- 1 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 13813 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. JERALD CUTINHO S/O LATE SYLVESTER CUTINHO AGED ABOUT 51 YEASR RESIDING AT NO.2-250 GREEN GARDEN MIYAR VILLAGE KARKALA TALUK UDUPI DISTRICT-574 107. …PETITIONER (BY SRI. RAJESH A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALORE SOUTH POLICE STATION MANGALORE-575 001. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. MRS. AMARSHREE AMARNATH SHETTY D/O LATE AMARNATH SHETTY AGED ABOUT 43 YEARS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 RESIDING AT NO.3-237 GANDHINAGAR MOODABIDRI TALUK DAKSHINA KANNADA DISTRICT MANGALORE-574 227. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VENUGOPAL M.S., ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE REGISTRATION OF THE FIR IN CR.NO.167/2023 OF THE MANGALORE SOUTH POLICE STATION, MANGALORE CITY, AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 465, 468, 511 OF INDIAN PENAL CODE ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M. COURT, MANGALORE CITY. THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 ORAL ORDER Father of respondent no.2 is said to have owned a Cinema Theatre called Amarashree Chitramandira at Marpadi Village, Moodabidre Taluk, Dakshina Kannada District and appointed the petitioner herein as the Manager of the said Cinema Hall. The father of respondent no.2 is said to have died on 27.01.2020. Thereafter respondent no.2 has tried to change the documents pertaining to the cinema theatre into her name and also obtain necessary NOCs from various departments to continue the functioning of cinema theatre. At that time, respondent no.2 is said to have realized that the petitioner had applied for NOC's in the name of the deceased father of respondent no.2 by forging the signature. Aggrieved by the same, a complaint has been lodged by respondent no.2 with respondent no.1-Police which has been registered in Crime No.167/2023 on the file of II Additional Senior Civil Judge and C.J.M. Court, Mangaluru under Sections 406, 420, 465, 468 and 511 of IPC. 2. The case of the petitioner is that, he is not the owner of the cinema theatre at all. He submits that there was an agreement for management between the petitioner and the father - 4 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 of respondent no.2 and he was managing all the affairs of the Cinema Theatre and his rights in respect of the said theatre stems from that agreement of management and no other document. It is further submitted he never tried to pose as the owner of the Cinema Hall. As the permissions, licenses and NOCs were coming to an end, on behalf of the management he has applied for renewal of the same and not in his personal capacity or by forging signature of any person. On the said ground it is prayed that the petition be allowed and the proceedings against the petitioner be quashed. 3. The learned High Court Government Pleader submits that the dispute is essentially civil in nature and he has no objection for quashing the same. 4. Learned counsel for respondent no.2 upon instruction submits that he has no objection for quashing the proceedings against the petitioner if the petitioner does not make any claim in respect to the property concerned. However, he submits that agreement of management executed by her late father has expired and presently petitioner has no right over the same. 5. The facts reveal that the dispute on hand is essentially civil in nature. The petitioner has admitted that the legal heirs of - 5 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 deceased Amarnath Shetty are the actual owners of the property and petitioner has no right over the same. He has further claimed rights only in respect of management of the Cinema Hall, which is disputed by respondent no.2. It is further submitted by the parties that a civil suit in this regard is pending. Learned counsel for petitioner further submits that he has no objection for respondent no.2 to obtain all NOCs, permissions and licences to run the Cinema Hall subject to right of the petitioner as per the agreement for management executed by deceased Amarnath Shetty in his favour. Learned counsel for respondent no.2 has no objection for the same. 6. Hence, the following: ORDER 1. The proceedings in Crime No.167/2023 pending on the file of II Additional Senior Civil Judge and C.J.M. Court, Mangaluru against the petitioner herein stand quashed; 2. It is needless to state that the parties are at liberty to agitate their rights in respect of the - 6 - HC-KAR NC: 2025:KHC:46936 CRL.P No. 13813 of 2023 management of the Cinema Hall in accordance with law; 3. It is hereby made clear that the observations made hereinabove are for disposal of the instant case and the parties are given liberty to workout their remedies pursuant to the management agreement in accordance with law; 4. The criminal petition stands allowed accordingly. Pending IAs., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 39