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2026 Supreme(Online)(Kar) 13430

THE HIGH COURT OF KARNATAKA
M G UMA
SMT. B. SARASWATHI – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 7805/2020



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 7805 OF 2020 BETWEEN:

SMT. B. SARASWATHI AGED ABOUT 52 YEARS W/O R. GOINDARAJU R/AT: OLD NO.90/1, NEW NO.38, 5TH CROSS EJIPURA MAIN ROAD, VIVEKNAGAR, BANGALORE - 560 047 …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE)

AND:

1. STATE OF KARNATAKA VIVEKNAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA Digitally signed BANGALORE - 560 001 by PRASHANTH N V

2. SMT VASANTHI Location: High Court of W/O YADAVENDRA Karnataka AGED ABOUT 40 YEARS, R/AT NO.39, 8TH CROSS, EJIPURA MAIN ROAD, VIVEKNAGAR POST, BENGALURU - 560 047 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 SRI. M.C. RAVIKUMAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.55458/2014 PENDING ON THE FILE OF THE X A.C.M.M., MAYO HALL UNIT, BENGALURU CITY FOR THE OFFENCE P/U/S 420, 506 R/W 34 OF IPC PURSUANT TO THE FILING OF THE COMPLAINT IN CR.NO.202/2012 OF VIVEK NAGAR P.S., BENGALURU.

THIS CRL.P, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioner being accused No.1 in Cr.No.202/2012 of Viveknagar Police Station, Bengaluru in C.C.No.55458/2014 pending on the file of the learned X Addl. Chief Metropolitan Magistrate Mayo Hall Unit, Bangalore City registered for the offences punishable under Sections 420, 506 read with Section 34 of the Indian Penal Code (for short 'the IPC'), has filed this petition seeking to quash the criminal proceedings initiated against her.

2. Heard Sri. Rajashekar S, learned counsel for the petitioner and Sri. Rangaswamy R, learned High Court Government Pleader for the respondent No.1- State and Sri. M.C.Ravikumar, learned counsel for respondent No.2. Perused the materials on record.

3. It is the contention of the learned counsel for the petitioner that the petitioner is the sole accused, against whom respondent No.2 registered First Information Report in Cr.No.202/2012 of Viveknagar Police Station for the aforesaid offences. After investigation, charge sheet came to be filed. The Trial Court took cognizance of the offences and registered criminal case against the petitioner.

4. According to respondent No.2, the petitioner had executed an agreement to sell in respect of the property bearing khata No.121 on 06.03.2012. At the time of executing the sale deed, an advance of Rs.20 lakhs was received and the petitioner agreed to sell the residential property for a total consideration of Rs.1,15,00,000/-. Thereafter, further advance amounts were also received but no sale deed was executed. Thereby, the petitioner committed cheating. When respondent No.2 demanded the petitioner to execute the sale deed, she criminally intimidated her. Therefore, the complaint came to be filed against the petitioner.

5. It is stated that respondent No.2 filed the suit in O.S.No.7903/2012 seeking specific performance of contract i.e., agreement to sell, on 06.03.2012 against the petitioner. The said suit came to be decreed as per the judgment and decree dated 01.09.2020. The petitioner has challenged the said judgment and decree by preferring the appeal in RFA No.1536/2020, which is pending consideration.

6. It is also stated that the petitioner had filed the suit in O.S.No.8819/2012 seeking permanent injunction against respondent No.2 but the said suit came to be dismissed, against which the petitioner has preferred RFA, which is also pending consideration.

7. It is also contended by the learned counsel for the petitioner that since respondent No.2 forcibly trespassed into the first floor of the building, a criminal case was registered against her. However, the Investigating Officer filed 'B' report. In spite of filing the protest petition, the Trial Court accepted the 'B' report. The said order of the Trial Court is also under challenged. In view of the above, learned counsel for the petitione

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