- 1 - HC-KAR NC: 2025:KHC:47233 CRL.P No. 3255 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 3255 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. NARAYANAMMA W/O SREENIVAS AGED ABOUT 54 YEARS RESIDING AT: BALEPUR VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGALURU DISTRICT-562 129. 2. SRI. SREENIVAS S/O LATE BHEEMANNA AGED ABOUT 63 YEARS RESIDING AT: BALEPUR VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGALURU DISTRICT-562 129. 3. SRI. SUNIL S/O SREENIVAS AGED ABOUT 30 YEARS RESIDING AT: BALEPUR VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGALURU DISTRICT-562 129. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47233 CRL.P No. 3255 of 2021 AND: 1. THE STATE OF KARNATAKA BY CHENNARAYAPATAN POLICE STATION VIJAYAPURA CIRCLE BENGALURU DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU. 2. SRI. ANANTHARAMAYYA C S/O LATE CHIKKASHYANAYYA AGED ABOUT 49 YEARS RESIDING AT: KEMPEGOWDA LAYOUT LAGGERE, BENGALURU-560 058. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIRST INFORMATION REPORT AND COMPLAINT AND ALL PENDING AND FURTHER PROCEEDINGS PURSUANT TO THE REGISTRATION OF THE FIR REGISTERED BY THE RESPONDENT POLICE IN CHENNARAYAPATANA POLICE STATION, CRIME NO.17/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 R/W 34 OF IPC, NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI AS AGAINST THE PETITIONERS HEREIN. THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47233 CRL.P No. 3255 of 2021 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent no.2 filed a complaint with respondent no.1-Police alleging that the petitioners herein sold him a site by way of a registered sale deed dated 13.12.2017. However, on verification it was found that the petitioners did not have a valid title to the said property and the said property was not converted for residential use and hence, the purchaser was not in a position to obtain the necessary khata. On the said allegation, Crime No.17/2021 has been registered on the file of Prl. Civil Judge (Jr. Dn) & JMFC Court, Devanahalli, Bengaluru Rural District. 2. It is seen from the complaint averments that, respondent no.2 has purchased an immovable property from the petitioners. At the time of the purchase it is his responsibility to verify the title deeds and thereafter purchase the same. It is not the case of the complainant that the petitioners have misrepresented to respondent no.2 as to their title. It is also not the case of the complainant that - 4 - HC-KAR NC: 2025:KHC:47233 CRL.P No. 3255 of 2021 petitioners have concocted certain documents and believing them to be true the complainant has purchased the property. If petitioners have failed to convey a good title to respondent no.2, he is always at liberty to initiate appropriate civil proceedings against them and sue them for compensation. However, the transaction cannot be termed criminal in nature. No ground is made out to invoke the provisions of Sections 406 and 420 of IPC in the instant case. Further, Sections 406 and 420 of IPC, the provisions under which Crime No.17/2021 is registered, are mutually destructive and a single act cannot attract the provisions of both 406 and 420 of IPC. 3. As this is a clear case of a civil transaction given a criminal colour, I am of the opinion that criminal proceedings against the petitioners cannot be sustained. Hence, the following: ORDER 1. The FIR in Crime No.17/2021 pending on the file of Prl. Civil Judge (Jr. Dn) & JMFC Court, - 5 - HC-KAR NC: 2025:KHC:47233 CRL.P No. 3255 of 2021 Devanahalli, Bengaluru Rural District insofar as it relates to the petitioners herein are concerned stands quashed; 2. The criminal petition stands allowed accordingly. Pending I.As., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 17