- 1 - NC: 2025:KHC-D:179 CRL.P No. 103071 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103071 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. FAKRUDDIN @ G. H. FAKRUDDIN S/O. LATE G. HUSSAIN SAB, AGE. 60 YEARS, OCC. BUSINESS, R/O.H.NO.90, WARD NO.11, JUMMA MASIDI STREET, BALLARI-583101. P- R/AT.CUMMING ROAD, H.NO.90, 4TH WARD, PINJARA ONI, JUMMA MASIDI STREET, BALLARI-01. …PETITIONER (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BRUCEPETE POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580001. 2. SRI. UMESH M. S/O. LATE MURTHY AGE. 37 YEARS, OCC. SUB REGISTRAR, OFFICE OF SENIOR SUB REGISTRAR, STATION ROAD, BALLARI-583101. …RESPONDENTS (BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.636/2022 PENDING ON THE FILE OF COURT OF FIRST ADDL.CIVIL JUDGE AND JMFC, BALLARI REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420, 465, 466 AND 471 OF IPC IN BRUCEPET P.S. CRIME NO.32/2022, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONERS ARE CONCERNED.IA NO.01/2024 FOR DISPENSATION. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.18 10:42:05 +0530 - 2 - NC: 2025:KHC-D:179 CRL.P No. 103071 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing charges for offences punishable under Sections 420, 465, 471, and 468 of the Indian Penal Code (IPC), is before this Court seeking relief. 2. The prosecution’s case is that the petitioner allegedly fabricated the khata document to falsely show that the property in question stood in the name of his mother. Based on this fabricated document, the petitioner executed a registered gift deed in his favor. The petitioner’s brother subsequently filed a complaint with the jurisdictional Sub-Registrar, alleging that the petitioner had used the fabricated khata to secure the registered gift deed. Based on the said complaint, respondent No.2 lodged a First Information Report (FIR) with the jurisdictional police. After investigating the matter, the police filed a charge sheet for the aforesaid offences. 3. The learned counsel for the petitioner submitted that the registered gift deed in favor of the petitioner was executed on 04.08.2018, and a civil suit was filed on 14.12.2021 seeking partition and a declaration that the gift deed is null and void. During the pendency of this civil suit, respondent No.2, at the instance of the petitioner’s brother, lodged the FIR. It was further argued that while the Commissioner of the City Municipal Corporation, Bellary, has been cited as a witness, his statement has not been recorded. - 3 - NC: 2025:KHC-D:179 CRL.P No. 103071 of 2024 The learned counsel contended that the case of the prosecution relies entirely on an endorsement issued by the Corporation, and in the absence of corroborative material to substantiate the allegations, the continuation of criminal proceedings amounts to an abuse of process of law. 4. In response, the learned High Court Government Pleader for respondent No.1 – State argued that the endorsement issued by the Commissioner of the City Municipal Corporation, Bellary, clearly establishes that the property in question was not in the name of the petitioner’s mother. The petitioner allegedly fabricated the khata and, based on the fabricated document, executed the registered gift deed in his favor. It was submitted that the veracity of these allegations can only be determined during the trial and not at this stage. The learned Government Pleader argued that the charge sheet materials establish a prima facie case against the petitioner. 5. After considering the arguments of the learned counsel for both parties, the following is noted: 6. The registered gift deed in question was executed by the petitioner’s mother on 04.08.2018 in favor of the petitioner concerning the subject property. The petitioner produced a copy of the extract of the tax register maintained by the City Municipal Corporation, Bellary, which indicated that the subject property stood in the name of his mother, Smt. G. Gudu Bee @ Thippamma, wife of late G. Hussain Sab. - 4 - NC: 2025:KHC-D:179 CRL.P No. 103071 of 2024 7. Subsequently, the petitioner’s brother made a request to the Commissioner of the City Municipal Corporation, Bellary, seeking information about the khata of the subject property. In response, the Corporation issued an endorsement dated 04.01.2022, stating that the name of Smt. G. Gudu Bee @ Thippamma was not reflected in Volume No.28, Page No.12 of the tax register. 8. A perusal of the extract of the tax register, however, reveals that the property is reflected at Page No.134, Volume No.13. Furthermore, the statement of the officer who issued the endorsement has not been recorded to substantiate that the khata produced by the petitioner during the registration of the gift deed was fabricated. 9. It is noted that the dispute concerning the validity of the gift deed, allegedly executed based on a fabricated document, is currently pending adjudication before the Civil Court. The petitioner’s brother has filed a civil suit seeking partition and a declaration that the gift deed is null and void. Therefore, when the dispute in relation to the gift deed registered on the basis of alleged fabricated document is pending consideration in a suit, continuation of the criminal proceedings would amount to an abuse of process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. - 5 - NC: 2025:KHC-D:179 CRL.P No. 103071 of 2024 ii) The impugned proceedings in CC No.636/2022 pending on the file of the learned I Additional Civil Judge and JMFC, Bellari stands quashed. However, the Trial Court is hereby directed to adjudicate the claim of partition and validity of gift deed in OS No.349/2021 without being influenced by any of the observations made in this order and to adjudicate only on the basis of available material on record. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 40