IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11236 OF 2024 BETWEEN:

1. SRI S. R. PRABHU AGED ABOUT 62 YEARS, S/O LATE A R SHIVANNA, RESIDING AT, NO. 866, 13TH MAIN ROAD, VINAYKA LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE - 560 072.

2. SMT. RENUKA PRABHA S., W/O. CHANDRADHARA, D/O. LATE A. R. SHIVANNA, AGED ABOUT 66 YEARS, RESIDING AT, NO. 17/51, 11^TH CROSS, 1^ST MAIN, Digitally signed by SANJEEVINI NAGAR, LAKSHMI T Location: MOODALAPALYA, BENGALURU- 560 072.

High Court of Karnataka BOTH ARE RESIDING AT:

FLAT NO. 417, 5TH CROSS, 7TH MAIN ROAD, HAMPI NAGAR, (RPC LAYOUT) VIJAYANAGAR 2ND STAGE, BENGALURU - 560 040.

…PETITIONERS (BY SRI. VENKATESH SOMAREDDY, ADVOCATE FOR SRI. SUNIL PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. SRI. S.R. VIJAYA, AGED ABOUT 58 YEARS, S/O LATE A. R. SHIVANNA, RESIDING AT, FLAT NO. 417, 5TH CROSS, 7TH MAIN ROAD, HAMPINAGAR, (RPC LAYOUT) VIJAYANAGAR 2ND STAGE, BENGALURU - 560 040.

…RESPONDENTS (BY SRI.JAGADEESHA B.N., ADDL. SPP, FOR R1, SRI. G.A.K. GOWDA, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S. 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY THE R1 POLICE IN CC NO.29830/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 468, 471, 420 READ WITH 34 OF IPC, PENDING ON THE FILE OF XXIV ADDL. CHIEF METROPOLITAN MAGISTRATE BANGALORE, VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The charge sheet filed against the petitioners for the offences punishable under Sections 468, 471, 420 r/w 34 of IPC and the consequent proceedings in C.C.No.29830/2023, pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, are sought to be quashed in this petition.

2. It is the case of the prosecution that the petitioners have colluded with each other in order to grab the house property bearing No.417, situated at 7^th Main Road, 5^th cross, Hampinagar, Vijayanagar II Stage, Bengaluru, measuring about 44x30 square feet and created fake affidavit and submitted to the office of the Tahsildar stating that they are the only children to their deceased father and obtained the family tree and thereafter, on 02.07.2022 accused No.1 got the Release Deed from accused No.2 and registered the property in his name.

3. The learned counsel for the petitioners has contended that even accepting the allegations, the ingredients of the offences alleged are not made out, the dispute is purely civil in nature and therefore contended that the charge sheet and all the consequent proceedings initiated against the petitioners are liable to be quashed.

4. It is the contention of the learned for petitioners that father of the petitioners constructed a dwelling house in the property in question and the petitioners are residing in the said house. Initially, their father executed a registered Will bequeathing the immovable property in favour of the respondent No.2. However, the said Will was cancelled by Deed of Cancellation. Petitioner's father died intestate on 10.02.2022 leaving behind his legal representatives to succeed to his estate. After the death of their father, petitioners continued to reside in the immovable property and petitioner No.2 as such, relinquished her right in respect of the property in favour of the petitioner No.1 under the registered Deed of Release dated 02.07.2022. He therefore contended that the allegations that petitioners have forged the document or petitioner No.1 has registered the property in his name and has changed the khatha of the property in his name are false, as it is the petitioner No.2 herself who has relinquished her right in respect of the property in favour of petitioner No.1.

5. It is the contention of the learned counsel for respondent No.2/defacto c