- 1 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10585 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MRS. MARY SWAPNA AGED ABOUT 38 YEARS, W/O CHRISTOS SOBERS. 2. MRS. RAJAINA AGED ABOUT 57 YEARS, W/O JOSEPH PATRIC, BOTH ARE RESIDING AT NO.25, 7TH CROSS, 19TH MAIN, MARIYANNANAPALYA, J.P. NAGAR 2ND PHASE, BENGALURU-560 078. …PETITIONERS (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASHOKNAGAR POLICE, BENGALURU, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. SMT. PRIYADARSHINI W/O ALEXANDER RAJESH KUMAR, AGED ABOUT 30 YEARS, R/AT NO.50, 10TH CROSS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 GAJENDRANAGAR, ANEPALYA, BENGALURU-56030. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; SMT. L. MANJULA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.50462/2022 (PCR.NO.51305/2020) ON THE FILE OF XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BENGALURU (IN CR.NO.63/2021 OF ASHOKNAGAR POLICE) FOR THE OFFENCE P/U/S 420, 504, 506 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of Cr.P.C., praying to quash the entire proceedings pending against the petitioners in C.C.No.50462/2022 on the file of the Court of 29th Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru. 2. A private complaint was filed by respondent No2 against accused Nos.1 to 4 alleging offences punishable under Section 420, 425, 465, 468, 506 of IPC. - 3 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 3. Learned Magistrate referred the complaint to Police for investigation and on completion of investigation, police have filed charge sheet against accused Nos.1 to 4 under Section 420, 504, 506 read with Section 34 of IPC. 4. It is averred that the complainant, engaged in the tailoring business, was approached by accused Nos. 1 to 4 in 2017, who claimed that they are running a provisional store and promised substantial profits if she invested in their business. Based on these assurances, the complainant pledged her gold ornaments at Muthoot Finance, took a loan of ₹4,00,000/-, added ₹2,00,000/- of her own funds, and handed over a total of ₹6,00,000/- to the accused. It is alleged that the accused were also running a chit scheme, and based on their fraudulent assurances, the complainant invested ₹4,20,000/- in the scheme and she was paying the monthly chit amount without any default. However, the accused failed to return the chit amount. Further, the complainant collected ₹4,00,000/- from CW.2 and 2.5 lakhs from CW.3 and gave - 4 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 these amounts to the accused, who only returned ₹1.5 lakhs. Futhermore the complainant was promised a loan on the agreement of sale of two sites to which she had paid 2,00,000/- to the landlord, and original documents were received. When the complainant demanded to return the same, the accused threatened to take her life. On 31/05/2019, the accused executed hand loan agreements in favor of the complainant and CW.2, promising to return the amounts within a week. However, the accused failed to return any amount and, when requested, threatened the complainant with dire consequences. 5. It is alleged that with an intention to commit fraud and mischief, accused received a sum of Rs.11,00,000/- and Rs.4,20,000/- chit amount and original sale agreement from the complainant and cheated her. 6. It is the contention of the learned counsel that petitioners named as accused Nos.2 and 4 have nothing to do with the alleged transaction. They are the sister and - 5 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 mother of accused No.1 and the entire transactions were between the complainant and accused No.1. He contended, a civil suit was also filed by the complainant against the accused No.1 and therefore, the dispute which is purely civil in nature has been given a colour of criminal offence. 7. Police have filed charge sheet against accused Nos.1 to 4, after thorough investigation. As per charge sheet allegations, all the accused approached the complainant and induced him to invest money. Some amount was deposited to the account of accused No.2 in HDFC Bank account number through cheques. At this stage, no grounds are made to quash the entire proceedings. 8. Learned counsel submits that the matter is listed before the Trial for framing of charges. 9. Petitioners are at liberty to file necessary application seeking discharge before the Trial Court, if charges are not already framed. If any such application is - 6 - NC: 2025:KHC:5122 CRL.P No. 10585 of 2022 filed, the learned Magistrate shall consider and dispose of the same in accordance with law. 10. Petition is dismissed, keeping open all the contentions. 11. I.A.No.1/2022 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 3