No criminal intent or breach of trust found in execution of sale deeds; FIR quashed due to abuse of process after extensive delay.

ORDER :

(M.G. UMA, J.)

The petitioners being accused No.1 – M/s J.P.Golden Homes Properties Pvt. Ltd. (“Developer“ for short) and the Director representing the Developer have filed Crl.P.No.7353/2022 seeking to quash the FIR registered in Crime No.17/2022 of Jayaprakash Nagar Police Station, for the offences punishable under Sections 406 , 420 and 12B of INDIAN PENAL CODE , 1860 (“ IPC ” for short) produced as per Annexure- A.

2. Accused Nos.2 to 5 in Crime No.17/2022 of Jayaprakash Nagar Police Station have filed Crl.P.No.3722/2022 seeking to quash the criminal proceedings initiated against them as stated above.

3. Brief facts of the case are that, respondent No.2 as informant filed the first information before Jayaprakash Nagar Police Station against accused Nos.1 to 5 (petitioners herein) alleging commission of the offences under Sections 406 , 420 and 120B of IPC . The informant alleged that accused Nos.2 to 5 who were working in the State Bank of Mysore, along with others formed the Society by name “the State Bank of Mysore Officers Housing Co-Operative Society Limited” (“the Society” for short) and contacted the informant and others by proclaiming that the Society is developing the land and forming a residential layout in Singarahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, through the Developer represented by its Director B. Kishore Kumar i.e., accused No.1.

4. It is also stated by the accused that they have sought legal opinion from the legal adviser of the State Bank of India regarding the marketability of title to the land who opined that there is marketable title to sell/purchase the sites that could be formed in the layout. Therefore, it was decided that the layout in the name of Sir M.Vishveshwaraiah, who is the founder of State Bank of Mysore, was to be formed. The accused have offered sites at the rate of Rs.550/- per sq.ft., by issuing a Circular under the name of the Society. The said circular was circulated to the various branches of the State Bank of Mysore with an intention to influence the staff members to purchase the sites in question.

5. It is contended that the informant had paid the consideration amount and got the sale deed registered in his favour. About 320 such employees of the State Bank of Mysore have purchased the sites under various registered sale deeds executed through the Developer at the instance of the Society represented by the accused.

6. It is stated by the informant that the accused have promised to develop the layout by obtaining necessary ‘No Objection Certificates’ from various authorities. But even after lapse of several years, the land was not developed. It was brought to the notice of the informant that since the layout is very near to Bengaluru International Airport at Devanahalli, the Society and Developer could not get the approval to develop the layout from the Bengaluru International Airport Area Planning Authority (“BIAAPA” for short). It is stated that the Deputy Commissioner, Bengaluru Rural District has passed an order cancelling the order of conversion of the land to residential purpose, which was passed by the Assistant Commissioner, Doddaballapura. Therefore, the informant and other members who have purchased the si