- 1 - NC: 2025:KHC:4937 WP No. 26978 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26978 OF 2024 (GM-RES) BETWEEN: 1. VEERABHADREGOWDA T.H, S/O HIRANNAIAH, AGED ABOUT 63 YEARS, RESIDING AT TERNAHALLI VILLAGE, SRINIVASAPURA TALUK, KOALR DISTRICT-563 135. 2. SHANTHAMMA, W/O VEERABHADREGOWDA, AGED ABOUT 53 YEARS, RESIDING AT TERNAHALLI VILLAGE, SRINIVASAPURA TALUK, KOALR DISTRICT-563 135. …PETITIONERS (BY SRI. SAMPATH A, ADVOCATE) AND: 1. STATE BY SRINIVASAPURA POLICE STATION, MULBAGAL SUB-DIVISION, KOLAR, REPRESENTED BY LEARNED S.P.P HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. VEERABHADREGOWDA T.V, S/O LATE VEERABHADRAIAH M, AGED ABOUT 52 YEARS, RESIDING AT TERNAHALLI VILLAGE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4937 WP No. 26978 of 2024 SRINIVASAPURA TALUK, KOALR DISTRICT-563 135. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; SRI. SANMUKH REDDY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO. 249/2024 DTD 27.07.2024 REGISTERED BY THE R-1 - SRINIVASAPURA POLICE FOR THE OFFENCES PUNISHABLE UNDER SEC 419, 420, 465, 467, 468 AND 34 OF I.P.C AT ANNEXURE-A BE QUASHED IN SO FAR AS PETITIONERS (ACCUSED NO. 1 AND 6) ARE CONCERNED PENDING ON THE FILE OF PRL. CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C COURT, SRINIVASAPURA, KOLAR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek for following reliefs: a) Issue to Writ in the nature of certiorari quashing the FIR in Crime No.249/2024 dated 27.07.2024 registered by the Respondent No.1 - Srinivasapura Police for the offences punishable under Section 419, 420, 465, 467, 468 and 34 of IPC at Annexure-A be quashed in so far as Petitioners (Accused No.1 and 6) are concerned pending on the file of Principal Civil Judge (Junior - 3 - NC: 2025:KHC:4937 WP No. 26978 of 2024 Division) And JMFC Court, Srinivasapura, Kolar District. b) Pass such other order or further orders as this Hon'ble Court deems fit. In the facts and circumstances of the above case, in the interest of justice and equity. 2. Heard the learned counsel for the petitioners and learned counsel for respondent No.2-complainant and perused the material on record. 3. A perusal of the material on record indicates that pursuant to complaint given, the complaint dated 27.07.2024 lodged by respondent No.2-complainant against petitioner No.1-accused No.1 and petitioner No.2- accused No.6 who is none other than the wife of petitioner No.1, the first respondent registered a FIR in Crime No.249/2024 dated 27.07.2024 which is assailed in the present petition. 4. Learned counsel for the petitioner submits that apart from the fact that no allegations whatsoever are - 4 - NC: 2025:KHC:4937 WP No. 26978 of 2024 made against petitioner No.2-accused No.6, the impugned complaint also does not make out any allegation against petitioner No.1 and as such, the impugned proceedings to qua both the petitioners deserved to be quashed. 5. Per contra, learned counsel for respondent No.2 would submit that there is no merit in the petition and same is liable to be dismissed. 6. A perusal of the impugned complaint dated 27.07.2024 indicates that there are no allegations made as against petitioner No.2-accused No.6 only stating that petitioner No.1-accused No.1 had executed a gift deed dated 13.03.2024 in her favour. 7. Under these circumstances, I am of the view that continuation of proceedings for petitioner No.2- accused No.6 would amount to abuse of process of law and the same deserves to be quashed. 8. Insofar as petitioner No.1-accused No.1 is concerned, the submission of the learned counsel for the - 5 - NC: 2025:KHC:4937 WP No. 26978 of 2024 petitioners that petition may be disposed of reserving liberty in favour of the petitioner to approach this Court subsequently after filing of the charge sheet is placed on record and the petition stands disposed off accordingly. 9. In the result, I pass the following: ORDER (i) The petition is hereby partly allowed. (ii) The impugned complaint in FIR dated 27.07.2024 is quashed insofar as petitioner No.2-accused No.6 is concerned. (iii) Liberty is reserved in favour of petitioner No.1-accused No.1 to take recourse to such remedies as available in law if charge sheet is filed. (iv) The respondent No.1 is directed to complete the investigation and file a final report as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS List No.: 1 Sl No.: 32