- 1 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7198 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI SHIVANNA V S/O VENKATAPPA, AGED ABOUT 39 YEARS, R/AT NO. 219, DODDATATAGUNI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK BENGALURU-560 062 AS PER AADHAR CARD …PETITIONER (BY SRI. AMBAJI RAO NAJRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KAGGALIPURA POLICE STATION, REP BY ITS SPP, BENGALURU-560001 2. SMT. VIDYAVATHI W/O MANTELINGAIAH, AGED ABOUT 44 YEARS, R/AT TATAGUNI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK BENGALURU-560074 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.H.MOHAN KUMAR, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.169/2023 DATED 18.04.2023 FOR THE ALLEGED OFFENCE P/U/S 3(1)(f), 3(1)(g) OF SC/ST (POA) AMENDMENT ORDINANCE 2014 AND IPC SEC.420,465,468,471 PENDING ON THE FILE OF THE LEARNED II ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.3 has filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR in Cr.No.169/2023 for the offence punishable under Sections 420, 465, 468 and 471 IPC and Section 3(1)(f) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act ('SC/ST (POA) Act' for short). 2. In support of the petition, the petitioner has contended that a false case is registered against him and as such complaint is perverse, capricious, erroneous, arbitrary, oppose to principles of natural justice and - 3 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 therefore liable to be quashed. Suit in O.S.No.648/2011 was filed by one Doddaramaiah against accused No.1 on the file of II Addl.Senior Civil Judge for declaration and injunction in respect of the subject matter of the complaint. As a counter accused No.1 has also filed O.S.No.407/2012 before the same Court. O.S.No.407/2012 came to be compromised between the parties on 08.04.2012 and consequently, O.S.No.648/2011 was dismissed as not pressed on 11.04.2012. 2.1. Based on the compromise accused No.1 sold the subject matter of the said property to one K.S.Parveez and Yaseen vide Sale deed dated 21.04.2012. Since there is a dispute, K.S.Parveez filed O.S.No.873/2021 on the file of IV Addl.Senior Civil Judge, Bengaluru Rural District with a prayer for declaration and injunction. Later it was also settled before the Lokadalat on 08.07.2023. Such being the case, if really respondent No.2/complainant is having any right over the property, she is at liberty to approach the Civil Court by challenging the compromise decree. The - 4 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 complainant is trying to convert a civil dispute into a criminal offence. Continuation of the petition would amount to abuse of the process of the Court and hence, the petition. 3. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that the grandfather of complainant Vidyavathi viz., Gangaiah @ Gangappa was granted land in Sy.No.28/P5 of Agara village measuring 4 acres. From 1969 to 2011, Khata was standing in his name. The said Gangaiah @ Gangappa and his wife Mangamma had 3 sons and 4 daughters. Complainant is the daughter of his second son Chikkaramaiah. In the RTC the name of his grandfather was only noted as Gangappa. He died on 09.01.2009. Mangamma died on 20.11.1995. 3.1 In this background, one Shivamma resident of Ramamurthynagar claiming to be the wife of Gangappa, - 5 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 S/o Gaddegowda and that she is not having any children concocted death certificate of Gangappa as dated 22.09.1990 and on the basis of said fake death certificate got transferred Khata in her name. After coming to know about it, Doddaramaiah the Senior paternal uncle of complainant filed suit. However, Shivanna grandson of Gangaiah @ Gangappa son of Ramaiah through his 3rd son Venkatappa, colluding with said Shivamma making a false representation that he is taking the signatures for changing the Khata has obtained signatures of contesting defendants to the compromise petition and got the suit disposed of as compromised. Later one Lalithamma, wife of Govindaraju concocting document that she is the daughter of Gangappa and Shivamma and also a false G-tree got the Khata changed to her name during 2019 and hence complaint to take action against them. 4. Heard arguments and perused the record. - 6 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 5. Thus, petitioner who is arraigned as accused No.3 is seeking quashing of criminal proceedings initiated against him contending that he also belongs to Scheduled Caste and therefore, the provisions of SC/ST (POA) Act are not applicable to him. The dispute between the parties is civil in nature and instead of seeking relief before the Civil Court, unnecessarily false complaint is filed to harass the petitioner and others. O.S.No.648/2011 was filed by the Senior uncle of complainant viz., Doddaramaiah against accused No.1 Shivamma. She filed O.S.No.407/2012 against the said Doddaramaiah. O.S.No.407/2012 came to be compromised and in the light of the same, O.S.No.648/2011 was dismissed as not pressed. After the compromise, accused No.1 has sold the said property to one K.S.Parveez and Yaseen through sale deed dated 21.04.2012 and he has filed O.S.No.873/2021 and it was also came to be settled. Without challenging the compromise decree, complainant cannot claim right over - 7 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 the property in question and unnecessarily she is targeting the petitioner. 6. The documents placed on record clearly indicate that complainant is claiming the property in Sy.No.28/P5 mesuring 4 acres as belonging to her grandfather Gangaiah @ Gangappa, S/o Ramaiah. She has alleged that after the death of said Gangaiah @ Gangappa and his wife Mangamma, several persons have concocted documents and claimed right over the said property and based on it interfering. From the perusal of these documents, it is clear that the dispute between the parties is purely civil in nature. Several civil disputes are fought between the family members of complainant and others. Complainant is claiming that her signatures were taken to the compromise petition by making a false representation that it is for changing Khata. Admittedly, complainant has not sought any relief from the Civil Court. The property has exchanged several hands. Such being the case unless and until complainant prove her right and possession over the - 8 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 property in question, she cannot claim to have been cheated. Complainant is trying to give a civil dispute a cloak of criminal offence. The claim of the petitioner that he also belongs the Schedule Caste is not disputed by the complainant. In the light of the above facts and circumstances, continuation of criminal proceedings would amount to abuse of process of Court and liable to be quashed and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused No.3 under Section 482 of Cr.P.C is hereby allowed. (ii) The FIR in Cr.No.169/2023 for the offence punishable under Sections 420, 465, 468 and 471 IPC and Section 3(1)(f) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act on the file of II Addl.District and Sessions Judge, - 9 - HC-KAR NC: 2025:KHC:28067 CRL.P No. 7198 of 2023 Bengaluru Rural District, Bengaluru is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 48