- 1 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3195 OF 2024 BETWEEN: 1. MADHUSUDHAN N SON OF N NAGAIAH, AGED ABOUT 41 YEARS RESIDING AT NUMBER A88/155/2 I CROSS, CHIKKABEGUR, KONANAKUNTE POST, BENGALURU – 560 062. 2. C MUNENDRA SON OF (LATE) GOVINDAIAH, AGED ABOUT 48 YERAS, AND RESIDING AT 19-9-3/6 JAYANAGAR, THIRUPATHI, ANDRAPRADESH – 517 501. 3. SURESH SON OF NARAYANASWAMY, AGED ABOUT 47 YEARS, AND RESIDING AT CHANDRAPURA CHATRA KHANE, CHANDAPURA, ANEKAL TALUK, BENGALURU – 560 099. …PETITIONERS (BY SRI. ABHINAY Y T, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 AND: 1. STATE OF KARNATAKA BY AVALAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. RADHA R WIFE OF (LATE) S KRISHNAN, AGED ABOUT 71 YEARS, AND RESIDING AT NUMBER 130, 3RD CROSS, 3RD MAIN ROAD, 3RD PHASE, BASAVESHWARANAGAR BENGALURU – 560 079. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; SRI. DEEPAK S SARANGMATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.90 OF 2022, IN AVALAHALLY POLICE STATION, ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, FOR THE OFFENCE P/U/S 120B, 419, 420, 467, 468, 471 AND 464 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 ORAL ORDER The petitioners, who are accused Nos. 1 to 3, are challenging the registration of an FIR lodged against them by the Avalahalli Police Station for offences punishable under Sections 120-B, 419, 420, 467, 468, 471, and 464 of the Indian Penal Code (IPC). 2. The 2nd respondent filed the FIR alleging that she is the legally wedded wife of the deceased, S. Krishnan, who passed away intestate, leaving behind immovable properties. It is further alleged that accused No. 2, by impersonating the complainant, received compensation from the National Highway Authority of India (NHAI) concerning a portion of the property acquired for public purposes. According to the complainant, the petitioners/accused, in conspiracy with accused No. 2, fraudulently created a fabricated Will under which the petitioners are shown as beneficiaries. 3. The learned counsel for the petitioners contends that there is no substantial evidence to establish that the complainant is, in fact, the legally wedded wife of the deceased, S. Krishnan. It is brought to the Court’s notice that another - 4 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 woman, namely Smt. R. Radha, has filed a civil suit in O.S. No. 2146/2023, claiming to be the legally wedded wife of the deceased S. Krishnan and seeking a declaration and permanent injunction concerning the disputed properties. Therefore, there exists a serious dispute regarding the marital status of the complainant and her relationship with the deceased. The learned counsel argues that under these circumstances, allowing the investigation to continue would amount to an abuse of the process of law, particularly when the matter is already sub judice in a civil court. 4. In response, the learned High Court Government Pleader (HCGP) appearing for the respondent-State submits that the allegations made in the FIR clearly disclose the commission of cognizable offences. It is contended that the veracity of the allegations should be thoroughly investigated and that such allegations cannot be dismissed at the preliminary stage without a proper inquiry. 5. I have carefully considered the submissions made by the learned counsel for the petitioners and the learned HCGP representing the respondent-State. - 5 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 6. It is pertinent to note that the complainant, accused No. 2 (the alleged impersonator), and Smt. R. Radha, who is the plaintiff in O.S. No. 2146/2023, all claim to be the legally wedded wife of the deceased S. Krishnan. The aforementioned suit is currently pending consideration before the competent civil court, and the complainant has been arrayed as defendant No. 4 in that suit. 7. The fundamental issue regarding the marital status of the complainant—specifically, whether she is the legally wedded wife of the deceased S. Krishnan—is a matter pending adjudication in O.S. No. 2146/2023. This issue pertains to the determination of civil rights, which falls within the exclusive jurisdiction of the civil court. Such a matter cannot be resolved through a police investigation. 8. The dispute between the parties is essentially civil in nature. However, by attempting to give the matter a criminal dimension, it appears that the complainant is attempting to exert undue pressure on the petitioners to arrive at a settlement. In the absence of any credible evidence substantiating the allegations of criminal conspiracy, forgery, or - 6 - NC: 2025:KHC:12720 CRL.P No. 3195 of 2024 impersonation, the continuation of criminal proceedings against the petitioners would indeed constitute an abuse of the legal process. ORDER i. The petition is allowed. ii. The First Information Report in Cr.No.90/2022 registered by Avalahally police station against petitioners/accused Nos. 1 to 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JS List No.: 1 Sl No.: 61,3