- 1 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101708 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SMT. VADRU HULIGEMMA W/O. VADRU HULUGAPPA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. H. NO.088, BACHIGONDANAHALLI-2 VILLAGE, H. B. HALLI TALUK, DIST. VIJAYANAGARA. …PETITIONER (BY SHRI ROHIT PATIL AND SHRI SHRIKANT T. PATIL, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH HAGARIBOMMANAHALLI P.S., R/BY. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580001. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS), PRAYING TO QUASH THE FIR IN CRIME NO.38/2025 DATED 12/03/2025 BY HAGARIBOMMANAHALLI P.S. AND ALL FURTHER PROCEEDINGS INITIATED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 465, 468 AND 471 OF IPC ON THE FILE OF ADDL. CIVIL JUDGE (SR. DN) AND CJM COURT, HAGARIBOMMANAHALLI, VIJAYANAGARA DIST. IN SO FAR AS PETITIONER HEREIN-ACCUSED IS CONCERNED, IN THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Rohit T.Patil and Shri Shrikant T.Patil., the learned counsels for the petitioner and Shri Abhishek Malipatil., the learned High Court Government Pleader for respondent – State. 2. The petitioner – accused has filed this petition under Section 482 of Cr.P.C., [528 of BNSS, 2023], praying to quash the entire proceedings in FIR in Crime No.38/2025 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 420, 465, 468 and 471 of IPC, pending on the file of learned Additional Senior Civil Judge and CJM, Hagaribommanahalli, Vijayanagara District. 3. Brief facts of the prosecution case is as under; The de facto complainant/Revenue Inspector of Hagaribommanahalli, Taluka Office, has filed a complaint - 3 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 against the petitioner alleging that the petitioner submitted a fabricated document for the purpose of effecting a khata change in respect of land bearing Sy.No.606/B1 of Bachighondanahalli, Hagaribommanahalli taluk. Hence, a case was registered against the petitioner- accused, which led to registration of FIR and initiation of investigation. Taking exception to the same, the petitioner has filed this petition. 4. Learned counsel for the petitioner contended that petitioner is innocent of the alleged offences, she has not committed any offence; soon after the death of husband of petitioner, she filed an application for change of khata, whose name was duly recorded in all revenue records. In support of his argument, he has furnished the Record of Rights of the year 1962, 1968-1979. Hence, continuation of criminal proceedings insofar as the petitioner is concerned, is an abuse of process of law. Thus, he prayed to quash the entire proceedings. - 4 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 5. Learned High Court Government Pleader for respondent – State contended that there is a prima-facie material against the petitioner and petitioner has forged the documents. Thus, he prayed for dismissal of the petition. 6. Perused the material available on record. 7. Upon perusal of the material available on record, it appears that the de facto complainant lodged a complaint to the Hagaribommanahalli police station alleging that the petitioner submitted a forged document for change of Khata in respect of the land bearing Sy.No.606/B1 of Bachighondanahalli, Hagaribommanahalli taluk measuring 5-Acres 38-Guntas. In the instant case, the petitioner-accused has furnished the grant certificate dated 10.05.1962, wherein, the name of Waddar Hulagappa S/o Ramanna is mentioned as owner of the property in respect of the land bearing Sy.No.606/B1 measuring 5-Acre 38-Guntas. The petitioner has also - 5 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 submitted the Record of Rights for the year 1962 till 1979, wherein, the name of Waddar Hulagappa is shown as owner and Khatedar of the land. Further, the proceedings of Tahasildar, Hagaribommanahalli dated 18.05.2023 reveals that the Tahasildar passed an order mutating the name of present petitioner in respect of land bearing Sy.No.606/B1 measuring 5-Acre 38-Guntas. However, on 12.03.2025, the de facto complainant has filed the present case. 8. At this juncture, the de facto complainant failed to show dishonest intention on the part of the petitioner. Since petitioner is the wife of deceased Waddar Hulagappa, the question of creating the document, would not arise. It is not disputed that the petitioner herein is the wife of deceased Waddar Hulagappa. When such being the case, creating of forged document for change of Khata in respect of the aforesaid land, would not arise and if criminal case is continued against the petitioner, would be an abuse of process of law. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025 ORDER The petition is allowed. The entire criminal proceedings in Crime No.38/2025 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 420, 465, 468 and 471 of IPC, pending on the file of learned Additional Senior Civil Judge and CJM, Hagaribommanahalli, Vijayanagara District, is hereby quashed. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 2 Sl No.: 32