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.

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, Bengaluru, on 20.05.2022, under Document No. DSP-1- 03787-2022-23, CD No. DSPD1073, thereby transferring the said property in his own name. It is further alleged that the complainant and the said accused have no relationship whatsoever, and that the accused, by fabricating documents and misusing the process of registration, has committed offences of forgery, cheating, and criminal breach of trust.

4. Heard the learned counsel for petitioner, learned Additional SPP. for respondent no.1/State, learned senior counsel for the respondent no.2/complainant and perused the material on record.

5. The learned counsel for petitioner contended that the petitioner is a businessman and is personally known to the complainant for more than two decades, both residing in the same locality of Dasanapura Hobli. It is contended that the complainant himself was present at the time of registration of the gift deed dated 20.05.2022 and that his photograph, signature, and thumb impression are duly captured in the Kaveri software maintained by the Sub-Registrar’s office.

6. It is further contended that there was an inordinate delay of nearly two years in filing the complaint, which seriously affects its credibility. According to the petitioner, the complaint is lodged due to personal vendetta, with an attempt to blackmail the petitioner. It is submitted that the dispute, if any, is purely of civil nature and the complainant, if aggrieved, has a remedy before the civil court to seek declaration and cancellation of the gift deed.

7. The learned counsel further contends that the ingredients of the alleged offences are not made out, and that the FIR registered by the police is baseless and without any prima facie material. On these grounds, it is prayed that the FIR be quashed.

8. Learned Counsel appearing for the petitioner has placed reliance upon the following paras of the judgments of the Hon’ble Apex Court:

a) In Usha Chakraborty v. State of West Bengal reported in AIR 2023 SC 688 , held at para no.11 , as hereunder :

“11. In the aforesaid circumstances, coupled with the fact that in respect of the issue involved, which is of civil nature, the respondent had already approached the jurisdictional civil court by instituting a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings