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2022 Supreme(Online)(Kar) 40236
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3647 OF 2022
C/W.
CRIMINAL PETITION NO. 2742 OF 2022
CRIMINAL PETITION NO. 3650 OF 2022
CRIMINAL PETITION NO. 3657 OF 2022
IN CRIMINAL PETITION NO. 3647 OF 2022
BETWEEN:
B.L.NAGENDRA PRASAD
AGED ABOUT 63 YEARS
S/O LATE SHRI C.V.L SHASTRY
RESIDENT OF THE PREMISES
BEARING 29/A, 9TH MAIN, SADASHIVNAGAR
BENGALURU 3 560 080.
& PETITIONER
(BY SRI C.V.NAGESH, SR. ADVOCATE A/W
SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY STATION HOUSE OFFICER
SESHADRIPURAM POLICE STATION
BENGALURU.
REP BY SPP HIGH COURT BUILDING
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
BENGALURU - 560 001
REPRESENTED BY S.P.P.
HIGH COURT BUILDING
BENGALURU 3 560 001.
2.
C.N.SEETHARAM
AGED ABOUT 73 YEARS
S/O LATE C.K.N.AYENGER
RESIDENT OF NO.3, 1ST CROSS
SRIPURAM, SESHADRIPURAM
BENGALURU 3 560 020.
&RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI M.T.NANAIAH, SR. ADVOCATE A/W
SRI PRABHUGOUD.B.TUMBIGI., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.51/2022
REGISTERED
AT
SESHADRIPURAM
POLICE
STATION,
BENGALURU FOR THE OFFENCES THAT ARE MADE PENAL U/S
406, 420 OF IPC WHICH FIR HAS BEEN SUBMITTED TO THE
COURT OF THE IV ADDL.C.M.M., BENGALURU.
IN CRIMINAL PETITION NO. 2742 OF 2022
BETWEEN:
B.L.NAGENDRA PRASAD
AGED ABOUT 63 YEARS
S/O LATE SHRI C.V.L SHASTRY
RESIDENT OF THE PREMISES
BEARING 29/A, 9TH MAIN,
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
SADASHIVNAGAR
BENGALURU 3 560 080.
& PETITIONER
(BY SRI C.V.NAGESH, SR. ADVOCATE A/W
SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY STATION HOUSE OFFICER
J.P.NAGAR POLICE STATION
BANGALORE - 560 078
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
2.
G.KARTHIKEYAN
AGED ABOUT 48 YEARS
S/O GOPAL C.,
RESIDENT OF NO.224,
4TH CROSS, 2ND PHASE,
SHOBHA DEW FLOWER
1ST PHASE, J.P.NAGAR
BENGALURU 3 560 078.
&RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI M.T.NANAIAH, SR. ADVOCATE A/W
SRI PRABHUGOUD.B.TUMBIGI., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.1/2022
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
REGISTERED AT J.P.NAGAR POLICE STATION BENGALURU FOR
OFFENCE THAT ARE MADE PENAL U/S.406, 420, 506, 120-B OF
IPC PENDING ON THE FILE OF THE IV ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE BENGALURU CITY.
IN CRIMINAL PETITION NO. 3650 OF 2022
BETWEEN:
B.L.NAGENDRA PRASAD
AGED ABOUT 63 YEARS
S/O LATE SHRI C.V.L SHASTRY
RESIDENT OF THE PREMISES
BEARING 29/A, 9TH MAIN, SADASHIVNAGAR
BENGALURU 3 560 080.
& PETITIONER
(BY SRI C.V.NAGESH, SR. ADVOCATE A/W
SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY STATION HOUSE OFFICER
SESHADRIPURAM POLICE STATION
BENGALURU 3 560 020
REPRESENTED BY
SPP HIGH COURT BUILDING
BENGALURU - 560 001.
2.
SHRISH N.R.,
AGED ABOUT 45 YEARS
S/O RANGARAMAUJAM C.N.,
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
RESIDENT OF NO.4, 1ST CROSS
SRIPURAM, SESHADRIPURAM
BENGALURU 3 560 020.
&RESPONDENT'S
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI M.T.NANAIAH, SR. ADVOCATE A/W
SRI PRABHUGOUD.B.TUMBIGI., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.50/2022
REGISTERED AT SESHADRIPURAM P.S., BANGALORE FOR THE
OFFENCES THAT ARE MADE PENAL U/S 406, 420 OF IPC
WHICH FIR HAS BEEN SUBMITTED TO THE COURT OF THE IV
ACMM, BANGALORE.
IN CRIMINAL PETITION NO. 3657 OF 2022
BETWEEN:
B.L.NAGENDRA PRASAD
AGED ABOUT 63 YEARS
S/O LATE SHRI C.V.L SHASTRY
RESIDENT OF THE PREMISES
BEARING 29/A, 9TH MAIN, SADASHIVNAGAR
BENGALURU 3 560 080.
