IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 29^TH DAY OF JANUARY 2021

BEFORE

THE HON9BLE MR. JUSTICE P. KRISHNA BHAT

CRL.P. NO.101394 OF 2020

BETWEEN:

BHUVANESHWAR S/O. LAXMAN MASAMATTI

AGE. 54 YEARS, OCC. GOVERNMENT SERVANT,

SUB-REGISTRAR, JAMAKHANDI,

R/O. NYAMAGOUDA GALLI, JAMAKHANDI,

TQ. JAMAKHANDI,

DIST. BAGALKOT 3 587 301.

.. PETITIONER

(By SRI. M B GUNDAWADE, ADVOCATE.)

AND:

STATE OF KARNATAKA

BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, AT DHARWAD

THROUGH JAMAKHANDI

TOWN POLICE STATION 3 587 301.

& RESPONDENT

(By SRI. PRAVEEN K. UPPAR, HCGP )

R

2

THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.

PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE

PETITIONER/ACCUSED

NO.6

IN

JAMAKHANDI

TOWN

P.S.

CR.NO.24/2020 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE

AND JMFC COURT, JAMKHANDI, FOR THE ALLEGED OFFENCES U/S.

420, 465, 468, 471 OF IPC.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Accused No.6, a Sub-Registrar working in the office of Sub-

Registrar, Jamakhandi, has approached this Court in a petition filed

under Section 482 of Cr.PC. seeking quashing of FIR in Crime No.

24/2020 at Jamakhandi Town Police Station, on the file of the

Principal Senior Civil Judge and JMFC, Jamakhandi, for offences

punishable under Sections 420, 465, 468, 471 of IPC.

2. A case was registered based on the complaint of

one Chidanand Ajjappa Mali, a resident of Jamakhandi

dated

25.02.2020

wherein

it

is

alleged

that

in

a

compromise decree passed by this Court, in property

bearing Survey No.33/3 land measuring 10 guntas and in

Sy.No.33/12 land measuring 10 guntas, in all measuring

20 guntas of Hunnur village was allotted to him and one

3

Vijayalakshmi Mendigeri (accused No.1) who is his cousin

also got her share separately under the said decree. He

has further stated in the complaint that the entire

property including the share allotted to him under the

compromise decree was still standing in the Revenue

records in the name of accused No.1 stated earlier. On

10.01.2020 when he went to the office of the Sub-

Registrar, Jamakhandi, he came to know that both the

items of land allotted to him under the compromise decree

before this Court were sold by accused No.1 by sale deeds

registered in the office of the Sub-Registrar, Jamakhandi.

On inspection of the documents in the office of the Sub-

Registrar, Jamakhandi, he came to know that a stamp

paper

of

the

value

of

Rs.200/-

was

obtained

on

27.12.2019 from a Society in Jamakhandi and a document

was prepared to the effect that complainant had given

consent for the sale of the property allotted to his share

in the compromise decree in favour of Toufik Moulasab

who is accused No.2 in the case. He further came to know

that there was recital in the said consent letter that since

4

it was going to take considerable time to get the property

mutated in the name of the complainant, the said consent

letter was given in favour of Smt. Vijayalakshmi Mendigeri

(accused No.1) to execute the sale deed in favour of

accused No.2. it is further stated in the complaint that

the signature on the said alleged consent letter was a

forged one and complainant had not signed the same. He

has also alleged in the complaint that false recitals were

made in the documents about huge amounts of money

having been given to the complainant for giving the said

consent letter. The further allegation is that two sale

deeds

dated

31.12.2019

were

presented

before

the

present

petitioner

who

is

the

Sub-Registrar

of

Jamakhandi, for registration purporting to be sale deeds

in respect of the property allotted to the share of the

complainant in favour of accused No.2 and it contained

forged signatures of the complainant. The details of the

names of the persons who had signed as witnesses to the

consent letter as well as to