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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.Nagaprasanna
Jagadish Devadas Anchan, S/O Late Devadas Chandrashekar Anchan – Appellant
Versus
State Of Karnataka Through Mulky Police Station Represented By State Public Prosecutor – Respondent
ORDER :
M. Nagaprasanna, J.
These petitions are filed by accused Nos.1 and 2 in Crime No.62 of 2024 registered for offence punishable under Sections 419 , 420, 465, 467, 468, 471 and 34 of the IPC calling in question the FIR registered against them. Therefore, they are taken up together and considered by this common order. For the sake of convenience, facts obtaining in Criminal Petition No.4470 of 2025, which are also common in the other petition, are narrated.
2. Facts, in brief, germane are as follows: -
The 2nd respondent is the complainant. A complaint comes to be registered by the 2nd respondent stating that he is the power of attorney holder of five persons viz.,(i) Mr. Vijaya Adappa;(ii) Mrs. Yamini Sridevi Mali;(iii) Smt. Manjula Adappa;(iv) Mr. Roshan Adappa and(v) Dipti Adappa.Mr. Vijaya Adappa is said to be the son of one Bhavani Adappa, Mrs. Yamini Sridevi Mali is the daughter of Bhavani Adappa and Manjula Adappa is said to be the daughter-in-law of Bhavani Adappa and Roshan Adappa and Dipti Adappa are the children of Manjula Adappa. Bhavani Adappa is said to have died on 08-11-1990 and the children as mentioned hereinabove are the sole surviving heirs of late Bhavani Adap
The court established that civil suits do not bar criminal proceedings when allegations reveal potential criminal activities, emphasizing the simultaneous applicability of both legal remedies.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
Inherent powers under Section 482 CrPC do not permit quashing proceedings when prima facie evidence of a crime is present, mandating a trial to ascertain truth.
The power under Section 482 of Cr.P.C. should be used sparingly and with abundant caution, and criminal proceedings should not be used to settle purely civil disputes.
The court quashed the FIR against the petitioner as there was no direct transaction linking him to the complainant's claims, thus highlighting the importance of substantiating allegations with factua....
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