Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Nagaraju B.H., S/o. Hanumanthaiah – Appellant
Versus
State Of Karnataka, Rep. By High Court Spp. – Respondent
ORDER :
MOHAMMAD NAWAZ, J.
1. This petition is filed under section 482 of Cr.P.C / 528 of BNSS , seeking to quash the FIR in Crime No.0406/2024 registered by Madanayakanahally Police Station, Bengaluru, for offence punishable under Sections 417 , 419,420, 465, 406 of IPC which is pending on the file of the Additional Civil Judge (Jnr. Division) and JMFC Court, Nelamangala , Bengaluru .
2. Petitioner is arraigned as accused no.1 in the FIR.
3. Brief Facts:- The complaint was lodged on 12.05.2024 by one keshava Murthy s/o late Sripathiah alleging that he is the owner of vacant sites bearing Nos.131 and 132, situated at Lakshmipura Village, Dasanapura Hobli, Bengaluru North Taluk, which were originally part of old Assessment No.60 and presently assessed as No.60/6. It is stated that the said properties are his self-acquired properties having been purchased under a registered sale deed executed by one Sri Lalan Kumar Todi, the General Power of Attorney holder of Sri Sushil Kumar Todi. It is alleged that one B.H. Nagaraju i.e., petitioner, forged the complainant’s photograph and signature and by impersonating him got a bogus gift deed registered before the Sub-Registrar, Vasanthapura, Beng
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
The court affirmed that civil disputes do not preclude the initiation of criminal proceedings based on allegations of forgery and that both can arise from the same facts independently.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
Mere pendency of suit cannot be made a ground for quashing criminal proceedings – Entire prosecution story could not be disbelieved on the ground of delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
