- 1 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2438 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: GLADYS D ALMEIDA W/O LATE EVEREST PERIERA, AGED ABOUT 44 YEARS, R/AT FLAT NO.601, CONCORDE APARTMENTS, FALNIR ROAD, HAMPANKATTE, MANGALORE CITY – 575 001 …PETITIONER (BY SRI. A. RAVISHANKAR, ADV. FOR SRI. RAKESH KINI, ADV.) AND: 1. THE STATE OF KARNATAKA BY MANGALORE NORTH P. S. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BANGALORE DISTRICT, HIGH COURT BUILDINGS, BENGALURU – 560 001 2. CARMELINE PEREIRA W/O LATE EVEREST PERIERA AGED ABOUT 68 YEARS, R/AT C-3, FLAT NO.6, KHIRA NAGAR, SANTA CRUZ, MUMBAI, MAHARASHTRA – 400 054 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1; SRI. CYRIL PRASAD PAIS, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY MANGALURU NORTH P.S., IN CR.NO.47/2018 ON 29.03.2018 AGAINST THE PETITIONER IN R Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 RESPECT OF OFFENCE PUNISHABLE UNDER SECTION 406, 420, 465, 467, 468, 471, 34 OF IPC PENDING ON THE FILE OF THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU CITY. THIS PETITION IS BEING HEARD AND RESERVED ON 24.03..2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CAV ORDER In this petition, the petitioner-accused No.1 seeks quashing of the impugned complaint and FIR registered in Crime No.47/2018 dated 29.03.2018 against the petitioner and other accused persons for the offences punishable under Sections 406, 420, 465, 467, 468, 471 r/w Section 34 of IPC and for other reliefs. 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent as well as learned counsel for respondent No.2 and perused the material on record. 3. Brief facts giving rise to the present petition are as under: The respondent No.2 filed the instant complaint against the petitioner-accused No.1 and other accused persons inter alia contending that she got married to one Everest Pereira on 22.10.1975 and they have two children from out of their wedlock. It was contended that her husband Everest Pereira was murdered on - 3 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 14.09.2005, subsequent to which the petitioner-accused No.1, along with other accused persons committed the alleged offences, as a result of which, the complainant filed the instant complaint against them. In this context, the aforesaid complaint filed by respondent No.2 – de facto complainant reads as under: “From: Date: 10.02.2018 Mrs. Carmeline Pereira Place: Mangaluru W/o. Late Everest Pereira C-3, Flat No-6, Khira Nagar Santa Cruz, West Mumbai-400054 Maharashtra To. 1) The Commissioner of Police Police Commisserate A.B.shetty Circle Mangaluru 2) The Inspector of Police Mangalore North Police station Bunder Mangaluru Sir, Complaint against :- 1) Gladys D"Almeida Flat no.601, Concorde Apartments, Falnir Road, Hampankatta, Mangalore- 575001 2) A.T.Rodrigues W/o, Olvin Henry Rodrigues, 1st floor, Shanti Kendra; Opp: Fathima Retreat House, Jeppu , Mangalore 575002. 3) Olvin Henry Rodrigues, 1st floor, Shanti Kendra, Opp: Fathima Retreat House, Jeppu, Mangalore – 575 001 - 4 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 4) Pallavi Sawant, Branch Manager, LIC Mutual fund No.4.,Canara Mutual Building, Opposite Cash Pharmacy, Residency Road, Richmond Town, Bengaluru.560002 (the then Assistant Manager, Bangalore Area office, LIC Mutual fund 10A, 3rd floor. Chandrakiran building, Katurba Raod, Bengaluru.560001 5) Krishna, Area Manager, LIC Mutual fund Area Office, 10A, 3rd floor. Chandrakiran building, Katurba Raod, Bengaluru.560001. 6) The Manager, M/s Karvy MFS, official/Registrars for LIC Mutual Funds, Bangalore 7) Jayashree M/s Karvy MFS, official/Registrars for LIC Mutual Funds, Kodialbail, Mangalore- 575003. 8) The Manager, LIC Mutual fund, Popular Building, K.S.Rao Road Mangaluru. 9) The Manager, state Bank of India, kankanady Branch, Fr. Muller Road, Mangaluru. 11) The branch Manager, Syndicate Bank, Puttur Main branch 12) The Chief Manager, Syndicate Bank, Kankanady branch. 13) Anil pinto, Red Building lane, KANAPADAK, Kankanady Post, Mangaluru-575002. 14) Micheal Lawrence D'Almeida, Prem Nivas, Darbe Puttur, 574202. Sub: Rs.3.4 Crores in five folios invested by my husband, Everest Pereira into LIC Mutual Fund was embezzled by Gladys D'Almeida in collusion with LIC Mutual fund, Karvy officials and others within a week after the death of my husband. The name of my husband, Everest Pereira's who was the investor's in five folios, was requested to be transferred by a letter dated.. 20.9.2005. Using different names, Gladis D'Almeida, has played fraud on officials and duped them without any body raising an eyebrow. When changes in the said folios which has the investor's name, no changes, should have been made, particularly after the death of the an investor. But changes in name was illegally and fraudulently carried - 5 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 out, and in the name of Gladis Pereira who embezzeled the entire amount, without the knowledge of me and my children, who are the legal heirs of my husband, Everest Pereira. I and my two children are joint holders and nominees in the above said folios but my name and my children name, who are nominees were deleted and names as per request of Gladis Pereira was included. I, Carmeline Pereira and Everest Pereira got married in Mumbai on 22.10.1975. We have a son by name Agnello Everest Pereira (aged 39 years) and a Daughter by name Angela Everest Pereira (aged 36 years). On 14.09.2005 my husband, Everest Pereira was murdered, in a flat in Royal Residency, Vas Lane, Balmatta, Mangalore. I and my children as legal heirs of Everest Pereira were given to understand, that within a week after the death of my husband Everest Pereira, that is on 20.9.2005, Rs.3.4 Crores of investment made my husband, Everest Pereira in five folios nos. 5024130676, 5024130681, 5024130701, 5024130712, 5024130692 in LIC Mutual fund was embezzeled by Gladys Almedia in collusion with LIC and M/s karvy official and others. The transaction slips, issued by LIC Mutual Fund, which stands in the name of Everest Pereira, can be signed only by him, but the same was signed fraudulently by Gladis Pereira and presented to. LIC Mutual fund, which was blindly accepted by its officials and processed further. It was confirmed then, that the reason for death of my husband was murder for gains. A week after the death of my husband, that is on 20.09.2005, Gladis D'Almeida had mentioned her name as Mrs.Gladis Celine Pereira Nee D'Almeida and wrote a letter to the Manager, LIC Mutual fund, Bangalore dated., 20.09.2005 and had falsely stated, that my husband Everest Pereira as her husband and that he expired on 14th September 2005. Gladis D'Almeida knowing fully well, that Everest Pereira is my husband, had falsely mentioned him as her husband, only with an Ulterior motive to play fraud and embezzele the entire amount and had sought transfer to her name, of Rs.3,37,05,480.03, invested by my husband Everest