- 1 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 237 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. KAVITHA, W/O ASHWATH NARAYAN, AGED ABOUT 50 YEARS, 2. ASHWATH NARAYAN S/O LATE KALAVEER SHETTY, AGED ABOUT 59 YEARS, BOTH ARE RESIDENT OF HOSAHALLI VILLAGE ROAD, KASABA HOBLI, K.R. NAGAR TALUK, MYSURU DISTRICT - 571 601. …PETITIONERS (BY SRI. MAHANTESH S. HOSMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY K.R. NAGAR POLICE, MYSURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. PUTTAMMA, W/O LATE KALAVEER SHETTY, AGED ABOUT 80 YEARS, R/O NO.14, 8TH WARD, C M ROAD, K.R. NAGAR TOWN, MYSURU DISTRICT - 571 601. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1; SRI. PRAKASH M. PATIL, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET REGISTERED BY THE RESPONDENT POLICE IN CR.NO.500/2017 AND C.C.NO.847/2020 REGISTERED FOR THE OFFENCE P/U/S 406, 417, 420, 468, 482, 485 R/W 34 OF IPC, WHICH IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C K.R. NAGAR MYSURU DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The registration of FIR in Crime No.500/2017 at K.R.Nagar Police Station, Mysuru District and filing of charge sheet in CC.No.847/2020 on the file of the Court of Principal Civil Judge and J.M.F.C, K.R.Nagar, Mysuru District are sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. Respondent No.2 filed a private complaint alleging offences punishable under Section 406, 409, 417, 420, 468, 482, 485, 488 read with 34 of IPC. The learned Magistrate referred the complaint for investigation, - 3 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 consequent to which the charge sheet was filed against the petitioners. 3. It is the case of the complainant that her husband late Kalaveer Shetty was the absolute owner of land bearing Sy.No.182/1 measuring 1.13 acres, Sy.No.182/2 measuring 1.12 acres, Sy.No.182/5 measuring 2.16 acres, Sy.No.182/7 measuring 0.34 acres and Sy.No.194/2 measuring 1.11.12 acres of Basavarajapura Village, Kasaba Hobli, K.R.Nagar Taluk, Mysuru District. 4. It is averred that her husband passed away on 13.10.2006. In the first week of April 2017, she came to know that the revenue entries of land bearing Sy.No.182/5 measuring 2.16 acres and Sy.No.182/7 measuring 0.34 acres were standing in the name of accused No.1. It is alleged that, both accused Nos.1 and 2 colluded and created false documents in respect of the above lands and though she had not consented for change of katha and - 4 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 gave application to the revenue officials, they got the katha changed in the name of accused No.1. 5. It is contended by the learned counsel for petitioners that respondent No.2 i.e, the complainant had consented to transfer the katha in the name of petitioner No.1 in the year 2007 and after 10 years, at the behest of the brother of petitioner No.2, a petition was made to the Assistant Commissioner to cancel the katha, consequent to which, the Assistant Commissioner vide order dated 15.09.2018 (Annexure-D) has cancelled the katha entered in the name of petitioner No.1 and reverted back the properties to the complainant. He has therefore, contended that the proceedings now initiated against the petitioners is an abuse of process of law. 6. The complainant is none other than the mother of petitioner No.2. Petitioner No.1 is the wife of petitioner No.2 and she is the daughter-in-law of the complainant. The allegations are that the petitioners' have colluded with each other and submitted to Tashildar that the - 5 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 complainant has consented to transfer the katha in respect of two properties and thereby got the katha transferred in the name of petitioner No.1. 7. The police after conducting investigation have filed charge sheet alleging that by forging the signature of the complainant and creating fake documents, accused Nos.1 and 2 have changed the katha in respect of two properties mentioned above in the name of petitioner No.1. 8. Learned counsel for petitioners has contended that by virtue of the order passed by the Assistant Commissioner, the Khatha now stands in the name of the complainant, which is not disputed by the learned counsel appearing for respondent No.2. However, his contention that there was consent given by the complainant to change the khatha has been disputed. The allegations are that, by forging complainant's signature, the petitioners got the Khatha changed in the name of the petitioner No.1. Since the charge sheet is now filed and considering - 6 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 the facts and circumstances, at this stage this is not a fit case to quash the proceedings. 9. Learned counsel for petitioners submitted that now the complainant has gifted the entire property to her another son and petitioner No.2 has filed a suit before the Senior Civil Judge, K.R.Nagar in O.S.No.53/2019 for partition and also challenging the two gift deeds. 10. It is needless to say that the parties can work out their remedy before the Civil Court with regard to the rights over the property. Considering the relationship between the parties, if there is any settlement, petitioners are at liberty to file a fresh petition before this Court seeking quashing. Petitioners are also at liberty to seek discharge, as it is contended by the learned counsel for petitioners that the prosecution has not collected sufficient material to show that the petitioners have forged the signature of the complainant. If any such application seeking discharge is filed, the learned Magistrate shall consider and dispose of the same in accordance with law. - 7 - NC: 2025:KHC:15925 CRL.P No. 237 of 2022 11. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK/LDC List No.: 1 Sl No.: 17 CT: BHK