully prayed that this Hon'ble Court be please to quash the charge sheet and order of taking cognizance dated: 15-07-2021 in C.C.No.1178/2021 CRIME No.49/2020 Registered by Manvi P.S., pending on the file of Civil Judge and JMFC at Manvi, for the offences punishable U/Secs.420 & 409 of IPC, in the interest of justice and equity.”

3. Facts in the nutshell, which are utmost necessary for disposal of the present petition are as under:

3.1 A complaint came to be lodged by Buddmma S/o. Mallesh Madiga with Manvi Police, which was registered in Crime No.49/2020 on 09.03.2020 for the offences punishable under Section s 420 and 409 of IPC.

3.2 Gist of the complaint averments would reveal that complainant and nine members belonging to the complainant caste applied for grant of lands with Dr. B.R. Ambedkar Abhivriddhi Nigama (Hereinafter referred to as ‘Nigama’ for the sake of convenience). The said applications were lodged with the Nigama in the year 2017-2018. After verification of the applications, the officials of said Nigama identifies lands in Mallinamadagu Village, which are situated 02 kilo meters away from Sangapura Village, bearing Survey No. 28/1 measuring 7 acres 13 guntas belonging to Amarappa S/o Basannagouda and 7 acres 14 guntas belonging to padamma w/o. Doddanagouda.

3.3 After identification of the land, the same was also shown to the complainant and nine others as to the suitability and thereafter allotted the same on 27.11.2018 and the registered document was also executed in that regard.

3.4 After registration of the land, when the complainant and others went near the land to take possession of the land, Amarappa and padamma being the owners of the land contended that the land shown to them is not the land that has been allotted to them and complainant and others were restrained from taking possession of the said land.

3.5 Left with no alternative, complainant and others again went to the Nigama and enquired. They came to know that the accused persons with the malafide intentions, have shown the land which is not cultivable and directed them to take action in accordance with law.

3.6 Therefore, complaint came to be lodged. After receipt of the complaint, the Investigating Officer conducted a detailed investigation inter alia collected the necessary documents and filed the charge-sheet against the petitioners.

3.7 Learned trial Judge took cognizance of the offences alleged against the petitioner and is proceeding with the case.

3.8 Taking of cognizance and proceeding with the criminal case is called in question in this petition on the following grounds:

“5. That, the filing of charge sheet and initiation of Criminal Proceedings by the Respondent Police against the petitioners is opposed to law, facts and circumstances of the case and hence, the entire proceedings before the learned Magistrate are liable to be quashed.

б. That, looking into the charge sheet material the allegation against the accused No.1 & 2/petitioner No.1 & 2, that with an intention to make unlawful gain, the Sy. No. 126/A & 126/Aa, which is not fit for agriculture, was sold to the beneficiaries instead of land bearing Sy.No.28/1. The charge sheet material contained the applications filed by the beneficiaries and particularly the complainant and beneficiaries in their applications specifically shown in column reserved for proposed land and Survey No. as 126/Aa & 126/A. Based on the applica