Pereira in five folios nos. 5024130676, 5024130681, 5024130701, 5024130712, 5024130692. In the said letter she also request for changes of her address, bank details and nominations in the said five folios. In the same letter, she - 6 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 mentioned change of address and states her name as Gladys Celine DAlmeida, Prem Nivas Near CTO, Darbe Puttur. Also in the said letter, she has mentioned her bank details as, State Bank of India, SB account No. 1039161200- 4, Kankanady branch, Mangalore. Further in that said letter she has requested for nomination of Ronaldo Pereira (minor) for whom the guardian is Fr. Michael Lawrence D'almeida, who is not a legal guardian. Further the said letter is signed by Gladis D'Almeida as Gladis Pereira. In the same letter dated 20.9.2005 she has stated that her husband Everest Pereira died, and the Original Death Certificate of his enclosed, which too, she has fraudulently obtained along with LIC Transaction slips issued in the name of Everest Pereira, which Gladis D'Almeida, has signed as Gladis Pereira. Known by the name in cases pending against her before many court, she is known as Gladis DAlmeida but in this said, letter dated 20.9.2005, to LIC Mutual fund, she has mentioned her name as Mrs.Gladis Celine Pereira Nee D'Almeida, and mentioned two other names, as Gladys Celine DAlmeida, and signed as Gladis Pereira. Further, her name maintained in the SBI bank is Glady Celina D'Almeida, but signs as Gladis D'Almeida. In all, she is known in five different names which knowingly, courts, LIC Mutual fund, M/s. Karvy and Bank officials, have strangely accepted more than one name. Gladis D'Almeida has been using different name at different times and also signing by using different name and has duped people. On 23rd July 2005, Gladis D'Almeida has purchased a flat 601, in sixth floor of Gladia Concorde Apartment, on Falnir Road, Mangalore and said resigtered document for purchase of the said property she has sign as D'Almeida. In the said purchase document, her address is mentioned as, Gladis D'Almeida aged 30, years, D/o. Mr.Martin D'Almeida, Moon light, near Nisarga health centre, Darbe post Puttur. She has also been mentioning different addresses where, in the said letter dated 20.9.2005 to LIC Mutual fund, she mentions her address as Gladys Celine DAlmeida. Prem Nivas Near CTO, Darbe Puttur. In the transaction slip of Everest Pereira issued by LIC Mutual fund she has signed as Gladis Pereira, but the bank cheques in - 7 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 the State Bank of India, Kankanady branch, Mangalore is signed as Gladis D'Almeida, t The above request letter dated 20.09.2005 of Gladis Celine Pereira Nee D'Almeida was recommended by an agent name A.T.Rodrigues (Adelia T.Rodrigues) Code no. CA00418 of LIC Mutual fund, is the wife of LIC agent, Olvin Henry Rodrigues, the agent Code no.ARN 8958 and financial advisor of Everest Pereira. A.T.Rodrigues (Adelia T.Rodrigues) and Olvin Henry Rodrigues address is 1st floor, Shanti Kendra, Opp: Fathima Retreat House, Jeppu, Mangalore. Adelia T.Rodrigues while recommending the above letter of Gladis Celine Pereira Nee D'Almeida dt 20.09.2005, has mentioned her name as Mrs Gladis Pereira to M/s Karvy computers Share and yet it has been accepted. In the recommendation letter A.T.Rodrigues as mentioned, that investments made in the name of Everest Pereira and requested to process the transaction at the earliest. According to the LIC officials since the folio was generated from 22.07.2004 there are many lateral shift in and shift outs done in all the folios. It is pertinent to mention that the lateral shift in and shift out has been done for the sole purpose of earning commission by the agent Olvin Henry Rodrigues Code no.ARN 8958. Also these lateral shift in and shift out, transactions must be hand work of the agent without the knowledge or and forged signature of the investor Everest Pereira. Solely within an intention to do transaction at the back of investor. Everest Pereira, the LIC Mutual fund agent, Olvin Henry Rodrigues, with a motive to play fraud has changed the address of investor, Everest Pereira, C/o. Anil Pinto, AMSAR, Red Building lane, Kankanady Post, Mangalore 575002 on 01.09.2004. Anil Pinto is the employee of LIC Mutual fund agent, Olvin Henry Rodrigues, The address given at the time of investment into LIC Mutual fund in Five folios, was Moonlight, near Nisarge health centre, Darbe Puttur. For the changes to be made in th address of the investor, a requisition has to be given by the investor, but I believe has been given with a forged signature of my husband Everest Pereira. When Olvin Henry Rodrigues the agent and financial advisor of Everest Pereira is very much alive and present, where is the necessity of wife, A.T.Rodrigues (Adelia T.Rodrigues) recommending the letter of Gladis Celine - 8 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 Pereira Nee D'Almeida for transfer of Funds standing in the name of Everest Pereira. LIC Mutual fund officials look like they were also in collusion with Gladys, and it was a pre- planned act by first changing the name of the investor Everest Pereira to Gladis Pereira (intension of change in unit holder name was to wipe out the details pertaining to Everest Pereira, name of holders and his nominated details) and immediately after the change of unit holder proceeded with the redemption of funds without any hurdles as desired by Gladys to her SB account. A letter-Inter office Memo from Jayashree of M/s Karvy, Mangalore dated 20.9.2005 to Ms.Padma/Mr.B.S.Divakar, MFS-Hyderabad states that enclosed is the request letter, for change in the mode of holdings due to the death of first holder and change in the address and bank details mentioning Folio nos.5024130712, 5024130692, 5024130681, 5024130701, 5024130676. The very next day itself, that is on 21.09.2005, Pallavi Sawant, Assistant Manager, Area office, LIC Mutual Fund Bangalore writes a letter to The Branch manager, KARVY MFS, Bangalore mentioning "Very Important" on the letter directing for necessary change of name of the Unit holder to Gladis Pereira under all the folio nos mentioned in the letter. Now it is pertinent to mention, that in the letter to, the Manager, LIC Mutual fund, Bangalore on 20.09.2005, was made by one Gladis Celine Pereira Nee D'Almeida. But in the letter written by Pallavi Sawant to The Branch manager, KARVY MFS, Bangalore on 21.09.2005, she mentions, that, enclosed the death certificate, pertaining to Shri Everest Pereira. You are required to change name of the unit holder to Gladis Pereira. Without questioning the change in name, and the name spelt, the Assistant Manager of LIC Mutal fund herself mentions a different name of the unit holder to be changed to Gladis Pereira. M/s Karvy, Bangalore carried out the changes on 23.09.2005 and 24.09.2005 and as per the direction of Pallavi Sawant the delivery of folios