- 1 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6643 OF 2018 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 6642 OF 2018 IN CRL.P No. 6643/2018 BETWEEN: 1. MR SUCHENDRA B R S/O B.N.RAJ URS, AGED ABOUT 43 YEARS BRANCH MANAGER-MYSORE BRIGADE ENTERPRISES LTD., BRIGADE POINT, GOKULAM ROAD, V.V.MOHALLA, MYSORE-570 002 2. MR D.B.JOSHI S/O B.N.JOSHI, AGED ABOUT 61 YEARS, R/AT NO.2014, BRIDGE HABITAT, 3RD MAIN, LAKSHMIPURAM, MYSORE-570004 3. MR KASIVISWANATHAN A G S/O GANESHAN A V, AGED ABOUT 45 YEARS, RESIDING AT B-133, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 4. DR VIJAY H V S/O H VAMADEVAPPA AGED ABOUT 40 YEARS, R/AT C-537, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 5. MRS SRIDEVI KRISHNA IYENGAR W/O KRISHNA PRASAD SANJEEVIAH, AGED ABOUT 46 YEARS, R/AT B-230, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 6. MR S RAVI S/O SUBRAMANIAM, AGED ABOUT 47 YEARS, R/AT B-733, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 7. MR I.K.MURALIDHARA SHARMA S/O LT. KRISHNA IYENGAR, AGED ABOUT 67 YEARS, RESIDING AT B-233, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 8. MR SKANDA S G S/O S.G.GOPAL AGED ABOUT 27 YEARS, - 3 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 RESIDING AT B-332, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 9. MR SAVAN BELLUR S/O ASHOK KUMAR AGED ABOUT 35 YEARS, RESIDING AT C-138, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 10. MR HARISH V KULKARNI S/O LT.DR. VENKATESH R KULKARNI AGED ABOUT 43 YEARS, RESIDING AT B-531, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 11. MR. SHANTHARAM M S S/O SUBBA RAO AGED ABOUT 68 YEARS, RESIDING AT C-737, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 12. MR SURESH SADASIVAN S/O SADASIVAN NAIR AGED ABOUT 42 YEARS RESIDING AT C-437, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, - 4 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 MYSORE-570016 13. MRS ASHA KUTTAPPAN W/O T SANJEEV GOPALAN AGED ABOUT 37 YEARS, RESIDING AT C-239, BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 …PETITIONERS (BY SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE) AND: MR VENKATARAMANA YENIGALLA S/O BAPAYYA Y AGED ABOUT 45 YEARS, RESIDING AT C-137 BRIGADE SYMPHONY, OPP GOLDEN LAND MARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016 …RESPONDENT (BY SRI.MAHESH.C.M, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 22.02.2018 ONLY TO THE EXTENT THAT IT TAKES COGNIZANCE OF THE OFFENCES UNDER SECTION 465 OF THE INDIAN PENAL CODE, 1860. - 5 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 IN CRL.P NO. 6642/2018 BETWEEN: 1. MR SUCHENDRA B R S/O B N RAJ URS, AGED ABOUT 43 YEARS, BRANCH MANAGER-MYSORE, BRIGADE ENTERPRISES LTD., BRIGADE POINT, GOKULAM ROAD, V.V.MOHALLA, MYSORE-570002. 2. MR D B JOSHI S/O B N JOSHI, AGED ABOUT 61 YEARS, NO.2014, BRIGADE HABITAT, 3RD MAIN, LAKSHIMPURAM, MYSORE-570004. 3. MR KASIVISWANATHAN A G S/O GANESHAN A V, AGED ABOUT 45 YEARS, RESIDING AT B-133, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 4. DR VIJAY H V S/O H VAMADEVAPPA, AGED ABOUT 40 YEARS, RESIDING AT C-537, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. - 6 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 5. MRS SRIDEVI KRISHNA IYENGAR W/O KRISHNA PRASAD SANJEEVIAH, AGED ABOUT 46 YEARS, RESIDING AT B-230, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSOE-570016. 6. MR S RAVI S/O SUBRAMANIAM, AGED ABOUT 47 YEARS, RESIDING AT B-733, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 7. MR I K MURALIDHARA SHARMA S/O LT.KRISHNA IYENGAR, AGED ABOUT 67 YEARS, RESIDING AT B-233, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 8. MR SKANDA S G S/O S G GOPAL AGED ABOUT 27 YEARS, RESIDING AT B-332, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 9. MR SAVAN BELLUR S/O ASHOK KUMAR, AGED ABOUT 35 YEARS, - 7 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 RESIDING AT C-138, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 10. MR HARISH V KULKARNI S/O LT.DR.VENKATESH R KULKARNI, AGED ABOUT 43 YEARS, RESIDING AT B-531, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 11. MR SHANTHARAM M S S/O SUBBA RAO, AGED ABOUT 68 YEARS, RESIDING AT C-737, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 12. MR SURESH SADASIVAN S/O SADASIVAN NAIR, AGED ABOUT 42 YEARS, RESIDING AT C-437, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. 