- 1 - NC: 2025:KHC-D:671 CRL.P No. 101326 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101326 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: GANESH DASA AGE. 50 YEARS, OCC. GOVERNMENT SERVICE, R/O. GAJENDRAGAD, TQ. GAJENDRAGAD, DIST. GADAG-582114. …PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY GAJENDRAGAD PS., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH DHARWAD. 2. SHRI. IRAPPA S/O. SHANKRAPPA HOSUR AGE. 60 YEARS, OCC. GOVT. OFFICIAL GAZETTED, R/O. LINGASUR, TQ. JAMAKHANDI, DIST. BAGALKOT, NOW AT. RON PWD BUILDING, TQ. RON, DIST. GADAG-582209. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH FIR AND COMPLAINT FILED BY RESPONDENT NO.2 HEREIN WHICH IS REGISTERED BY GAJENDRAGAD POLICE UNDER PS CRIME NO.172/2021 DATED 06.10.2021 PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC, RON, GADAG DIST. FOR OFFENCES PUNISHABLE U/S 120B, 406, 408, 409, 417, 465, 468, 470, 471, 34 OF IPC IN SO FAR AS ACCUSED NO.33 THAT IS PETITIONER NO.1 HEREIN. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:49 +0530 - 2 - NC: 2025:KHC-D:671 CRL.P No. 101326 of 2024 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 petitioner/accused No.33 has been charge- sheeted for the offences punishable under Sections 120B, 406, 408, 409, 417, 465, 468, 470, 471 read with Section 34 of the Indian Penal Code, 1860 (IPC). 2. The case of the prosecution is that the subject property belongs to the Public Works Department (PWD), and several structures standing on the subject property belong to the PWD. The accused, in collusion with each other, allegedly entered into an agreement of sale in relation to the subject property. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate (AGA) for the respondent/State. 4. It is undisputed that a suit was filed against the Public Works Department seeking a declaration of title and possession of the subject property. Following the order of remand passed by this Court in RSA No.6210/2012, the dispute is pending consideration before the jurisdictional Civil Court. Subsequently, the impugned FIR was lodged. 5. A perusal of the agreement of sale reveals that, pending the suit between the owners and the PWD, and since the owners were not in possession, they entered into an agreement of - 3 - NC: 2025:KHC-D:671 CRL.P No. 101326 of 2024 sale to meet legal expenses, agreeing to part with 50% of the subject property in favour of intending purchasers. Merely because the parties entered into an agreement of sale does not, in itself, constitute the commission of the offences alleged against the petitioner. 6. To constitute an offence, there must be a specific allegation that from the date of entering into the agreement of sale, the intention of the petitioner was to deceive the PWD. In the absence of any such allegations, and since the agreement of sale executed between the accused has not caused any injury or loss to the PWD, the registration of the first information report against the petitioner for the aforesaid offences is without any substance. 7. Accordingly, the petition is allowed. The impugned FIR dated 6.11.2021, registered in Crime No.172/2021 by the Gajendragad Police Station, as against the petitioner/accused No.33 herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 7