was done to the Bangalore Area Office. From Bangalore Area Office Pallavi Sawant, Assistant Manager handed over the new folios (after the change in unit holder name) on 25.09.2005 (note this day being Sunday) to Gladys, On 27.09.2005, Gladys has made a redemption of all five folios in LIC Mutual Fund, Mangalore office. Next day on - 9 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 28.09.2005 transfer of funds had taken place to Gladys SB account with the help and knowledge of Olvin Henry Rodrigues the agent. This proves that Pallavi Sawant, the then Assistant Manager, of LIC Mutual fund, Area office, Bangalore, A.T.Rodrigues, Chartered Accountant and LIC Mutual Fund agent and wife of Olvin Henry Rodrigues, Chartered Accountant and LIC Mutual fund agent for Everest Pereira and Gladis Pereira (Gladis DAlmeida) knew each other, and in nexus with each other, have fraudulently enabled the transfer of Rs.3,37,05,480.03 to the bank account as requested by Gladis Celine Pereira Nee D'Almeida. It is important to note that when, transaction slips can be presented in Mangalore, the Chartered Account and LIC Mutual fund agents A.T. Rodrigues and Olvin Henry Rodrigues have found a source in Pallavi Sawant, Assistant Manger Area office, LIC Mutual fund, Bangalore to process the transfer within ten days in an illegal manner, and hence they have address a letter to, Manager, LIC Mutual fund, Bangalore and the agent wife has address a recommendation letter to The Manager, Karvy Computershare Pvt Ltd, Mangalore. When investment is made by Everest Pereira and after his death, who had approached 4.T.Rodrigues, the Chartered Account who was not an LIC Mutual fund agent for Everest Pereira. Legally a folio which stands in investor's name and folio number remains the same after the death of the investor. Request for change in name or bank details or nominee, can be done only with the request of the investor. After the death of investor, no change is done in the existing folio, and automatically a new folio number has to be generated before any further transaction. But in the above case name change is done and folio numbers is strangely retained and all this has taken place after the death of the investor Everest Pereira. The legal procedure for transfer of the folios have not been done as per the norms by the LIC Mutual Fund officials. It found from the documents that Everst Pereira from his Syndicate Bank, Puttur SB A/c no.35536 and Kankanady Branch, SB A/c no. 35892 that several transaction has taken place between his account and LIC Mutual fund. Funds from LIC mutual fund too have been deposited to Everest Pereira's Account. Both the transactions have been suppressed and such manupilated statement of account of - 10 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 Everest Pereira was produced to court. Even in the Fixed Deposit account manupilation have been made and transferred. Some of the papers obtained about financial investments and transactions of Everest Pereira, indicated that he had invested in LIC Mutual Funds in the year of 2003 in the month of November onwards in 48 Folios, and ended up consolidation into five folio numbers 5024130676, 5024130681, 5024130701, 5024130712, 5024130692 and the mode of holdings were joint (four of them) and nominees were, Carmeline Pereira (Wife), Agnello Everest Pereira (son), Angela Everest Pereira (daughter). After the death of Everest Pereira, the amount should have been automatically transferred to the nominees and new folio numbers should have been generated of after the redemption, the amount 3,37,05,480.03 should go back to Syndicate bank, account no.35892, at Puttur, according to investment details Everest Pereira. After redemption, LIC Mutual fund have issued five cheques to Gladis Pereira by cheque nos, 031567, for Rs. 76.91.126/-was credit into Glady Celine D'Almeida account no. 10391612004 on 1.10.2005. Following are the cheque nos.031733 for Rs.72,14,735/-, Cheque no 031735 for Rs. 72,95,769/-, Cheque no.031734 for Rs.25,94,985/-, Cheque no.031732 for Rs.70.08.863/-that have been received by bank and in Fixed deposit, because the State Bank of India. deposited Kankanady branch had objected to the change in name. Hence the bank had conditionally accepted the above mentioned cheques only if invested into Fixed deposits. Specifically to deposit the embezzled LIC Mutual fund of Everest Pereira, the account no.01190/010095 of Glady Celine D'Almeida was opened on 21.6.2006 with a cash amount of Rs.1000/- and the account was closed on 27.1.2006. Again Glady Celine D'Almeida has opened an account no. 10391612004 in the SBI Bank, Kankandy on 20/8/2005 with a carried forward amount of Rs.55 from the previous account mentioned above. Transactions in this bank will reveal as to whom funds paid and if investigated will reveal for what the payments have been made. I and my children are the legal heirs of Everest Pereira. Also I have come to know the actual reason for denying the information is that unreasonable changes have been made in date, name and nominee details, and mode of - 11 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 holding details in the system, making it difficult to find the actual facts presently. The Audit Trail report from LIC Mutual fund official from Mumbai will nail the truth, and reveal the actual investor as Everest Pereira and how manipulation has been done in the LIC Mutual fund system, after receiving the request letter of Gladis Pereira dated 20.9.2005 to the Manager, LIC Mutual Fund, Bangalore for transfer of the investment in the name of Everest Pereira to her name. Following are the manipulated transaction reference numbers 135924,135742, 135743,135744, 135746, 135747,135748, of the folio no.5024130701, 2) 135737,135738,135739,135923,135741,135756 of 135735,135736, the folio no.5024130681. 3) 135926, 135749,135750,135751,135753, 135754, 135755 of folio no.5024130692 4) 135990, 135925, 135728, 135729,135730,135731, 135732,135734 of folio no. 5024130712.5) 137097,135922,135757,135758, 135759,135760,135762,135763 of folio no.5024130676. According to the letter of Pallavi Sawant, the then Assistant Manager, Area Office, LIC Mutual fund Bangalore, to the branch Manager, M/s Karvy MFS Bangalore, all the manipulations have been done including the deletion of nominees and joint holders as mentioned by Everest Pereira. More important are the statement dated 27.12.2014 made by advocate Advocate Asha Nayak before the police in the Private Complaint no.61/2014 made by the Sheristedar of Principal Civil (SR) and CJM Court, Mangalore and FIR no.211 of 2014 registered in the Mangalore North Police station. She states, that the involvement of Chartered Accountant and Bank officials and also states that one Church Fr. Ronald D'Souza informed her about the financial transaction about LIC Mutual fund. It is requested an FIR to be registered, against all the above named persons against whom this complaint is made and thorough investigation has to be done to bring to book all those who have colluded along with Gladis D'Almeida in embezzlement of Rs.3,37,05,480.03 invested by my husband Everest Pereira. Also the LIC Mutual fund officials have suppressed and hidden the Original purchase applications and Original folio numbers 5024130676, 5024130681, 5024130701, 5024130712, 5024130692 which stood in the name of my husband Everest Pereira who is the lone investor.” - 12 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 The impugned FIR reads as under: <F ¥ÀæPÀgÀtzÀ ¸ÁgÁA±ÀªÉãÉAzÀgÉ ¦AiÀiÁð¢zÁgÀgÀ UÀAqÀ JªÀgɸïÖ ¦gÉÃgÁ gÀªÀgÀÄ J¯ï.L.