13. MRS ASHA KUTTAPPAN W/O T.SANJEEV GOPALAN, AGED ABOUT 37 YEARS, RESIDING AT C-239, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, - 8 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 MYSORE-570016. ...PETITIONERS (BY SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE) AND: MR VENKATARAMANA YENIGALLA S/O BAPAYYA Y, AGED ABOUT 45 YEARS, RESIDING AT C-137, BRIGADE SYMPHONY, OPP.GOLDEN LANDMARK RESORT, KRS ROAD, NEAR RAILWAY CROSSING, MYSORE-570016. ...RESPONDENT (BY SRI. MAHESH C M, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 03.07.2018 IN CRL.RP.NO.140/2018 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, MYSURU AND CONSEQUENTLY DISMISS THE COMPLAINT IN PCR.NO.658/2018 ON THE FILE OF THE II ADDITIONAL FIRST CIVIL JUDGE (Jr.Dn) AND JMFC), MYSURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER These petitions filed under Section 482 of the Code of Criminal Procedure, are arising out of criminal proceedings - 9 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 initiated in PCR.No.658/2018 on the file of II Addl. First Civil Judge (Junior Division) and JMFC, Mysuru. 2. In both petitions, petitioners who are arraigned as accused Nos.1 to 13 are common. 3. While in Crl.P.No.6643/2018, petitioners have challenged the order dated 22.02.2018, passed by the trial Court taking cognizance for the offence punishable under Section 465 IPC, but declining to the cognizance for the offence punishable under Sections 199, 201, 120-B IPC. In Crl.P.No.6642/2018, they have challenged the order dated 30.07.2018 in Crl.RP.No.140/2018 on the file of II Addl. Sessions Judge, Mysuru, whereby it allowed the Criminal revision petition, filed by the complainant and remanded the case to the trial Court, with a direction to pass necessary orders in the light of the observations made during the course of the order. 4. For the sake of convenience, parties are referred to by their ranks before the trial Court. - 10 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 5. The undisputed facts are that complainant and accused are owners of flats in Brigade Symphony bearing Khatha No.488 coming under Koorgalli village Panchayath, Mysuru. The grievance of complainant is that as per the provisions of Karnataka Apartment Ownership Act, 1972 and Rules, 1974, ('KAOA' for short), the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 and Rules, 1975 ('KOFA' for short) and the Real Estate (Regulation and Development) Act, 2016 and Rules, ('RERA' for short) Brigade Enterprises Limited being the developer is duty-bound to submit the schedule project under the provisions of KAOA and form a legitimate and registered Apartment Owners Association and then transfer the management of the apartment complex and the title of the common areas of project to the said Association. However, it is not done. The developer has already collected advance maintenance from all the owners, including the complainant for the period from 01.12.2016 - 11 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 to 13.11.2017. It is often threatening that it would not take up the responsibility of maintenance, after the period. It is not coming forward to form the association in compliance with KAOA. 6. On 24.08.2017, the developer sent a notice calling for Annual General Body Meeting to form Brigade Symphony Owners Association on 17.09.2017, along with the proposed Bye-laws. Without a deed of declaration, joined by all the apartment owners and registration, the adoption of Bye-laws is illegal. The Annual General Body Meeting could be held only after registration of deed of declaration. In the light of the same, complainant along with like minded apartment owners, got issued legal notice dated 08.09.2017 to the Chairman and Managing Director of the Developer group and accused No.1. However, they went ahead with the Annual General Body Meeting and declared that they would register the Association under KAOA within two months. - 12 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 7. On 21.11.2017, complainant received an email on behalf of the developer, announcing the formation of Brigade Symphony Owners Association under the provisions of KAOA fixing the maintenance charges from 01.12.2017 to 31.03.2018 at ₹3.6 per square feet and that account is opened with Corporation Bank. It did not contain the names of the office bearers and executive members of the new association as well as the name of the association. Complainant sought clarification of the said documents. However, he was not furnished with the details and documents. 