- 1 -

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF JULY 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.102219/2018

BETWEEN

SMT. SANJIDA D/O IMAMSAB PINJAR

AGE: 46 YEARS,

OCC: SUB-REGISTRAR-GADAG,

R/O: SHIVA SAI NAGAR,

NEAR BUS STAND ROAD,

GADAG-582 101.

…PETITIONER

(BY SRI.GOPALKRISHNA R KOLLI, ADVOCATE)

AND

1.

SMT. KALLAVVA W/O

HANUMANTAPPA KURIYAVAR

AGE: 62 YEARS,

OCC: HOUSEHOLD WORK,

R/O: GANESH PETH,

HUBBALLI, HUBBALLI-580 020.

2.

THE STATE OF KARNATAKA

REP. BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD.

…RESPONDENTS

(BY SRI.M.B.GUNDAWADE, ADVOCATE

FOR SRI.S.L.MATTI, ADVOCATE FOR R1,

SRI.R.RAVINDRA NAIK, HCGP FOR R2)

- 2 -

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.

SEEKING TO QUASH THE COMPLAINT AND THE IMPUGNED

ORDER

OF

REGISTERING

THE

CRIMINAL

CASE

IN

C.C.NO.714/2018 (P.C.NO.8/2018) ON THE FILE OF THE CIVIL

JUDGE & JMFC COURT, NAVALAGUND FOR THE OFFENCES P/U/S

120(B), 404, 418, 464, 466, 468 OF IPC, AGAINST THE

PETITIONER.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Though the petition is listed for admission, with

the consent of learned counsel for both the parties, it

is taken up for final disposal.

2.

The petitioner/accused is before this Court

seeking to quash the criminal proceedings registered

against her in Private Complaint No.8/2018 on the file

of the learned Civil Judge and JMFC, Navalgund (for

short,

‘the

trial

Court’),

now

pending

in

C.C.No.714/2018, for the offence punishable under

Sections 120-B, 404, 418, 464, 466, 468 of Indian

Penal Code (for short, ‘IPC’)

- 3 -

3.

Brief facts of the case are that respondent

No.1 as complainant filed the Private Complaint

No.8/2018

before

the

trial

Court,

against

the

petitioner/accused stating that her father Huchhappa

was owning 23.13 acres of land in Sy.No.379 of

Navalgund

village

and

he

was

admitted

to

Vivekananda hospital at Hubballi as he was having

breathing problem. He was treated in ICU for about 9

days, but he died in the hospital on 27.02.2016.

4.

It is stated that after the death of the father

of the complainant, she verified the revenue records

pertaining to the lands owned by him and came to

know that her cousins i.e. Manjuanth, Yallappa and

others in collusion with the accused who was working

as Sub-Registrar, concocted a registered sale deed

said to have been executed on 22.02.2016. Even

though the father of the complainant had not executed

any registered sale deed as he was not in a position to

- 4 -

execute the same, the accused in collusion with the

said Manjunath, Yallappa and others, fabricated the

sale deed, forged his thumb impression, affixed the

photos of deceased Huchhappa and got registered the

document. It is stated that the sale deed in question

does not bear the signature of the executant on each

pages and not even on the last page of the document.

The accused had shown the consideration amount for

sale of the property by Huchhappa, but no such

amount was paid to him as consideration. The accused

concocted

the

document,

forged

the

signatures,

registered

the

same

conspiring

with

the

said

Manjunath, Yallappa and others and thereby cheated

the

complainant

and

her

father.

They

have

misappropriated the valuable property. Therefore, the

complainant

requested

the

trial

Court

to

take

cognizance of the offence and to initiate legal action

against the accused.

- 5 -

5.

The trial court recorded the sworn statement

of the complainant and got marked Exs.P.1 to P.7. On

the

basis

of

these

materials

on

record,

took

cognizance of the offence punishable under Sections

120-B, 404, 418, 464, 466, 468 of IPC, directed to

register the criminal case and issued summons to the

accused to appear before the Court. Accordingly,

C.C.No.714/2018 was came to be