¹ ªÀÄÆåZÀĪÀ¯ï ¥sÀAqï £À°è LzÀÄ Folio UÀ¼À£ÀÄß ºÉÆA¢zÀÄÝ Folio UÀ¼ÁzÀ NOS 5024130676, 5024130681, 5024130701, 5024130712, 5024130692 £ÉÃzÀgÀ°è 3,375480.03 gÀÆ ºÀtªÀ£ÀÄß ºÀÆrPÉ ªÀiÁrzÀÄÝ, JªÀgɸïÖ ¦gÉÃgÁgÀªÀgÀÄ ¢£ÁAPÀ 20-09-2005 gÀAzÀÄ ªÀÄgÀt ºÉÆA¢zÀ £ÀAvÀgÀ MAzÀ£Éà DgÉÆæAiÀÄÄ ªÀÄÈvÀgÀ ¸À¢æ ºÀÆrPÉ ºÀtªÀ£ÀÄß J¯ï.L.¹ ªÀÄÆåZÀĪÀ¯ï ¥sÀAqï ¤AzÀ ªÀÄÈvÀ JªÀgɸïÖ ¦gÉÃgÁ gÀªÀgÀ £ÀPÀ° ¸À»UÀ¼À£ÀÄß ªÀiÁr ºÀtªÀ£ÀÄß vÀ£ÀßzÁV¹PÉƼÀÄîªÀgÉÃ, DgÉÆæUÀ¼ÁzÀ 2 jAzÀ 13 £ÉÃAiÀĪÀgÉÆÃA¢UÉ ¸ÉÃjPÉÆAqÀÄ ¦AiÀiÁð¢zÁgÀjUÉ £ÀA©PÉ zÉÆæúÀ, ªÀAZÀ£É, J¸ÀVgÀĪÀÅzÁVzÉ JA©vÁå¢.= 4. A perusal of the impugned complaint and the FIR will indicate that it is specifically alleged that the petitioner, in collusion with the remaining accused persons, had embezzled a sum of Rs.3.4 Crores invested by the aforesaid Everest Pereira in LIC Mutual Funds illegally and fraudulently without the knowledge of the complainant and her children, who are the legal heirs of the aforesaid Everest Pereira. In this regard, it is relevant to state that immediately upon the demise of the aforesaid Everest Pereira, respondent No.2 filed a private complaint in PCR No.65/2015 which was taken cognizance of by the Trial Court in C.C. No.214/2005 for the offences punishable under Sections 494 and 498A of IPC against the petitioners and others. By final order dated 06.06.2008, this Court in Crl.P.No.291/2006 quashed the aforesaid - 13 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 proceedings in C.C.No.214/2005 initiated by the 2nd respondent against the petitioner and others. 5. Subsequently, on 15.10.2007, respondent No.2-de facto complainant filed a suit in O.S.No.50/2007 re-numbered as O.S. No.593/2007 and again re-numbered as O.S.No.170/2016 seeking declaration that she alone was entitled to the money belonging to Everest Pereira invested in RBI, Head office at Mumbai; RBI Regional office Bangalore, Karnataka Bank and State Bank of India, who were arraigned as defendants No.2 to 5 respectively in the said suit, in which the petitioner herein was arraigned as defendant No.1. It is a matter of record and an undisputed fact that the said suit is still pending adjudication between the parties. A perusal of the plaint averments will clearly indicate that the allegations made by the 2nd respondent – de facto complainant in the impugned complaint had already been urged by her in the complaint as long back as on 15.10.2007 in the aforesaid suit in O.S.No.170/2016 referred to supra. The respondent No.2 had specifically contended that the petitioner herein had embezzled and misappropriated money of late Everest Pereira, as could be seen from the aforesaid plaint which is as under: - 14 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 “PLAINT UNDER SECTION 26 ORDER VII RULES 1 AND 2 OF CIVIL PROCEEDURE CODE, 1908 The Plaintiff named above most respectfully submits as follows: That the address of the Plaintiffs for the purpose of service of all notices and process from this Hon’ble Court shall be that of their Advocate Sri K.S. Sharma, No.19, II Floor, Manar Mansion, Balmatta Road, Hampankatta, Mangalore-1. That the address of the defendants for the purpose of service of all notices and process from this Hon'ble Court shall be the same mentioned in the cause title. III. a) The plaintiff No.1 is the legally wedded wife, the plaintiffs No.2 & 3 are the children of children of Late Everest Pereira. The marriage of plaintiff No.1 with Late Everest Pereira was solemnized on 22-10-1975 at Holy Cross Church, Juhu Thara Mumbai, according to the customs and traditions prevailing in Indian Catholic Christian community. The plaintiffs No.2 and 3 were born to the plaintiff No.1 and Mr. Everest Pereira in their wed- lock. b) The plaintiffs were living together in Mumbai till 1998 at the address stated in the cause title above. Mr. Late Everest Persira had worked in Gulf countries for some years and later he shifted to France to work as a seaman in Yacht for private company for a period of twenty years ie, till 2000. He had earned nearly Rs 4,00,00,000/- (Rupees Four Crores) only from his employment and he - 15 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 used to deposi his money in N.R.I. Account in State Bank of India, Juhu Road, Santhacruz West Mumbai and ANZ Gindlays Bank, 65F, Vittal Bhai Patel Road, Santhacruz West Mumbai. c) The plaintiffs further submit that Late Everest Pereira is said to have met the 1" defendant in France somewhere in the year 1997-98 and both of them developed mutual intimacy with each other and which has resulted finally in illegal and bigamous marriage between them on 28-10-1998 under Special Marriage Act in the office of Marriage Officer, Mangalore Taluk, D.K., thereby both of them have committed an offence of bigamy punishable under the provisions of Indian Penal Code. The plaintiffs have come to know the solemnization of marriage Mr. Everest Pereira with the 1" defendant without dissolving his prior marriage with plaintiff No.1 only in the month of September, 2005 authentically when she obtained the certified copy of the marriage from the office of marriage officer, Mangalore in pursuance of the claim of the 1" defendant as illegally wedded wife of Everest Perera, during his funeral. The plaintiffs further submit that, because of ill advice and constant mind poisoning exercise administered on Everest Pereira by the defendant No.1, he has started neglecting plaintiffs in each and every respect and started living with her at “Prem Nivas", Darbe, Puttur i.e the house of the mother of the defendant No.1. Later he had purchased the property at Puttur and constructed a huge bungalow bearing Door No.