- 1 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.11198 OF 2024 BETWEEN: 1. SMT. NAGAVENI W/O PRAKASH, D/O NANJAPPA, AGED ABOUT 42 YEARS, R/AT MUTHKUR VILLAGE, VARTHUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 087. 2. SMT. JAMUNA W/O BASAVARADHYA, D/O NANJAPPA, AGED ABOUT 38 YEARS, R/AT BENNIGANA HALLI, KRISHNARAJAPURA TALUK, BENGALURU DISTRICT - 560 036. …PETITIONERS (BY SRI. N.SRIDHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, BENGALURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 2. SMT. KUMUDHA R W/O RAMAKRISHNAN, AGED ABOUT 65 YEARS, R/AT MEENAKSHI MANAR APARTMENT, ARUNACHALAM CROSS ROAD, K K PUDUR, COIMBATORE, TAMIL NADU STATE - 641 038. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. DHANANJAYA C P., ADVOCATE FOR R2) THIS CRL.P IS FILED U/SEC.482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH ENTIRE PROCEEDINGS ON THE FILE OF THE II ADDL. CIVIL JUDGE (Jr. Div) AND JMFC COURT, ANEKAL, IN CR.NO.305/2024 FOR THE OFFENCES PUNISHABLE U/S 420, 465, 467, 468, 471 OF IPC AND GRANT ANY SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings pending in Crime No.305/2024 of Hebbagodi Police Station for the offence punishable under Sections 420, 465, 467, 468 and 471 of IPC on the file of the II Additional Civil Judge (Jr. Dvn) and JMFC Court, Anekal. - 3 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 2. Respondent No.2 – the Defacto Complainant, has lodged a written complaint alleging that though the petitioners’ father, late Nanjappa, along with other family members, had executed two registered sale deeds dated 17.12.2005 in respect of the disputed properties, after the demise of Nanjappa, who was himself a signatory to the said sale deeds, his legal heirs, including the present petitioners, have instituted a collusive suit with full knowledge that the properties had already been conveyed in favour of the Defacto Complainant. It is alleged that by suppressing the earlier registered conveyances, the petitioners and other family members managed to secure a collusive compromise decree and thereafter, started asserting right and title over the very same properties. The complaint further discloses that the petitioners and their family members are also making attempts to alienate the properties in favour of third parties despite there being a valid and subsisting conveyance in favour of the complainant. On these allegations of forgery, fabrication of - 4 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 documents and cheating, the complaint was registered, culminating in Crime No.305/2024. 3. The present petitioners, who are arrayed as accused Nos.7 and 8 in the said proceedings, have approached this Court seeking quashing of the criminal proceedings. It is their specific contention that they have not fabricated any documents and hence, the essential ingredients of the offences punishable under Sections 420, 465, 467, 468, and 471 of IPC are not attracted against them. According to the petitioners, the registered sale deeds of 2005 were executed by their father Nanjappa under collusion and in a manner detrimental to the interest of the joint family and therefore, a suit came to be filed by them which ultimately culminated in a compromise decree. Thus, the defence of the petitioners is that the civil dispute is being given a criminal colour at the instance of the complainant. 4. However, upon examination of the material produced by the Defacto Complainant, it is evident that - 5 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 the petitioners’ father Nanjappa, along with other co-owners, had indeed sold the subject properties to the Defacto Complainant under two registered sale deeds dated 17.12.2005. Despite such a clear and valid conveyance in favour of the complainant, the family members, including the petitioners, deliberately included the very same properties in O.S.No.120/2014 and managed to obtain a compromise decree. This sequence of events has prima-facie compelled the Defacto Complainant to lodge the present complaint. At this stage, it is also to be noted that the matter is still under investigation and the Investigating Officer has already collected relevant title deeds and documents pertaining to the civil proceedings for the purpose of ascertaining whether the petitioners and other accused are indeed guilty of the offences alleged. 5. In the above circumstances, this Court is of the considered opinion that the petitioners have not made out any case for exercise of the inherent powers of this Court - 6 - HC-KAR NC: 2025:KHC:34667 CRL.P No. 11198 of 2024 under Section 482 of Cr.P.C. to quash the proceedings. Whether the petitioners are guilty of the alleged offences or not is a matter for investigation and subsequent trial, and it would be wholly premature to interfere with the investigation at this stage. 6. In view of the above, this Court proceeds to pass the following; ORDER (i) The petition is dismissed. (ii) However, while dismissing the petition, it is directed that the Investigating Officer shall carry out the investigation strictly in accordance with law, uninfluenced by any observations made herein, and shall conclude the same expeditiously. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7