8. He collected certified copy of the deed of declaration dated 02.11.2017, wherein it is stated that complainant has also given approval and authorisation on his behalf to execute the deed of declaration, and affixed his signature. However, the accused persons have not taken his consent and he has also not affixed his signature and thereby the accused have committed the offences punishable under Sections 177, 199, 465, 120-B and 200 - 13 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 IPC. With these allegations, complainant filed the complaint under Section 200 Cr.P.C against the accused persons. 9. Vide order dated 16.02.2018, the trial Court took cognizance for the offence punishable under Section 465 of IPC. It was challenged by the complainant before the Session Court in Crl.RP.No.140/2018. The Sessions Court allowed the said petition and remanded the case to take cognizance in accordance with law in the light of the observation made by it. These two orders are challenged in the present petitions on the following among other; GROUNDS 10. Complaint is not maintainable, since it is alleged that the accused persons have used a forged document as genuine etc, and produced them before the Sub-registrar and he is having the authority to examine the same. Both the trial Court and Session have failed to examine this aspect. None of the offences are made out. The dispute between the party is restricted to the provisions of - 14 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 Registration Act. The intention of complainant is to harass the accused. Continuation of the proceedings would amount to abuse of the process of the Court and pray to quash the same. 11. Heard arguments and perused the record. 12. The undisputed facts are that complainant and accused are owners of flats in Brigade Symphony bearing Khatha number 488 coming under Koorgalli village Panchayat, Mysuru. The grievance of complainant is that without following the provisions of KAOA, KOFA and RERA and registering the deed of declaration, the Developer wanted to form the association of flat owners and he objected to the same. Later, the accused persons announced that already the deed of declaration is registered, but his consent was not taken and when complainant collected certified copy of the same, he realised that his signature is forged and accordingly, he filed the complaint. - 15 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 13. However, during the arguments, learned counsel appearing for respondent No.2/complainant submitted that the parties have settled their dispute among themselves and in fact, Association formed by all of them is managing the affairs of the Flat owners and he has no objections to allow the petitions and quash the criminal proceedings. In the light of the submissions made across the Bar, this court is of the considered opinion that continuation of the criminal proceedings would amount of abuse of the process of the Court and as such the same is liable to be quashed and accordingly, the following: ORDER (i) Crl.P. No. 6643/2018 and Crl.P.No. 6642/2018 filed by the petitioners/accused Nos.1 to 13 under Section 482 Cr.P.C are allowed. (ii) The order dated 22.02.2018 in PCR.No.658/2018 on the file of II Addl.First Civil Judge (Junior Division) & JMFC, - 16 - HC-KAR NC: 2025:KHC:31039 CRL.P No. 6643 of 2018 C/W CRL.P No. 6642 of 2018 Mysuru for the offence punishable under Section 465 of IPC is set aside. (iii) The order dated 03.07.2018 in Crl.RP.No.140/2018 on the file of II Addl.Sessions Judge, Mysuru is set aside. Consequently PCR.No.658/2018 on the file of II Addl.First Civil Judge (Junior Division) & JMFC, Mysuru is hereby dismissed. (iv) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 32