-111/10, Moon Light, Next to - 16 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 Nisarga Heath Clinic, Darbe, Puttur, D.K. and he got transferred all his money lying in the above said two banks to Syndicate Bank, Main Branch, Puttar. He was residing with the defendant No.1 in the said house. Later late Everest Pereira had shifted his residence from Puttur to Mangalore, in Apartment No. 304, Royal Residency, Vas Lane, Mangalore and he had once again got transferred the said money from Syndicate Bank, Main Branch, Puttur to Syndicate Bank, Kankanady Branch, Mangalore. He was living with defendant No.1 at the above said address till his unnatural sudden death on 14-9-2005 and the defendant No.1 continues to be residing in the said address after his death. e) The plaintiffs bonafide believe, owing to various suspicious circumstances attending on the death of Mr. Everest Pereira due to alleged fall from his apartment at 3rd Floor, Royal residency, Vas-lane, Mangalore, that he was thrown out of defendant No.1 and her accomplice one Mr. Ronald who is said to be Priest of the church, in order to grab the crores of rupees and the property of Everest Pereira. In that regard the plaintiff No.1 had filed a writ petition in the High Court of Karnataka for issuance of direction to Superintendent of Police D.K., Mangalore for proper investigation into the unnatural death of Mr. Everest Pereira. The defendant No.1 is much younger, at least by 25 years than Late Everest Pereira. She lured him by showing ostensible and artificial love towards him and became befriend of him just for the sake of his money and property. - 17 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 But Everest Pereira never appeared to have realized the trap of 1" defendant till he was ill-treated, disrespected, and disliked by the 1" defendant. The plaintiffs further submit that, the defendant No.1 is not legally wedded wife of Mr. Everest Pereira and she has no manner of right whatsoever in the immovable properties and money left behind by him. Mr. Everest Pereira has died intestate leaving behind the plaintiffs alone to succeed his all immovable and movable assets including money. h) The plaintiffs further submit that, Mr. Everest Pereira had made plaintiff No.1 as his nominee in all his deposits in the above said banks namely State Bank of India and ANZ Grindlays Bank in Mumbai. In ANZ Grindlays Bank he had a sum of Rs. 1,15,25,780/- (Rupees One Crore, Fifteen lakhs, Twenty-five thousand, Seven hundred and eight only) and in State Bank of India, Juhu Road, Santhacruz West, Mumbai he had deposit of Rs. 1,98,87,488/- (Rupees One Crore Ninety eight H lakhs eighty seven thousand four hundred and eighty eight only). Mr. Everest Pereira had transferred those amounts to Syndicate Bank. Main Branch, Puttur and later he transferred the said amount to Syndicate Bank. Kankanady Branch, Mangalore. The plaintiffs learnt that the principal amount with accrued interest was lying in the said Bank for some time. The plaintiffs further submit that, after few days from the date of death of Mr. Everest Pereira i.e. on 20th of September 2005, they have approached the Manager of - 18 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 Syndicate Bank, Kankanady Branch, to know the state of affairs of the money of Late Everest Pereira and also requested him to furnish the details of the deposits amount to the plaintiff No.1 by producing the documentary proof regarding her status as a wife of deceased Everest Pereira. The Manager of Syndicate Bank, Kankanady Branch asked to come after 15 days as he was busy. The plaintiff No.1 had gone back to Mumbai and she was able to come back only on 7th October 2005. to Mangalore and on next day she had again gone to the said bank but on that day the person with whom the plaintiff No.1 had talks earlier was stated to be not there and asked her to come again by the end of November, 2005 by some other official of the Syndicate Bank, Kankanady Branch, Mangalore. Again the plaintiff No.1 had come to Mangalore for the said purpose on 2-12-2005 and met the Chief Manager of the 2nd defendant on 3-12-2005. During the said meeting the Syndicate Bank, Kankanady Branch, Mangalore had evasively told plaintiff No.1 that there was no money in deposit in the name of her deceased husband Everest Pereira. j) The plaintiff No.1 bonafide suspected some foul play by both defendant No.1 and the Manager of the said bank regarding the money of her deceased husband having regard to the presence of the 1st defendant on 20- 9-2005 itself in the said Bank. The Manager of the said bank appeard to be lending his illegal hand in favour of the 1ª defendant for misappropriation of the deposit amount of deceased Everest Pereira. The Manager of the said bank - 19 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 was absolutely tight lipped about the money of the deceased Everest Pereira. The plaintiff No.1 bonafide suspected that the 1" defendant was trying to transfer the money and immovable properties of deceased Everest Pereira in her name, in the name of illegitimate children and also relatives with solitary intention to deprive the plaintiffs from getting the said money and property and also to defraud them. The 1" defendant is a poor lady and she never had/has capacity to earn the Crores of Rupees on her own. But she has been absolutely fraudulently bent upon to make the deposit money and immovable properties left behind by deceased Everest Pereira, of her. k) That being the fact, the plaintiff No.1 had filed a suit in O.S. No. 664/2005 on file of Principal Civil Judge (Jr. Dn), Mangalore against the 1" defendant and Syndicate Bank, Kankanady Branch, Mangalore for a mandatory injunction directing the said bank to furnish the particulars of deposits amounts and also other amounts stood and standing in the name of Mr. Everest Pereira, which were transferred from Syndicate Bank, Main Branch, Puttur to Syndicate Bank, Kankanady Branch, Mangalore and also for a permanent prohibitory injunction against them not to effect further transfer of the amount. l) The defendant No.1 and Syndicate Bank, Kankanady Branch, Mangalore have appeared in the said suit and filed their respective written statements raising false and frivolous contentions as against the true and valid claim of the plaintiff No.1 fro herself and on behalf of plaintiff No. 2 and 3. - 20 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 m) After the evidence of plaintiff No.1, she got summoned the Regional Manager of Syndicate Bank through process of court to furnish the details of the deposit amounts of Late Everest Pereira. Accordingly the Regional Manager of Syndicate Bank furnished the details of the deposits to the court which were marked as exhibits without objections of defendant No.1 and Syndicate Bank. As per the said documentary proof it was revealed that the amount of Rs. 64,10,554.68/- lakhs was received from ANZ Grindlays Bank, Mumbai during March, 1999 by Syndicate Bank Puttur Main Branch and same was invested in the said Bank in NRNR VCC Account on 23-3-1999 in the name of Mr. Everest Pereira and that a sum of Rs. 1,88,10,197.00/- was received during January, 2001 from State Bank of India, Santhacruz West, Mumbai, by Syndicate Bank, Main Branch, Puttur and that actual amount realized on collection was Rs. 1,87,91,386.00/. The above said proceeds received from State Bank of India were invested in Term deposit and S.B. Account in the name of Mr. Everest Pereira in Syndicate Bank, Main Branch, Puttur as follows, NRNR VCC Rs. 64,25,000/-, NRNR VCC Rs. 50,00,000/-, NRNR VCC Rs. 50,00,000/- NRNR SSD Rs. 13,00,000/-, SB A/C 35536 Rs. 3,20,000/-, SB A/C Rs. 50,461/-. On closure