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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.1244 OF 2020

BETWEEN:

1.

MRS.G.CHITRA POORNIMA

W/O OF LATE MR.GEORGE THANGIAH

AGED ABOUT 50 YEARS

RESIDING AT No.6, COMMISSARIAT ROAD

BENGALURU-560 075.

2.

MR.JAGADISH

S/O MR.GANGADHAR

AGED ABOUT 49 YEARS

RESIDING AT No.926, 2^ND FLOOR

KUMARASWAMY LAYOUT

BENGALURU-560 078.

… PETITIONERS

(BY SRI.K.G.RAGHAVAN. SENIOR COUNSEL FOR

SRI.B.M.MOHAN KUMAR ADVOCATE)

AND:

1.

STATE BY INDIRANAGAR POLICE STATION

THROUGH STATION HOUSE OFFICER

INDIRANAGAR, BENGALURU URBAN

DISTRICT

BENGALURU-560 038.

COTTONPET MAIN ROAD

SULTANPET, BAKSHI GARDENS

CHICKPET, BENGALURU-560 053.

2.

NITESH INDIRANAGAR RETAIL

PRIVATE LIMITED

7^TH FLOOR, NITESH TIMESQUARE

R

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No.8, M.G.ROAD

BENGALURU-560 001.

REPRESENTED BY MR.SWAMY K.B

GENERAL MANAGER-LEGAL

… RESPONDENTS

(BY SMT.NAMITHA MAHESH.B.G, HCGP FOR R1;

SRI.K.SUMAN ADV., FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO 1. QUASH THE FIR DATED 24.01.2020

(VIDE ANNEXURE-A) REGISTERED BY THE 1^ST RESPONDENT

P.S., IN CR.NO.19/2020 PENDING BEFORE THE X A.C.M.M., AT

BENGALURU FOR THE OFFENCE P/U/S 427,506, 120B, 420, 435,

447 R/W 34 O IPC BY ALLOWING THE PETITION.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 29.03.2021, THIS DAY, THE COURT

PRONOUNCED THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C read with

Article 226 of Constitution of India praying this Court to quash

the FIR dated 24.01.2020 registered by respondent No.1 in

Crime No.19/2020 pending on the file of X Additional Chief

Metropolitan Magistrate at Bengaluru for the offence punishable

under Sections 427, 506, 120B, 420, 435, 447 read with Section

34 of IPC and quash the complaint dated 06.12.2019 filed on

24.01.2020 by respondent No.2 with respondent No.1 and pass

such other orders as deem fit in the facts and circumstances of

the case.

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2.

The factual matrix of the case is that respondent

No.1/complainant had filed the complaint dated 06.12.2019

before respondent No.1 and in the complaint an averment is

made that the Company is carrying on the business of real

estate development and has entered into a registered joint

development agreement dated 11.02.2011 with one Sri. George

Thangiah, who is the owner of the property, for the joint

development of the property bearing non-agricultural converted

land bearing Corporation No.2, situated on 80 feet road,

Indiranagar, Bengaluru measuring 2,16,283.50 square feet along

with other adjacent lands. The said land owner Sri. George

Thangiah also executed a General Power of Attorney in their

favour to proceed with the joint development and construction of

a Mall therein, which was to be named ‘GEORGE THANGIAH

NITESH MALL’.

4.

Petitioner No.1 herein is said to be the second wife of

Sri. George Thangiah and second petitioner herein is the

Manager working under her. Even though Sri. George Thangiah

was cooperative in enabling them to proceed with the joint

development works as per the joint development agreement

initially, later on as Sri. George Thangiah has become aged and

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the petitioner No.1 took over the affairs and started troubling

them. In exercise of their rights under the joint development

agreement, they had put up barricade on all four sides of the

property, a big hoarding, installed a POTA cabin with adequate

lighting being provided to the property, hoarding, POTA etc.

5.

Petitioner No.1 with dishonest intention of cheating

created a false dispute/discord which led to arbitration

proceedings and the same has been adjudicated during the

pendency of the arbitration proceedings. The petitioner No.1

along with her goondas and henchmen and with the active

c