- 1 - NC: 2025:KHC-D:869 CRL.P No. 101296 of 2017 C/W CRL.P No. 101670 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101296 OF 2017 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101670 OF 2023 IN CRL.P.NO.101296 OF 2017: BETWEEN: SATISH S/O. MUKKUND HARAVI AGE: 46 YEARS, OCC: PVT. SERVICE, R/O: PLOT NO.9, J.P. NAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. M.H.PATIL AND SRI. HARSHAWARDHANA M.PATIL, ADVOCATES) AND: 1. SRI. MAHADEVAPPA GURUSIDDAPPA AGALI AGE. 45 YEARS, OCC. BUSINESS, R/O. J.D. SWADI II STAGE, CHAITNYA NAGARA, NEAR ORIENTAL PUBLIC SCHOOL, HUBBALLI, DIST. DHARWAD. 2. THE STATE OF KARNATAKA, R/BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD. …RESPONDENTS (BY SRI. GOURISHANKAR MOT, ADVOCATE FOR R1; SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING THAT THE PROCEEDINGS INITIATED BY RESPONDENT NO. 1 UNDER C.C.NO. 3292 OF 2016 (PC NO. 96 OF 2016) PENDING ON THE FILE OF JMFC I COURT HUBBALLI KINDLY BE QUASHED IN REGARD TO THE ALLEGED OFFENCES UNDER SECTION 419, 420, 468, 471, 499, 504, 506 READ WITH 34 OF IPC AGAINST THE PETITIONER/ACCUSED NO. 2. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:44 +0530 - 2 - NC: 2025:KHC-D:869 CRL.P No. 101296 of 2017 C/W CRL.P No. 101670 of 2023 IN CRL.P.NO.101670 OF 2023: BETWEEN: SHRI. MAHADEVAPPA S/O. GURUSIDDAPPA AGALI AGE. 52 YEARS, OCC. BUSINESS, R/AT. C/O. G.D.SWADI, 2ND STAGE, CHAITHANYA NAGAR, NEAR ORIENTAL SCHOOL, HUBBALLI-580030. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. SHRI. SATISH S/O. MUKUND HARAVI AGE. 52 YEARS, OCC. PRIVATE JOB, R/AT. PLOT NO.9, J.P. NAGAR, HUBBALLI-580030. 2. THE STATE OF KARNATAKA GOKUL ROAD POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT.DHARWAD. …RESPONDENTS (BY SRI. M.H.PATIL AND SRI. HARSHAWARDHANA M.PATIL, ADVOCATES FOR R1; SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE COGNIZANCE DATED 03.07.2023 AND FURTHER PROCEEDING AGAINST THE ACCUSED/PETITIONER IN C.C.NO. 2401/2023 AS PENDING BEFORE THE 3RD JMFC, AT HUBBALLI FOR THE OFFENCES P/U/SEC. 420, 423, 424, 426 R/W 34 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:869 CRL.P No. 101296 of 2017 C/W CRL.P No. 101670 of 2023 ORAL ORDER 1. Since these petitions arise out of a case and counter- cases, they are taken up together, heard, and disposed of by this common order. 2. Crl.P.No.101296/2017 has been filed by the petitioner/accused No.2 challenging the cognizance taken for offences punishable under Sections 419, 420, 468, 471, 499, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). Respondent No.2 filed a private complaint under Section 200 of the Code of Criminal Procedure (Cr.P.C.), alleging that although the subject property belongs to him, accused No.2, along with other accused persons, including the Bank Manager, created fabricated documents to falsely show that the property stands in the name of accused No.2 and fraudulently obtained a loan in the complainant’s name. 3. Crl.P.No.101670/2023 has been filed by the petitioner challenging the cognizance taken for offences punishable under Sections 420, 423, 424, and 426 read with Section 34 of IPC. Respondent No.1 filed a private complaint alleging that the petitioner fabricated documents to fraudulently execute a sale deed in his favor concerning the property belonging to Respondent No.1. 4. The police, after investigation, submitted a ‘B’ report to the learned Magistrate. Respondent No.1 filed a protest petition, and the learned Magistrate, after rejecting the ‘B’ report, took cognizance of the offences punishable under Sections 420, 423, 424, and 426 read with Section 34 of IPC. - 4 - NC: 2025:KHC-D:869 CRL.P No. 101296 of 2017 C/W CRL.P No. 101670 of 2023 5. Heard the learned counsel for the parties. 6. The petitioner in Crl.P.No.101670/2023 has closed the loan account by availing of a One-Time Settlement (OTS), and the subject property continues to stand in the name of the petitioners in Crl.P.No.101296/2017. 7. The allegations against each petitioner are that they fabricated documents to falsely show that the subject property stands in their names. Whether the subject property belongs to them or not is a matter that requires adjudication by the trial court in civil proceedings, and such issues cannot be determined in criminal proceedings. 8. In light of the above, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, the petitions are allowed. The impugned proceedings in CC No.3292/2016 on the file of JMFC-I Court, Hubballi, and the impugned proceedings in CC No.2401/2023 on the file of JMFC-III Court, Hubballi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 53