of existing loan on deposit standing in the name of Mr. Everest Pereira Rs. 1,95,925/-. Investment in term deposit in the name of 1" defendant NRNR VCC 22508 Rs. 5,00,000/-, thus total amount of Rs. 1,87,97,386.00/- was Syndicate Bank Main Branch, Puttur. It is further revealed that after series of transactions the - 21 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 term deposits standing in the name of Mr. Everest Pereira were transferred from Syndicate Bank, Main Branch, Puttur to Syndicate Bank Kankanday Branch and invested in eleven deposit accounts amounting to Rs. 2,08,78,896.00. And subsequently, the amount in 11 deposits of Rs.2,09,41,390.00 was credited to the joint S.B. account No.35892 of Mr. Everest Pereira and defendant No.1. Later the said amount was withdrawn from the S.B. account No.35892 of Syndicate Bank, Kankanady Branch, Mangalore through nine cheques of various dates at the instance of defendant No.1. n) This being the fact, the plaintiffs have also further learnt about a few days back that the I defendant and deceased Everest Pereira had jointly and severally, as well as either or survivor basis had invested said amount of Rs.2,09,41,390.00 in L.I.C. Mutual Fund bearing distinct Nos.namely,5024130701,5024130712.5024130681,50241 30692 amounting to Rs.3,40,00,000.00 (Rupees Three Crores forty lakhs). In the meanwhile, the 1st defendant had opened an account in 5th defendant Bank on 21-6- 2005 at the Introducion by Mr. Adline Rodrigues, Chartered Accountant having office at Kankanady, Mangalore and she was issued pass book No.037019 and account No.01.190010095, later the No. of the said account was changed to 1895591 on 20-9-2005. After the death of Everest Pereira, the 1" defendant had preferred an application before L.I.C. Mutual Fund for the transfer of the said mutual fund to her name and the same has been transferred in the month of October, 2005 and got it - 22 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 liquidated by getting the cheques issued in her name from L.I.C. bearing Nos. 1) 031567 for Rs.76,91,126.61, 2) 031737 for Rs.72,14,735.83, 3) 031735 for Rs 71,95,769.38, 4) 031734 for Rs.25,94,985.37, 5) 031732 for Rs.70,08,863.11. It is further learnt by the plaintiffs that those cheques have been deposited in 5th defendant Bank for encashment and after those cheques encashed she had invested about Rs.2,75,00,000.00 (Rupees Two Crores seventy five lakhs) is invested in R.B.L. Bond with defendant No.2 and 3 and about Rs.35,00,000.00 had been invested in 4 defendant Bank and later the said deposit in 4th defendant Bank was withdrawn by defendant No.1 and invested in the name of third party who is believed to be the brother of the above said Priest and some amount in residential apartment. o) The plaintiffs on coming to the above said true and correct information regarding the money of late Everest Pereira, are now considering to withdraw the suit in O.S.No.664/2005 on the file of Principal Civil Judge (Jr. Divn.), Mangalore and the same has become infructuous. p) The plaintiffs have learnt recently about a week back that once again the defendant No.1 is trying to transfer the money involved in R.B.I. bonds and also the money withdrawn from Karnataka Bank and invested in the name of third party, in fictitious names or in the name of her confidants and also the immovable property got purchased by late Everest Pereira in her name. There is every possibility of the money being hidden once again by defendant No.1 from the knowledge of plaintiffs as he has - 23 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 done before. The plaintiffs have gathered the afore said information regarding the money of deceased Everest Pereira with great difficulties and certainly it will be impossible for them to get the information in future about the money of deceased Everest Pereira. The 1" defendant in order to swallow the entire money of Late Everest Pereira had suppressed the material fact in relation thereto. Therefore it is just and necessary to maintain status-quo so far as the money in R.B.I. Bond and also money withdrawn from the Karnataka Bank and re- invested elsewhere in the name of third party besides maintaining status-quo in relation to the immovable property pending disposal of the above suit. Hence they have also filed an application for temporary injunction. q) The plaintiffs alone are entitled to all the assets, cash, kind, property etc., left behind, by Mr. Everest Pereira. The transfer of money belonged to late Everest Pereira in the manner narrated above by the 1" defendant was absolutely illegal, unauthorized and a fraudulent act and similarly her further intention to do the same so far as money involved in R.B.I. Bond and also the money invested in 4th defendant Bank which has been later withdrawn and invested elsewhere in the name third party is nothing short of an act of fraud and cheating. The defendant No. has no manner of right whatsoever in respect of the money and immovable assets left behind by late Everest Pereira. It has to come to exclusively to the plaintiffs. - 24 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 r) The plaintiffs are constrained to seek a declaratory relief by filing this suit since the money left behind by Late Everest Pereira has already been transferred by the 1" defendant in her name and also in the name of some third party in the aforesaid manner. The other defendant No. 4 and 5 are necessary parties to the suit though no reliefs have been sought against them. s) The plaintiffs further submit that the defendant No. 2 and 3 are legally bound to pay the money belonged to Late Everest Pereira involved in R.B.I. Bond to the plaintiffs and similarly the defendant No. 1 is also liable to hand over the money of Late Everest Pereira which she had invested in the name of third party and also in her name, on granting declaratory relief by this Hon'ble Court in favour of the plaintiffs as prayed for hereunder IV. The cause of action for the suit has arisen on 14-9-2005, the date of death of Mr. Everest Pereira and subsequently in second week of October 2007, when the plaintiffs have learnt the above said an act of fraudulent and cheating of the 1" defendant and her further intention to transfer the amount stated above again surreptitiously and clandestinely in the name of fictitious persons or in the name of her confidants at Mangalore within the jurisdiction of this Hon'ble Court . The plaintiffs value the suit relief for the purpose of court fee and jurisdiction at Rs.1,000/- so far as relief of declaration under Section 24(d) and at Rs.1000/- so far as the mandatory injunction is concerned under Section 26 (c) and paid total court fee a sum of Rs. 50/- on this plaint - 25 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 VI. Therefore the plaintiffs pray for judgement decree in their favour and against the defendant No. 1,2 and 3 for the following reliefs: (i) For the declaration that the plaintiffs