IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 237 OF 2022 (482(Cr.PC) / 528(BNSS))

BETWEEN:

1. KAVITHA, W/O ASHWATH NARAYAN, AGED ABOUT 50 YEARS, 2. ASHWATH NARAYAN S/O LATE KALAVEER SHETTY, AGED ABOUT 59 YEARS, BOTH ARE RESIDENT OF HOSAHALLI VILLAGE ROAD, KASABA HOBLI, K.R. NAGAR TALUK, MYSURU DISTRICT - 571 601.

…PETITIONERS (BY SRI. MAHANTESH S. HOSMATH, ADVOCATE)

AND:

Digitally signed by 1. STATE OF KARNATAKA LAKSHMI T BY K.R. NAGAR POLICE, Location:

MYSURU DISTRICT, High Court of Karnataka REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. PUTTAMMA, W/O LATE KALAVEER SHETTY, AGED ABOUT 80 YEARS, R/O NO.14, 8TH WARD, C M ROAD, K.R. NAGAR TOWN, MYSURU DISTRICT - 571 601.

…RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1;

SRI. PRAKASH M. PATIL, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET REGISTERED BY THE RESPONDENT POLICE IN CR.NO.500/2017 AND C.C.NO.847/2020 REGISTERED FOR THE OFFENCE P/U/S 406, 417, 420, 468, 482, 485 R/W 34 OF IPC, WHICH IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C K.R.

NAGAR MYSURU DISTRICT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

The registration of FIR in Crime No.500/2017 at K.R.Nagar Police Station, Mysuru District and filing of charge sheet in CC.No.847/2020 on the file of the Court of Principal Civil Judge and J.M.F.C, K.R.Nagar, Mysuru District are sought to be quashed in this petition preferred under Section 482 of Cr.P.C.

2. Respondent No.2 filed a private complaint alleging offences punishable under Section 406, 409, 417, 420, 468, 482, 485, 488 read with 34 of IPC. The learned Magistrate referred the complaint for investigation, consequent to which the charge sheet was filed against the petitioners.

3. It is the case of the complainant that her husband late Kalaveer Shetty was the absolute owner of land bearing Sy.No.182/1 measuring 1.13 acres, Sy.No.182/2 measuring 1.12 acres, Sy.No.182/5 measuring 2.16 acres, Sy.No.182/7 measuring 0.34 acres and Sy.No.194/2 measuring 1.11.12 acres of Basavarajapura Village, Kasaba Hobli, K.R.Nagar Taluk, Mysuru District.

4. It is averred that her husband passed away on

13.10.2006. In the first week of April 2017, she came to know that the revenue entries of land bearing Sy.No.182/5 measuring 2.16 acres and Sy.No.182/7 measuring 0.34 acres were standing in the name of accused No.1. It is alleged that, both accused Nos.1 and 2 colluded and created false documents in respect of the above lands and though she had not consented for change of katha and gave application to the revenue officials, they got the katha changed in the name of accused No.1.

5. It is contended by the learned counsel for petitioners that respondent No.2 i.e, the complainant had consented to transfer the katha in the name of petitioner No.1 in the year 2007 and after 10 years, at the behest of the brother of petitioner No.2, a petition was made to the Assistant Commissioner to cancel the katha, consequent to which, the Assistant Commissioner vide order dated 15.09.2018 (Annexure-D) has cancelled the katha entered in the name of petitioner No.1 and reverted back the properties to the complainant. He has therefore, contended that the proceedings now initiated against the petitioners is an abuse of process of law.

6. The complainant is none other than the mother of petitioner No.2. Petitioner No.1 is the wife of petitioner No.2 and she is the daughter-in-law of the complainant. The allegations are that the petitioners' have colluded with each other and submitted to Tashildar that the complainant has consented to transfer the katha in respect of two properties and thereby got the katha transferred in the name of petitioner No.1.

7. The police after conducting investigation have filed charge sheet alleging that by