- 1 - NC: 2025:KHC-D:937 CRL.P No. 103154 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103154 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: NAGARATNA S/O. BHUSHAN UMCHAGI AGE. 46 YEARS, OCCUPATION: HOUSEWIFE, R/AT. VASAVI APARTMENT, 3RD FLOOR, HOUSE NO. 203, DOLORS COLONY, HUBBALLI-DHARWAD, KARNATAKA-580030. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDYAGIRI POLICE STATION, DHARWAD, REP. BY ITS STATE PUBIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SMT. REKHA W/O. PADMARAJ SUNKAD AGE. 43 YEARS, OCCUPATION. HOUSEWIFE, R/AT. BASAVESHWARA NAGAR, 4TH CROSS, SATTUR, DHARWAD, TQ AND DIST: DHARWAD, KARNATAKA-580009. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE FOR R1; SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COGNIZANCE DATED 21.06.2024 AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER AS INITIATED BY VIDYAGIRI POLICE STATION IN B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 11:47:01 +0530 - 2 - NC: 2025:KHC-D:937 CRL.P No. 103154 of 2024 CRIME NO.125/2023 PENDING BEFORE THE III ADDL.SENIOR CIVIL JUDGE AND CJM, AT. DHARWAD IN CC NO.1224/2024 FOR THE OFFENCE PUNISHABLE U/S 406, 420, 417, R/W SECTION 34 OF IPC. 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 petitioner/accused No.2, who has been charge- sheeted for offences punishable under Sections 206, 420, and 417 read with Section 34 of the Indian Penal Code, 1860, has approached this Court seeking relief. 2. The prosecution’s case is that accused No.1 entered into an agreement of sale with the deceased husband of the complainant on 03.10.2016, agreeing to sell the subject property for a consideration of Rs.10,00,000/- and received an advance of Rs.6,60,000/-. After the death of her husband, the complainant requested accused No.1 to return the advance sale consideration. However, accused No.1, with the intent to defraud, failed to return the amount. The allegation against accused No.2 is that she acted as an attesting witness to the agreement of sale executed between accused No.1 and the deceased husband of the complainant. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2. - 3 - NC: 2025:KHC-D:937 CRL.P No. 103154 of 2024 4. The allegations indicate that accused No.1 entered into an agreement of sale with the deceased husband of the complainant and received the advance sale consideration. However, accused Nos.1 and 2 later sold the property to a third party and failed to return the advance payment, allegedly with the intent to defraud. 5. The agreement of sale was executed on 03.10.2016, but the complaint was lodged on 01.07.2023. Accused No.2 was merely an attesting witness to the agreement of sale. There is no evidence to substantiate that accused No.2 colluded with accused No.1 to induce the deceased husband of the complainant into the transaction with fraudulent intent. The advance payment was handed over to accused No.1, not to accused No.2. 6. The essential ingredients to establish the offences alleged against accused No.2 are absent. As such, the continuation of criminal proceedings against the petitioner/accused No.2 would amount to an abuse of the process of law. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in C.C. No.1224/2024 pending on the file of the III Additional Senior Civil Judge and JMFC, Dharwad, insofar as it - 4 - NC: 2025:KHC-D:937 CRL.P No. 103154 of 2024 relates to petitioner/accused No.2, the petitioner herein, is hereby quashed. iii) The Trial Court shall proceed against accused No.1 without being influenced by any of the observations made in this order. KMS Ct:vh List No.: 3 Sl No.: 7 Sd/- (HEMANT CHANDANGOUDAR) JUDGE