The court quashed the FIR against the petitioner as there was no direct transaction linking him to the complainant's claims, thus highlighting the importance of substantiating allegations with factual transactions.

ORDER :

M. NAGAPRASANNA, J.

Petitioner/accused No. 3 is before this Court calling in question registration of a crime in Crime No. 210 of 2021 registered for offences punishable under Sections 406, 420, 447, 380, 323, 465, 468, 471, 120-B & 34 of the Indian Penal Code.

2. Heard Sri P.Prasanna Kumar, learned counsel for the petitioner, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for respondents 1 and 2 and Sri Ashok Haranahalli, learned senior counsel appearing for respondent 3.

3. Facts, in brief, germane are as follows: -

3.1. A particular land in Sy.No.35 of Sathnuru Village, Jala Hobli, measuring 19 acres 10 guntas was purchased by a partnership firm, M/s Hindustan Ideal Estates represented by its partner Sri Lakshman Gupta. On 01-12-1970, six persons constitute a partnership firm and continued M/s Hindustan Ideal Estates which is said to have commenced from 26-11-1970, the date on which Sri Lakshman Gupta purchased the aforesaid property. The record of rights of the land stood in the name of the partner of M/s Hindustan Ideal Estates, Sri Lakshman Gupta. The RTCs from year to year stood in the said name. On 04-07-1992 Sri Lakshman Gupta dies. After his death the revenue entries were changed in the name of his wife Smt. B.L.Rathnamma and Smt. B.L. Rathnamma was inducted as a partner in the aforesaid firm. On 08-09-1994 all the partners of the firm enter into an dissolution deed, relinquishing all their rights in the said firm in favour of P.G. Nataraj.

3.2. An application was then made by P.G. Nataraj to mutate his name to the land bearing Sy.No.35/2. Accordingly, in terms of dissolution deed, revenue entries show the name of P.G. Nataraj. Certain RTC proceedings were instituted later in which Smt. B.L. Rathnamma, wife of late Lakshman Gupta filed an affidavit admitting that she has no claim over the land in Sy.No.35/2. All the surviving legal heirs of late Lakshman Gupta thereafter on 31-08-2017 enter into a registered sale agreement in favour of one Smt. Ramya over the land measuring 19 acres and 10 guntas with P.G.Nataraj signing as a confirming party on receiving Rs.7/- crores, whereunder possession of the property was allegedly handed over to Smt. Ramya. On the same day, a registered General Power Attorney (GPA) is executed by the legal heirs of late Lakshman Gupta in favour of Smt. Ramya in connection with the aforesaid Sy.No.35/2 measuring 19 acres and 10 guntas.

3.3. By another transaction one Shyam Raju enters into a memorandum of understanding with Smt. Ramya acting as a GPA holder of all the legal heirs of late Lakshman Gupta for purchase of the land for a total consideration of Rs.51/- crores. The total extent of the land was 19 acres and 10 guntas and a sum of Rs.4.80 crores was paid on the date of execution of memorandum of understanding in favour of Smt. Ramya. To this memorandum of understanding, the petitioner signs as a witness. It is here the petitioner, for the first time, comes into the picture of the transaction. Sri P.G.Nataraj along with one Venkatram Settappa executes a deed of declaration admitting to have received the amount said to have been paid in terms of the agreement of sale entered into on 31-08-2017. On 30-12-2020, out of 19 acres and 10 guntas, 9 acres at the request of Shyam Raju who had placed a request to the petitioner to act as an aggregator or facilitator, the petitioner enters into a sale agreement with possession in favour of one Birendra Kumar Bajoria who was the owner of land in Sy.No.35/5 for a consideration of Rs.2.08 crores. On the same day, the Birendra Kumar Bajoria executes a registered irrevocable GPA in favour of the petitioner.

3.4. When things stood thus, Smt. Ramya who was the GPA holder of the legal heirs of late Lakshman Gupta gets a sale deed executed to herself of the entire land of 19 acres and 10 guntas and by another transaction Shyam Raju enters into a registered sale deed of entire extent of 19 acres and 10 guntas executed by his partner P.G. Nata