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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.7030/2018

BETWEEN

SMT. NAGARATNA MURTHY

W/O SRI A.N.RAMESH MURTHY

AGED ABOUT 62 YEARS,

R/AT NO.29, 3^RD CROSS,

JUDICIAL OFFICERS LAYOUT

R.M.V. 2^ND STAGE,

BENGALURU 3 560 094.

... PETITIONER

(BY SRI K.SHIVASHANKAR, ADVOCATE (PHYSICAL HEARING))

AND

1.

THE STATE OF KARNATAKA BY

DEVANAHALLI POLICE STATION

DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT

REPRESENTED BY PUBLIC PROSECUTOR

HON9BLE HIGH COURT OF KARNATAKA

AT BENGALURU 3 560 001.

2.

SRI KRISHNAPPA

S/O LATE SRI SIDHARAMANNA

AGED ABOUT 61 YEARS,

RESIDENT OF SHETTERAHALLI VILLGE,

KASABA HOBLI, DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT 3 562 110.

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REPRESENTED BY HIS SON

AS GPA HOLDER.

SRI SHANKAR

S/O SRI KRISHNAPPA

RESIDENT OF SHETTIERHALLI VILLAGE,

KASABA HOBLI, DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT 3 562 110.

... RESPONDENTS

(BY SMT.NAMITHA MAHESH B.G., HCGP FOR R1

(PHYSICAL HEARING)

R2 SERVED)

THIS CRIMINAL PETITION FILED UNDER SECTION 482 CR.P.C

BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HON'BLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS

IN PCR NO.184/2018, PENDING BEFORE THE LEARNED PRINCIPAL

CIVIL JUDGE AND JMFC AT DEVANAHALLI AND THE FIR IN

CR.NO.113/2018 REGISTERED BY THE 1ST RESPONDENT FOR

THE ALLEGED OFFENCES P/U/S 406,407,417,418,419,420,423,468

OF IPC, IN SO FAR AS IT RELATES TO THEM.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner calls in question proceedings instituted in

PCR No.184 of 2018 on the file of the Principal Civil Judge and

JMFC, Devanahalli and FIR in Crime No.113 of 2018 registered

by the 1^st respondent for the alleged offences punishable under

Sections 406, 407, 417, 418, 419, 420, 423 and 468 of the IPC.

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2. Heard Sri K. Shivashankar, learned counsel appearing

for the petitioner and Smt. Namitha Mahesh B.G., learned High

Court Government Pleader appearing for the first respondent.

3. The facts in brief as projected in the complaint are as

follows:-

A private complaint under Section 200 of the Criminal

Procedure Code is registered by one Shankar claiming to be the

General Power of Attorney Holder of one Sri Krishnappa,

respondent No.2 herein. The claim of the complainant is that,

on 30-11-1998, the complainant and his brother had entered

into a partition over Sy.No.3 of Shetterahalli Village and other

joint family and ancestral properties. The properties in Sy.No.3

belonged to the ancestral and joint family properties of the

complainant. It is the case of the complainant that the property

in Sy.No.3 had been phoded as Sy.Nos.3/1, 2, 3, 4 & 5. In

respect of Sy.No.3/1 measuring 29 guntas of land in

Shetterahalli village, the title and documents claimed to be

standing in the name of one Anjinappa and Obalappa. The crux

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of the complaint is, accused No.1/petitioner entered into an

agreement of sale of land in Sy.No.3/3 without having

possession of the property. It was also alleged in the complaint

that the petitioner had filed a writ petition before this Court in

Writ Petition No.10130 of 2007 seeking a direction to the

Tahsildar to mutate revenue entries over the property in her

favour.

4. The agreement of sale has generated this complaint on

allegations of offences punishable under Sections 406, 407, 417,

418, 419, 420, 423 and 468 of the IPC. While registering the

complaint on 17.03.2018, the competent Court observes as

follows:

<Perused complaint and document annexed

documents along with the complaint.

On perusal of the complaint the matter arises

out of civil transaction. Moreover there it is

averred that the complainant has approached

the jurisdictional police, but there is no

document is produced, therefore, in view of the

decision of Hon9ble High Court of Karnataka

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reporte