Criminal proceedings cannot be quashed under Section 482 Cr.P.C. when a prima facie case of impersonation and fraud is established, as the matter requires thorough investigation.

Digitally signed by RAMYA D (BY SRI SABEEL AHMED, ADVOCATE)

Location: High Court of Karnataka, Dharwad Bench

THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE IMPUGNED COMPLAINT DATED 08.04.2024 LODGE BY THE RESPONDENT NO.2 AS PER ANNEXURE-A AND IMPUGNED F.I.R. IN CRIME NO.96/2024 REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCE PUNISHABLE U/S.419, 420, 34 OF I.P.C. AS PER ANNEXURE-B AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, BALLARI IN CRIME NO.96/2024 FOR THE OFFENCE PUNISHABLE U/S. 419, 420, 34 OF I.P.C., IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973¹Hereinafter referred to as the ‘Cr.P.C.’ / Section 528 of the Bharatiya Narik Suraksha Sanhita, 2023 ²Hereinafter referred to as the ‘BNSS, 2023’ by the petitioner/accused No.1 with the following prayer:

“a) Quash the impugned complaint dated 08-04-2024 lodge by the Respondent No.2 as per Annexure-A and impugned F.I.R in Crime No. 96/2024 registered by the Respondent No.1 police for the offence punishable under Section 419, 420, 34 of I.P.C as per Annexure-B and all further proceedings pending on the file Hon’ble I Additional Civil Judge (Jr.Dn) and JMFC, Ballari in Crime No. 96/2024 for the offence punishable under Section 419, 420, 34 of I.P.C, in the interest of justice and equity.

b) Pass any other order as this Hon’ble Court deems fit, in the facts and circumstances of the case, including the cost of this petition, in the interest of justice and equity.”

It is the brief case of prosecution as per the complaint and FIR that respondent No.2/complainant, being the owner of land bearing Sy.No.353A/2 to an extent of 0.26 cents situated at Ballari, had purchased the same on 09.10.2023 and thus became owner of the said property. Thereafter, respondent No.2 executed an agreement of sale on 06.01.2024 in the name of Smt. M. Vijayalakshmi wife of M. Nagendra Prasad for a sum of Rs.5,00,000/-. When this was the fact, the husband of the agreement holder, namely M. Nagendra Prasad, enquired with the office of the Sub-Registrar on 16.01.2024 and it appeared that respondent No.2 had sold the said land to the petitioner. When this fact was informed to respondent No.2, he enquired and verified with the office of Sub-Registrar and came to know that one person, by impersonating respondent No.2/complainant, had sold the said property to the petitioner. Therefore, it is complained that both the petitioner and the person, who impersonated have committed offences of fraud and forgery. Based on the said complaint, a case was registered for the offence stated above.

Learned counsel for the petitioner submitted that there is a delay of four months in lodging the FIR. It is further submitted that none of the ingredients under Sections 419, 420 read with Section 34 of Indian Penal Code, 1860, are attracted. The entire dispute is civil in nature, but has given a criminal colour and initiation of proceedings is abuse of process of Court. Therefore, prays to quash the proceedings.

On the other hand, learned counsel for respondent No.2 submitted that an unknown accused had impersonated respondent No.2 by depicting himself as the owner of the said property and by misusing the name of respondent No.2, sold the property to the petitioner. Therefore, both the accused have conspired with each other and by fraudulent means have got created the forged documents and sold the property in favour of the petitioner.

Further, it is argued with reference to the photographs produced in the alleged sale deed, the photographs shown as the vendor is not that of 2nd respondent. Thus, the 2nd respondent was impersonated and it requires investigation. Therefore, prayed that the pr