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2025 Supreme(Online)(Kar) 33525
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
GLADYS D ALMEIDA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 2438 OF 2023
For the Appellants/Petitioners: SRI. A. RAVISHANKAR, ADV.
For the Respondents:SRI. THEJESH P., HCGP, SRI. CYRIL PRASAD PAIS, ADVOCATE
The court found that an inordinate delay in filing a criminal complaint and the existence of parallel civil litigation rendered the FIR an abuse of process, emphasizing the distinction between civil and criminal disputes.
Headnote:(A) Indian Penal Code - Sections 406, 420, 465, 467, 468, 471, 34 - Quashing of FIR - Complaint alleging embezzlement and fraudulent transfer of funds by the petitioner after the death of Everest Pereira - Delay of 13 years in filing the complaint cited as a significant factor; court ruling that the dispute is predominantly civil in nature, with the attempt to convert it into criminal proceedings being impermissible. (Paras 8-16)
(B) Abuse of Process - Inordinate delay in filing a criminal complaint, suppression of material facts, and the presence of existing civil litigation disallowed the ongoing criminal proceedings as they constitute an abuse of the process of law. (Paras 24-26)
Facts of the case:
The petitioner sought to quash an FIR alleging embezzlement of Rs.3.4 Crores by misrepresenting identity and colluding with financial institutions following the death of the complainant's husband, Everest Pereira. The complaint was filed by the deceased’s wife after a significant delay without explaining the basis for it and ignoring previous civil suits with similar allegations.
Findings of Court:
The FIR is quashed based on the conclusion that it reflects an abuse of legal process and the nature of the dispute being essentially civil.
Issues: The core issues addressed include the legitimate filing of the complaint, inordinate delays, and whether existing civil matters justified the criminal allegations.
Ratio Decidendi: The court held that a significant delay in filing and the misuse of criminal law for a pre-existing civil dispute compromised the integrity of the complaint.
Result: FIR and complaint dismissed.
| Table of Content |
|---|
| 1. overview of the case and key allegations (Para 1 , 3 , 4) |
| 2. context of prior litigation and claims (Para 2 , 5) |
| 3. delay in filing complaint as a critical factor (Para 6 , 7 , 10) |
| 4. abuse of process through suppression of facts (Para 8 , 12) |
| 5. quashing of fir based on previous litigation (Para 9 , 13 , 14) |
| 6. final ruling on quashing the fir (Para 15 , 16) |
CAV ORDER
In this petition, the petitioner-accused No.1 seeks quashing of the impugned complaint and FIR registered in Crime No.47/2018 dated 29.03.2018 against the petitioner and other accused persons for the offences punishable under Sections 406 , 420, 465, 467, 468, 471 r/w Section 34 of IPC and for other reliefs.
2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent as well as learned counsel for respondent No.2 and perused the material on record.
3. Brief facts giving rise to the present petition are as under:
The respondent No.2 filed the instant complaint against the petitioner-accused No.1 and other accused persons inter alia contending that she got married to one Everest Pereira on 22.10.1975 and they have two children from out of their wedlock. It was contended that her husband Everest Pereira was murdered on 14.09.2005, subsequent to which the petitioner-accused No.1, along with other accused persons committed the alleged offences, as a result of which, the complainant filed the instant complaint against them. In this context, the aforesaid complaint filed by respondent No.2 – de facto complainant reads as under:
“From: Date: 10.02.2018 Mrs. Carmeline Pereira Place: Mangaluru W/o. Late Everest Pereira C-3, Flat No-6, Khira Nagar Santa Cruz, West Mumbai-400054 Maharashtra To.
1) The Commissioner of Police Police Commisserate A.B.shetty Circle Mangaluru
2) The Inspector of Police Mangalore North Police station Bunder Mangaluru Sir, Complaint against :-
1) Gladys D"Almeida Flat no.601, Concorde Apartments, Falnir Road, Hampankatta, Mangalore- 575001
2) A.T.Rodrigues W/o, Olvin Henry Rodrigues, 1st floor, Shanti Kendra; Opp: Fathima Retreat House, Jeppu , Mangalore 575002.
3) Olvin Henry Rodrigues, 1st floor, Shanti Kendra, Opp: Fathima Retreat House, Jeppu, Mangalore – 575 001
4) Pallavi Sawant, Branch Manager, LIC Mutual fund No.4.,Canara Mutual Building, Opposite Cash Pharmacy, Residency Road, Richmond Town, Bengaluru.560002 (the then Assistant Manager, Bangalore Area office, LIC Mutual fund 10A, 3rd floor. Chandrakiran building, Katurba Raod, Bengaluru.560001
5) Krishna, Area Manager, LIC Mutual fund Area Office, 10A, 3rd floor. Chandrakiran building, Katurba Raod, Bengaluru.560001.
6) The Manager, M/s Karvy MFS, official/Registrars for LIC Mutual Funds, Bangalore
7) Jayashree M/s Karvy MFS, official/Registrars for LIC Mutual Funds, Kodialbail, Mangalore-
575003.
8) The Manager, LIC Mutual fund, Popular Building, K.S.Rao Road Mangaluru.
9) The Manager, state Bank of India, kankanady Branch, Fr. Muller Road, Mangaluru.
11) The branch Manager, Syndicate Bank, Puttur Main branch
12) The Chief Manager, Syndicate Bank, Kankanady branch.
13) Anil pinto, Red Building lane, KANAPADAK, Kankanady Post, Mangaluru-575002.
14) Micheal Lawrence D'Almeida, Prem Nivas, Darbe Puttur, 574202.
Sub: Rs.3.4 Crores in five folios invested by my husband, Everest Pereira into LIC Mutual Fund was embezzled by Gladys D'Almeida in collusion with LIC Mutual fund, Karvy officials and others within a week after the death of my husband. The name of my husband, Everest Pereira's who was the investor's in five folios, was requested to be transferred by a letter dated.. 20.9.2005. Using different names, Gladis D'Almeida, has played fraud on officials and duped them without any body raising an eyebrow. When changes in the said folios which has the investor's name, no changes, should have been made, particularly after the death of the an investor. But changes in name was illegally and fraudulently carried out, and in the name of Gladis Pereira who embezzeled the entire amount,