are entitled to realize the money belonged to Late Mr. Everest Pereira, invested in R.B.I. Bonds by the 1st defendant with interest accrued thereon and also the money invested in fixed deposit in 4th defendant Bank and re-invested the same in the name of third party elsewhere, after having withdrawn the said deposits from the 4th defendant Bank. ii) For mandatory injunction directing the defendant No. 2 and 3 or such defendant found liable among themselves to pay the money involved in R.B.I. Bonds with interest accrued thereon to the plaintiffs and also directing defendant No. 1 to handover the money belonged to Late Mr. Everest Pereira wherever she has invested either in her name or in the name of third party with interest accrued thereon, s) For the cost of the suit. iv) And grant such other and further reliefs as court deems fit under the circumstances of the case in the interest of justice and equity. TENTATIVE DISCRIPTION OF MONEY BELONGED TO LATE EVERESTPEREIRA 1. The money involved in R.B.I. Bonds to the tune of Rs. 2,75,00,000/-(Rupees Two Crores Seventy Five Lakhs) only. - 26 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 2. The money invested in fixed deposits in 4th defendant Bank, which was later withdrawn there from and re-invested by 1" defendant in the name of third party.” 6. Thereafter, a private complaint in PCR No.61/2014 was filed by the Sirastedar of the court of Principal Civil Judge and CJM, Mangalore, against unknown persons for allegedly forging the divorce decree resulting in purported dissolution of the marriage between Everest Pereira and respondent No.2. The said private complaint having been referred to investigation and registered as FIR in Crime No.211/2014, a charge sheet was filed which is pending adjudication in C.C. No.241/2015 before the Trial Court. In fact, in the said proceedings, respondent No.2 filed a writ petition in W.P.No.46098/2018 seeking a direction for further investigation and to file additional charge sheet by arraigning the petitioner herein as respondent No.2 and this Court vide final order dated 10.06.2021, disposed of the petition as under: “O R D E R This petition is filed seeking writ of mandamus against respondent No.1 Mangalore North Police for transfer of the investigation to CID and conducting further investigation and filing additional charge sheet in Crime No.211/2014 of their Police Station. - 27 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 2. Learned HCGP submits that by the letter of the Head office of the Police Department bearing No.9/77/Mangalore City/2018 dated 13.03.2020, the investigation is transferred to CID, therefore the petition has become infructuous. 3. Learned HCGP further submits that the CID police on 20.11.2020 took over the investigation and have referred the disputed documents to forensic laboratory for examination and sought permission of the Court under Section 173 of Cr.P.C. for conducting further investigation to file the charge sheet. 4. In view of the above said subsequent development, the petition has become infructuous. However, CID police are hereby directed to conduct investigation expeditiously and file additional charge sheet within three months from the date of this order. The petition is disposed of accordingly. 5. Learned HCGP shall communicate the copy of this order to the Investigating Officer.” 7. In the meanwhile, eleven years after the demise of Everest Pereira, respondent No.2 filed one more private complaint in PCR No.65/2015 falsely alleging that the petitioner had murdered Everest Pereira. The said PCR No.65/2015 was referred to the police for investigation. After investigation, under Section 163 of Cr.P.C., FIR in Crime No.155/2015 was registered, pursuant to - 28 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 which an investigation was conducted culminating in filing of ‘B’ Report dated 26.09.2018 by the police authorities. 8. Despite the aforesaid facts and circumstances and earlier civil and criminal litigation between respondent No.2 and the petitioner, respondent No.2 filed the impugned complaint and FIR against the petitioner herein putting forth exactly identical/similar allegations made by her in O.S.No.170/2016 filed by her, eleven years prior to the impugned complaint. In this context, it is pertinent to note that there is absolutely no explanation whatsoever offered by respondent No.2 as regards the inordinate delay and laches in filing the police complaint belatedly after a lapse of 13 years after the demise of Everest Pereira. In addition thereto, except stating that PCR No.61/2014 was filed by the Shirestedar of the aforesaid court, respondent No.2 clearly suppressed the material fact including earlier civil and criminal proceedings between herself and the petitioner herein without even adverting or referring to the earlier dispute which was already pending before the Civil Court in O.S.No.170/2016 (O.S. No.50/2007) in which also, respondent No.2 had made identical/similar allegations as regards embezzlement of funds by the petitioner in collusion with the Bank - 29 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 officials. In fact, in the impugned complaint, respondent No.2 specifically alleges connivance, collusion, fraud and forging by the petitioner with the bank officials and State Bank of India in relation to late Everest Pereira, which she had made as long back as in the year 2007 itself, thereby leading to conclusion that respondent No.2 sought to give a criminal colour to an essentially civil dispute involving the alleged monies of late Everest Pereira. The claim of respondent No.2 over the alleged monies of Everest Pereira, essentially, pre-dominantly and overwhelmingly, is of civil in nature which is sought to be given a criminal colour, flavour, texture, which is impermissible in law as laid by the Apex Court in the case of Paramjeet Batra v State of Uttarakhand - (2013) 11 SCC 673 and so also in the case of Usha Chakraborty v State of West Bengal - (2023) 15 SCC 135 the Apex Court came to the conclusion that it is impermissible to convert civil/financial disputes into criminal disputes and it is held as under: “21. The factual position thus would reveal that the genesis as also the purpose of criminal proceedings are nothing but the aforesaid incident and further that the dispute involved is essentially of civil nature. The appellants and the respondents have given a cloak of criminal offence in the issue. In such circumstance when the respondent had already resorted to the available civil remedy and it is pending, going by the decision in Paramjeet - 30 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 Batra [Paramjeet Batra v. State of Uttarakhand, (2013) 11 SCC 673 : (2012) 4 SCC (Cri) 76] , the High Court would have quashed the criminal proceedings to prevent the abuse of the process of the Court but for the concealment. 