- 1 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102283 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. H.N.VEERABHADRAPPA, S/O. PASHUPATHI, AGE. 43 YEARS, OCC: SECRETARY, INDIRA CHARITABLE AND EDUCATION TRUST, KOTTURU, TAL. KOTTURU, DIST. VIJAYANAGAR-583102. 2. SRI. H.N.SANTOSH, S/O. DODDAVEERAPPA, AGE. 44 YEARS, OCC. PRESIDENT, INDIRA CHARITABLE AND EDUCATION TRUST, KOTTURU, TAL. KOTTURU, DIST. VIJAYANAGAR-583102. 3. SRI. CHANDRASHEKAR S/O. THIPPESWAMY, AGE. 44 YEARS, OCC. TREASURER, INDIRA CHARITABLE AND EDUCATION TRUST, KOTTURU, TAL. KOTTURU, DIST. VIJAYANAGAR-583102. 4. SRI. K. VEERRANNA, S/O. KOTRABASAPPA, AGE. 65 YEARS, OCC. FOUNDER SECRETARY NOW RESIGNED, SHRI. VEERABHADRESHWAR EDUCATION TRUST, KOTTURU, TAL. KOTTURU, DIST. VIJAYANAGAR-583102. …PETITIONERS (BY SRI. SRINAND A PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KOTTUR POLICE STATION, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:06 +0530 - 2 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 NOW REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT. DHARWAD. 2. DR. PRADEEP KUMAR B. M AGE. 35 YEARS, OCC. PRINCIPAL, TIPPERUDRA SCIENCE P U COLLEGE, KOTTUR TOWN, R/O. H.NO. 1180, L.B. LAYOUT, KOTTUR, TAL. KOTTUR, DIST. VIJAYANAGAR -583134. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. CHINMAY G.BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN P.C.R. NO.1/2022 PENDING ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND JMFC, KUDLIGI, PRIVATE COMPLAINT AND FIR IN KOTTUR P.S. CRIME NO.63/2022 REGISTERED FOR THE OFFENCE PUNISHABLE U/S 420, 470, 464 AND 268 R/W SECTION 34 OF IPC, ORDER SHEET, PRIVATE COMPLAINT AND FIR MARKED AT ANNEXURE-A, B AND C RESPECTIVELY. 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 present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking to quash the First Information Report (FIR) registered for offences punishable under Sections 420, 470, 464, and 268 read with Section 34 of the Indian Penal Code, 1860 (IPC), pursuant to a private complaint filed by the second respondent. - 3 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 2. The second respondent lodged a private complaint under Section 200 of Cr.P.C., alleging that although the college run by the petitioners was discontinued by the competent authorities from the academic year 2018-19, the petitioners admitted 67 students for the academic year 2020-21 without requisite recognition from the department or prior permission from the authorities. Further, it was alleged that some of the students obtained bus passes without following the due procedure, thereby causing loss to the exchequer. 3. The learned Magistrate, upon receiving the complaint, referred the same to the police under Section 156(3) of Cr.P.C. for investigation, leading to the registration of the FIR for the aforesaid offences. 4. Learned counsel for the petitioners submits that: • On the same allegations, an enquiry was conducted by the Department of Education, which ultimately approved the admissions of 67 students, subject to the payment of a fine of Rs.50,000/-. • The same order directed an enquiry into the alleged mismanagement of the school. • The said order was challenged by the petitioners in W.P. No.100377/2022, which was dismissed by the learned Single Judge. - 4 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 • Aggrieved by the said dismissal, the petitioners preferred an appeal in W.A. No.100141/2022, wherein a Division Bench of this Court, vide order dated 14.09.2023, allowed the appeal and: • Set aside the order refusing admission to students for the academic year 2020-21. • Set aside the direction for a separate enquiry into the alleged mismanagement of the institution. • Since the admissions were ultimately approved by the competent authority, the allegations in the FIR lose their basis, rendering the continuation of the investigation an abuse of process of law. 5. Learned counsel for the second respondent and learned Additional Government Advocate for the State argue that the allegations against the petitioners involve fraudulent admissions and procedural violations, and hence, require a thorough investigation. 6. The allegations in the complaint primarily pertain to the admission of students in an unrecognized institution and the alleged financial loss to the exchequer due to improper issuance of bus passes. However, the facts on record establish that: • The competent educational authority conducted an enquiry into the same allegations and validated the admissions, subject to a fine of Rs.50,000/-. - 5 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 • The Division Bench of this Court, in W.A. No.100141/2022, has set aside the order refusing admission to students and quashed the direction for an enquiry into mismanagement. • The allegations do not satisfy the essential ingredients of the offences invoked, particularly under Sections 420, 470, and 464 IPC, as there is no material evidence indicating fraudulent intent or forgery. 7. The Hon’ble Supreme Court in State of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335] has laid down guidelines for quashing criminal proceedings under Section 482 Cr.P.C., particularly where: • The allegations do not prima facie constitute an offence. • The FIR is lodged with mala fide intent. • The continuation of the proceedings would be an abuse of process of law. 8. Since the admissions have been regularized and the penalty imposed by the competent authority has been complied with, the very foundation of the FIR is negated. In such circumstances, permitting the continuation of the investigation would be unwarranted and legally unsustainable. - 6 - NC: 2025:KHC-D:2701 CRL.P No. 102283 of 2022 ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned FIR in registered Crime No.63/2022 by the Kottur Police Station, Kottur Circle, Vijayanagara District, as against the petitioners/accused Nos.1 to 4, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 69