& PETITIONER
(BY SRI C.V.NAGESH, SR. ADVOCATE A/W
SRI RAGHAVENDRA K., ADVOCATE)
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
AND:
1.
STATE OF KARNATAKA
BY STATION HOUSE OFFICER
SESHADRIPURAM POLICE STATION
BENGALURU 560 020
REPRESENTED BY
SPP HIGH COURT BUILDING
BENGALURU 3 560 001.
2.
PRAMOD B.N.,
AGED ABOUT 38 YEARS
S/O BADRINATH C.N.,
RESIDENT OF NO.5, 1ST MAIN
SESHADRIPURAM
BENGALURU 3 560 020.
&RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI M.T.NANAIAH, SR. ADVOCATE A/W
SRI PRABHUGOUD.B.TUMBIGI., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.52/2022
REGISTERED
AT
SESHADRIPURAM
POLICE
STATION
BENGALURU FOR OFFENCE THAT ARE MADE PENAL UNDER
SEC.406, 420 OF IPC WHICH FIR HAS BEEN SUBMITTED TO
THE COURT OF IV ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE BENGALURU CITY.
THESE CRIMINAL PETITIONS COMING ON FOR FURTHER
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 3647 of 2022
C/W CRL.P No. 2742 of 2022
CRL.P No. 3650 of 2022
CRL.P No. 3657 of 2022
The petitioner, common in all these petitions, has
knocked the doors of this Court calling in question
proceedings instituted in crime No.51/2022 for the
offences punishable under Sections 406 and 420 of the
IPC, which is impugned in Crl.P.No.3647/2022; crime
No.1/2022 for the offences punishable under Sections 406,
420,
506
and
120B
of
the
IPC
impugned
in
Crl.P.No.2742/2022; crime No.50/2022 for the offences
punishable under Sections 406 and 420 of the IPC
impugned in Crl.P.No.3650/2022 and crime No.52/2022
for the offences punishable under Sections 406 and 420 of
the IPC impugned in Crl.P.No.3657/2022, all pending
before the IV Additional Chief Metropolitan Magistrate,
Bengaluru City.
2. The complainants differ in all these cases but the
petitioner - accused remains the same and he is the sole
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accused in all these cases. Therefore, the cases are taken
up together and considered by this common order.
3. Brief facts of the case leading to the filing of the
petitions as borne out from the common pleadings are as
follows:
The petitioner and the respective complainants in all
these cases enter into agreements of sale with regard to
different properties, by way of separate agreements. All
the agreements of sale are executed on a single day i.e.,
27.04.2012, in all these cases. Correspondences were
generated between the complainants and the petitioner,
which appear to have gone in vain. This lead the
complainants to register complaints against the petitioner
in all these cases. The complaints become crimes as afore-
quoted. Registering crimes by the complainants is what
drives the petitioner to this Court in all these petitions.
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4. Heard Sri C.V.Nagesh, learned senior counsel for
the petitioner, Smt. K.P.Yashodha, learned High Court
Government Pleader appearing for respondent Non.1, Sri
M.T.Nanaiah, learned senior counsel along with Sri
Prabhugoud B. Tumbigi, learned counsel for respondent
No.2, in all the petitions.
5. The learned senior counsel appearing for the
petitioner takes this Court through the documents
appended to the petitions particularly, referencing to the
sale agreements, to contend that they were agreements
between the parties, after thorough scrutiny by the
respective
complainants,
they
having
signed
the
agreements, it was not open for the complainants to
register complaints as an alternate to time barred civil
proceedings. Learned senior counsel would emphasize on
clause 16 of the agreement of sale, which depicts the
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resolution of dispute by way of arbitration in terms of the
Arbitration and Conciliation Act, 1996. He would further
submit that the petitioner has also communicated on
04.01.2022, that if the complainants would visit the place,
finalise the same and inform it in writing, the properties
would be registered. He would seek quashment of the
proceedings.
6. Per contra, learned senior counsel appearing for
the
respondents
3
complainants
would
refute
the
submissions to contend that the petitioner did not have
any intention to sell the property right from the beginning
and his intention was only to cheat the complainants.
Therefore, Section 420 of the IPC is clearly made out
against the petitioner in the complaints and since the
money of the complainants are lying with the petitioner
and that having not been returned, has lead to registration
of the crimes for the offences as afore-quoted. Therefore,
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he submits that the matter is still under investigation and
it has to be investigated and liability should be fixed on
the petitioners. He would seek dismissal of the petitions.
7. Learned High Court Government Pleader would toe
the lines of the learned senior counsel appearing for the
respondents to contend that the matter is under
investigation and police should be permitted to investigate
and file a report before the concern Court.
8. I have given my anxious consideration to the
submissions made by the learned senior counsel appearing
for both the parties and perused t
