- 1 - NC: 2025:KHC-D:470 CRL.P No. 100536 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100536 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. NAGAPPA S/O. BASAPPA HARIHAR AGE. 76 YEARS, OCC. RETIRED, R/O. SAPTAPUR, TQ. AND DIST. DHARWAD-580001. …PETITIONER (BY SRI. I.Y.PATIL AND SRI. M.G.HOTTI, ADVOCATES) AND: SRI. NINGANAGOUDA S/O. SHIVAMURTEPPA BANGIGOUDAR, AGE. 56 YEARS, OCC. SERVICE, R/O. JAI BHEEM NILAYA, VEERA SOMESHWAR NAGAR, NEAR NEHRU NAGAR, DHARWAD-580007. …RESPONDENT (BY SRI. S.T.PATIL AND ROHIT S.PATIL, ADVOCATES) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO PASS AN ORDER TO QUASH ENTIRE CRIMINAL PROCEEDING INITIATED AGAINST THE PETITIONER/ACCUSED NO.1 IN CC NO.2502/2020 (PCR NO. 297/2017) FOR THE OFEENCE PUNISHABLE U/S 406, AND 420 OF IPC, WHICH IS PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT DHARWAD. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The cognizance taken by the learned Magistrate for the offences punishable under Sections 406 and 420 read with Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 05:30:53 +0530 - 2 - NC: 2025:KHC-D:470 CRL.P No. 100536 of 2023 Section 34 of the Indian Penal Code, 1860 (IPC) is challenged in this petition by accused No.1. 2. The respondent filed a private complaint under Section 200 of the Cr.P.C., alleging that Plot Nos. 63 and 72 in Block No. 114/2, measuring 4 acres in Kelageri, Dharwad City, were permanently leased to the complainant by accused Nos. 1 to 3 under an unregistered lease deed. It is further alleged that Block No. 114/2 belongs to Nandeppa, adopted son of Ulaveppa Bhavikatti, and accused No.1, as a GPA holder, executed the permanent lease deed. The complainant, having constructed a house on the plot, is residing there. However, accused Nos. 2 and 3, in collusion with accused No.1, filed a suit in OS No. 56/2007. In this suit, the parties entered into a compromise, including regarding Plot Nos. 63 and 72, and a compromise decree was passed. The complainant alleges that accused Nos. 2 and 3, at the instigation and in collusion with accused No.1, are attempting to dispossess him from the house and have threatened to damage his property and his life. 3. Accused No.2 had approached this Court in Crl.P.No.100707/2021, and this Court, by order dated 10.03.2022, quashed the proceedings concerning accused No.2, observing as follows: 4. To constitute an offence under Section 406 of IPC, there must be an allegation that the property entrusted to the accused was misappropriated. To constitute an offence under Section 420 of IPC, there must be a specific allegation of dishonest - 3 - NC: 2025:KHC-D:470 CRL.P No. 100536 of 2023 intention on the part of accused Nos. 1 and 2 to cheat the complainant, from the date of execution of the permanent lease deed in favor of the complainant. In this case, no such allegations exist to constitute offences under Sections 406 and 420 of IPC. 5. Furthermore, accused No.3 passed away in 2008, as evidenced by the death certificate produced at Annexure-G, while the complaint was filed in 2017, alleging that accused No.3 had threatened the complainant’s life and property. The allegations against a deceased person suggest malice and an abuse of the legal process. 6. Therefore, this petition must also be disposed of in line with the order passed in the aforesaid petition. Accordingly, the petition is allowed, and the impugned proceedings in CC No. 2502/2020 pending before the learned Principal Civil Judge and JMFC, Dharwad, insofar as it relates to petitioner/accused No.1, are hereby quashed. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:VH List No.: 1 Sl No.: 72