22. In the aforesaid circumstances, coupled with the fact that in respect of the issue involved, which is of civil nature, the respondent had already approached the jurisdictional civil court by instituting a civil suit and it is pending, there can be no doubt with respect to the fact that the attempt on the part of the respondent is to use the criminal proceedings as weapon of harassment against the appellants. The indisputable facts that the respondent has filed the pending title suit in the year 2015, he got no case that he obtained an interim relief against his removal from the office of Secretary of the School Managing Committee as also the trusteeship, that he filed the stated application for an order for investigation only in April 2017 together with absence of a case that despite such removal he got a right to get informed of the affairs of the school and also the trust, would only support the said conclusion. 23. For all these reasons, we are of the considered view that this case invites invocation of the power under Section 482 CrPC to quash the FIR registered based on the direction of the Magistrate Court in the aforestated application and all further proceeding in pursuance thereof. Also, we have no hesitation to hold that permitting continuance of the criminal proceedings against the appellants in the aforesaid circumstances would result in abuse of the process of court and also in miscarriage of justice.’ 9. As stated supra, though Everest Pereira expired on 14.09.2005, there is a delay of 13 years in filing the impugned complaint in 2018 which has not been disclosed by respondent No.2 in the alleged complaint and no explanation in this regard is forthcoming. - 31 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 10. In the case of Chanchalpati Das v. State of West Bengal - (2023) 20 SCC 120 , the Apex Court held as under: “15. In the opinion of the Court such an inordinate delay of eight years in filing the complaint in the court itself would be a sufficient ground to quash the proceedings. If the luxury bus owned by ISKCON, Kolkata Branch in 1998 was so precious to them, they would not have sat silent for such a long time of eight years. In our opinion, the criminal machinery set into motion by filing the complaint for the alleged incident which had taken place eight years ago, that act itself was nothing but a sheer misuse and abuse of the process of the court. 21. As regards inordinate delay in filing the complaint it has been recently observed by this Court in Hasmukhlal D. Vora v. State of T.N. [Hasmukhlal D. Vora v. State of T.N., (2022) 15 SCC 164 : (2024) 2 SCC (Cri) 632] that though inordinate delay in itself may not be a ground for quashing of a criminal complaint, however unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint. 22. In the light of the aforestated legal position, if the facts of the case are appreciated, there remains no shadow of doubt that the complaint filed by the respondent complainant after an inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle personal scores with the appellants, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly when neither the allegations made in the complaint nor in the charge-sheet, disclose any prima facie case against the appellants. The allegations made against the appellants are so absurd and improbable that no prudent person can ever reach to a conclusion that there is a sufficient ground for proceeding against the appellants-accused. - 32 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 11. As can be seen from the aforesaid judgment, the delay in lodging the complaint, FIR has been held to be a vital circumstance in quashing the impugned complaint and FIR. Consequently, the impugned complaint and FIR deserves to be quashed on this ground also. 12. As stated earlier, there are civil and criminal litigations between the petitioner and respondent No.2. In the complaint and the FIR, respondent No.2 has deliberately suppressed the same and thereby leading to the conclusion that the impugned complaint filed by respondent No.2 by suppressing the material fact is clearly a false and frivolous complaint which tantamount to an abuse of process of law warranting interference by this Court in the present petition. 13. In the case of Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd., - 2025 SCC OnLine SC 64, the Apex Court has held as under: “20. Thus, this was a case where very material documents in the form of two letters addressed by the appellant were suppressed in the complaint and the statement on oath under Section 200. In the statement on - 33 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 oath, the respondent-complainant vaguely referred to a ‘false notice reply’, but a copy of the reply was not produced by the respondent along with the complaint. 21. While filing a complaint under Section 200 of CrPC and recording his statement on oath in support of the complaint, as the complainant suppresses material facts and documents, he cannot be allowed to set criminal law in motion based on the complaint. Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of the process of law. 22. Hence, the High Court ought to have interfered and quashed the complaint. Accordingly, the impugned order of the High Court is set aside. The complaint bearing S.C. No. 648 of 2016 pending in the court of the learned Judicial Magistrate First Class at Kalwan and the order of cognizance dated 2nd March 2017 are hereby quashed and set aside..” 14. Suppression of material facts in a complaint regarding previous dispute/litigation between the parties is an extremely crucial factor in determining the veracity of complaint and on this score also, I am of the view that the impugned complaint and FIR deserves to be quashed. 15. Insofar as the various contentions urged by respondent No.2 in her statement of objections are concerned, even on her own showing/saying, respondent No.2 has put forth various contentions regarding events that had transpired between 2005 to 2018, all of which cumulatively establish the long standing dispute between respondent No.2 and the petitioner from the date of - 34 - HC-KAR NC: 2025:KHC:21589 CRL.P No. 2438 of 2023 demise of Everest Pereira till 2018 when the impugned complaint was filed, which is sufficient to come to the conclusion that the pre- existing civil and criminal dispute between the parties is once again reiterated by filing the instant complaint by giving a essentially civil dispute a criminal colour which is impermissible in law. Under these circumstances, the various contentions urged by respondent No.2 in the statement of objections cannot be accepted. 16. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned FIR and complaint in Crime No.47/2018 dated 29.03.2018 registered by the 1st respondent – Police for offences punishable under Sections 406, 420, 465, 467, 458, 471 and 34 of IPC and all further proceedings pursuant thereto, insofar as they relate to the petitioner-accused No.1 herein are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.