- 1 - NC: 2025:KHC:2487 CRL.P No. 10454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO.10454 OF 2024 (482(Cr.PC)/ 528(BNSS)) BETWEEN: SMT. SUMA, W/O. YADUNANDANA, AGED ABOUT 38 YEARS, R/AT. NEAR DOOMAVTHI TEMPLE, HOIGE BAZAR, MANGALURU, D.K. DISTRICT-575 001. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MANGALURU SOUTH PS, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. JAYAKUMAR S/O. KRISHNAPPA, AGED ABOUT 75 YEARS, R/AT. NEAR VISHWAKARMA WOOD INDUSTRIES, RAM KIRODIAN LANE, ASHOKNAGARA, MANGALURU, D.K. DISTRICT. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; NOTICE TO R2 IS SERVED) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC:2487 CRL.P No. 10454 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.92/2018 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALORE D.K. DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER 406, 417, 418, 419, 420, 465, 467, 471, 120B OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: “To quash the entire proceedings in C.C. No.92/2018 on the file of II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangalore D.K. District for the alleged offences punishable under 406, 417, 418, 419, 420, 465, 467, 471, 120B of IPC and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice”. 2. The petitioner is accused No.10 in CC No.92/2018 pending on the file of the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangalore, D.K. District. The said proceedings have been initiated for the offences punishable under - 3 - NC: 2025:KHC:2487 CRL.P No. 10454 of 2024 Sections 406, 417, 418, 419, 420, 465, 467, 471 and 120B of Indian Penal Code (for short ‘IPC’). 3. The only allegation, which has been made against the petitioner, who is accused No.10, both in the complaint as also in the charge-sheet is that she signed the General Power of Attorney and settlement deed executed by the other accused as an attesting witness. She is stated to be the wife of accused No.5, who is the Advocate and she working along with him in his office at his request, has attested the General Power of Attorney and the settlement deed. 4. A perusal of the entire charge-sheet, does not indicate any particular motive and or benefit that accused No.10 has received from attesting the GPA and or the settlement deed. She having been called upon only to attest the signature, there is no other allegations, which have been made against the petitioner. - 4 - NC: 2025:KHC:2487 CRL.P No. 10454 of 2024 5. In that view of the matter, I pass following; ORDER i) Criminal Petition is allowed. ii) The proceedings in CC No.92/2018 pending before II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangalore, D.K. District insofar as the petitioner/accused No.10 is concerned is quashed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 19 Sl No.: 6