- 1 - NC: 2025:KHC:2783 CRL.P No. 9317 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9317 OF 2023 BETWEEN: 1. SMT. NANJAMMA, W/O LATE KARIGULAIAH, AGED ABOUT 76 YEARS, R/O HULIYURUDURGA HOBLI, KUNIGAL TALUK, KAMPALAPURA, HULIYURUDURGA, TUMKUR DISTRICT, KARNATAKA - 572 123. 2. SRI. PRAKASH H.N., S/O LATE NANJUDAIAH, AGED ABOUT 39 YEARS, R/O. 205, P. H. HALLI VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, KAMPALAPURA, HULIYURDURGA, TUMKUR DISTRICT - 572 123. …PETITIONERS (BY SMT. VIJETHA R. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH MADIVALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA Digitally signed by MAMATHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2783 CRL.P No. 9317 of 2023 BENGALURU - 560 001. 2. M/S. RAMKY ESTATE AND FARMS LIMITED, NO. 25-30, 2ND CROSS, RAGHAVENDRA NAGAR, HENNUR RING ROAD, KALYANA NAGAR POST, BENGALURU - 560 043, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. A.V. BHASKAR REDDY, S/O A. KODANDARAMI REDDY. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED, BUT UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR AND COMPLIANT DATED 21.03.2022 IN CR.NO.46/2022 C.C.NO.20121/2022 ORDER OF COGNIZANCE DATED 10.06.2022 AGAINST THE PETITIONER PASSED BY THE 3RD ACMM BENGALURU AND ALL FURTHER PROCEEDINGS IN CR.NO.46/2022 REGISTERED BY THE RESPONDENT NO.1 MADIVALA POLICE AGAINST THE PETITIONER FOR OFFENCE P/U/S.419, 468, 471, 420 R/W SEC.34 OF IPC IN C.C.NO.20121/2022 PENDING ON THE FILE OF THE 3rd ADDITIONAL CMM COURT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2783 CRL.P No. 9317 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek quashing of the impugned proceedings in C.C.No.20121/2022 arising out of Crime No.46/2022 against the petitioners for offences punishable under Sections 419, 468, 471, 420 read with Section 34 of the IPC on the file of the III ACMM, Bengaluru. 2. Heard the learned counsel for the petitioners and the learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2 having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that on 21.03.2022, respondent No.2 lodged a complaint against one Suman N.P. - accused No.1 as well as petitioners-accused Nos.2 and 3 inter alia contending that the aforesaid accused No.1 had created and concocted a fraudulent GPA, on the basis of which the - 4 - NC: 2025:KHC:2783 CRL.P No. 9317 of 2023 said accused No.1 was said to have executed documents in favour of the petitioners herein. In pursuance of the said complaint, an FIR in Crime No.46/2022 having been registered by respondent No.1 police, charge sheet was filed against the petitioners as well as accused No.1 and the proceedings are pending in C.C.No.20121/2022 before the trial court. 5. A perusal of the material on record comprising of the complaint, FIR, statement of witnesses, charge sheet, documents etc., will indicate that all the allegations are primarily directed only against Suman.N.P. - accused No.1 and the petitioners herein are merely the beneficiaries of the documents who are alleged and said to have been fabricated and created by accused No.1. and no allegations are made against the petitioners as borne out from the material on record. It is also pertinent to note that in relation to the subject matter of the said document, civil proceedings in O.S.No.1/2019 were pending as on the date of the complaint. 6. In other words, in the absence of any material, so as to incriminate the petitioners-accused Nos.2 and 3 for commission of the alleged offences, which are primarily directed only against accused No.1, I am of the considered opinion that continuation of - 5 - NC: 2025:KHC:2783 CRL.P No. 9317 of 2023 the impugned proceedings qua the petitioners - accused Nos.2 and 3 would amount to abuse of the process of the law, warranting interference by this Court in the present petition, especially, when the dispute between the parties are essentially, predominately and overwhelmingly of a civil character/nature which has been converted and given a criminal texture by respondent No.2 - complainant and a suit was pending in O.S.No.1/2019 as on the date of the complaint and consequently, the impugned proceedings deserves to be to be quashed. 7. For the aforesaid reasons, the following: ORDER (i) Criminal petition is allowed; and (ii) The impugned proceedings in C.C.No.20121/2022 on the file of III ACMM, Bengaluru arising out of Crime No.46/2022, is hereby quashed qua the petitioners - accused Nos.2 and 3. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 10 CT: BHK