- 1 - HC-KAR NC: 2025:KHC:22693 CRL.P No. 1002 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1002 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. JAYARAM PATHAK, S/O K. M. PATHAK, AGED ABOUT 65 YEARS R/AT 2992/1, 3RD MAIN, V. V. MOHALAL, MYSORE KARNATAKA – 570 022 2. SRI. SRIHARI PATHAK S/O JAYARAM PATHAK AGED ABOUT38 YEARS RA/T 2992/1, 3RD MAIN V. V. MOHALLA, MYSORE KARNATKA – 570 022 …PETITIONERS (BY SRI. RAJATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF V.V. PURAM P. S. MYOSRE – 570 022 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. SMT. SHERLEY MATHEW W/O MATHEW P. JOHN, AGED ABOUT 48 YEARS R/AT NO.C-371, NOTU MUDRANA NAGARA, METAGAHALLI, MYSORE CITY KARNATAKA – 570 003 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 IS SERVED & UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22693 CRL.P No. 1002 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.194/2023 ARISING OUT OF CHARGE SHEET DATED 01.03.2023 REGISTERED IN CR.NO.61/2019 DATED 02.08.2019 BY THE V.V. PURAM P.S. FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 34, 420, 406, 463, 468 OF IPC PENDING BEFORE THE LEARNED I ADDL. SR. CIVIL JUDGE AND C.J.M MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following reliefs: “Wherefore, the petitioners named above humbly prays that this Hon’ble prays that this Hon’ble Court may be pleased under Section 482 to pass an order, quashing the entire proceedings in C.C.No.194/2023, arising out of chargesheet dated 01.03.2023 registered in Crime No.61/2019 dated 02.08.2019 by the V.V.Puram Police Station for alleged offences punishable under Sections 34, 420, 406, 463 and 468 of IPC, 1860, pending before the Ld. I Additional Senior Civil Judge and CJM, Mysore, in the interest of justice. ” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:22693 CRL.P No. 1002 of 2024 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest this petition. 4. A perusal of the material on record will indicate that it is the case of the prosecution that accused No.1 being the Managing Director of a firm by name Sree Patak Developers entered into a sale agreement with the complainant to sell flat No.G-2 in Pratham Lakshmi Apartment at Gokulam, Mysuru by receiving Rs.1,60,000/- as advance amount on 27.08.2015 and thereafter, borrowed loan for Rs.30,40,000/- from State Bank of India in the name of the complainant and her husband towards the payment of consideration amount to purchase the said property and executed a registered sale deed in respect of the said property on 23.05.2016. Further, it is alleged that, when the complainant went to take possession of the said G-2 flat in Pratham Lakshmi Apartment, they came to know that the said flat is in the name of the owner of the land and when the complainant verified regarding the same in the Sub-Registrar office, it is found that there was an over writing regarding G-2 flat by changing the word “owner” to “Developer”. The complainant has alleged that the accused caused - 4 - HC-KAR NC: 2025:KHC:22693 CRL.P No. 1002 of 2024 loss of Rs.40,62,000/- to the complainant. Pursuant to the said incident, the complainant filed FIR in Crime No.61/2019 for offences punishable under Sections 34, 406, 420, 463 and 468 of IPC, which is currently pending in C.C. No.194/2023 before the I Additional Senior Civil Judge and CJM, Mysuru. Aggrieved by the same, the petitioners are before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 6. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.194/2023 arising out of Crime No.61/2019 on the file of I - 5 - HC-KAR NC: 2025:KHC:22693 CRL.P No. 1002 of 2024 Additional Senior Civil Judge and CJM, Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 6