- 1 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9841 OF 2017 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 9842 OF 2017 CRIMINAL PETITION NO. 9843 OF 2017 CRIMINAL PETITION NO. 9844 OF 2017 IN CRL.P No. 9841/2017 BETWEEN: 1. SRI. R. BALAJI AGED ABOUT 48 YEARS, S/O RAJU J NO.3108, NEAR KRISHNA TEMPLE VHBCS 4TH PHASE LAYOUT, GIRINAGAR, BENGALURU-560 085 2. SRI SUNIL KUMAR.T.S S/O SANJEEVE GOWDA AGED ABOUT 34 YEARS, NO.9, 1ST MAIN ROAD, SIDDAGANGAPPA BUILDING THYAGARAJANAGAR BENGALURU-560 028 3. SRI ROBALDO S/O H B SALINS AGED ABOUT 36 YEARS, NO.128, 3RD BLOCK, THYAGARAJANAGAR BENGALURU-560 028 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 4. SRI KEMPE GOWDA S/O NARAYANA GOWDA, AGED ABOUT 24 YEARS, 11/12, 18TH MAIN, 50 FT ROAD, MUNESHWARA BLOCK, BENGALURU-560 026 5. SRI G DINESH KUMAR S/O GOVINDA SWAMY AGED ABOUT 38 YEARS, 4191, SEETHA CIRCLE VHBCS 4TH PHASE LAYOUT GIRINAGAR, BENGALURU-560 085 …PETITIONERS (BY SRI.TOMY SEBASTIAN, SR.COUNSEL FOR SRI. RENY SEBASTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, GIRINAGAR BENGALURU CITY REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 2. SRI T N THIMMARAJACHAR S/O LATE NARASIMHACHAR NO.491, 14TH MAIN, 1ST CROSS SBM COLONY, SRINIVASA NAGAR BENGALURU-560 050 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.RAJAGOPALA NAIDU, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B),384,420,423,424,447,464,477(A) R/W 34 OF IPC, 1860. IN CRL.P NO. 9842/2017 BETWEEN: 1. SMT. VIJAYALAKSHMI GOPAL (EX DIRECTOR VISHWABHARATHI HBCS) W/O B N GOPAL, MAJOR IN AGE, R/AT 989, 11TH CROSS, 2ND MAIN, SBM COLONY, BSK 1ST STAGE, BENGALURU-560050 2. SRI. BYRAIAH (EX DIRECTOR VISHWABHARATHI HBCS) AGED ABOUT 58 YEARS, S/O LATE. MUDALINGAIAH, R/AT NO. 249/S (NEW), 255, 2ND C CROSS, 1ST PHASE, ADDITIONAL, GIRINAGAR, BENGALURU-560085 3. MR. N MANJUNATH (EX DIRECTOR VISHWABHARATHI HBCS) S/O. LATE. NAGARAJ, AGED ABOUT 51 YEARS, R/AT NO. 252, 3RD CROSS, DOLLARS COLONY, AFTER CHINMAYA MISSION, BTM LAYOUT, 2ND STAGE, BENGALURU-560076 - 4 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 4. SMT. B SHAKUNTALA (EX VICE PRESIDENT VISHWABHARATHI HBCS) W/O. B N RAJU, AGE 65 YEARS, R/AT NO. 638, 10TH B MAIN, 31ST CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU-560011 5. SRI. D M NANDA KISHORE (EX DIRECTOR VISHWABHARATHI HBCS) S/O D B MADAN GOPAL, AGE 58 YEARS, R/AT NO. 1661/49, 5TH CROSS, BSK 1ST STAGE, BENGALURU-560050 6. SRI. LAKSHMAN R (EX DIRECTOR VISHWABHARATHI HBCS) S/O. RAJA RAO, AGE 59 YEARS, R/AT NO. 83, GURUKRUPA, E.A.T ROAD, BASAVANAGUDI, BENGALURU-560004 7. SRI. SEETHARAM PRASAD P (EX DIRECTOR VISHWABHARATHI HBCS) S/O P SATHYANARAYANA, AGE 48 YEARS, R/AT NO. 57/B, 6TH MAIN, 1ST CROSS, HANUMANTHANAGAR, BENGALURU-560019 8. SMT. M S SHANTALA (EX DIRECTOR VISHWABHARATHI HBCS) W/O A R DEVABHANU, AGE 44 YEARS, R/AT 405, 2ND STAGE, 7TH MAIN, - 5 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER A-BLOCK, MALLESHWARAM WEST POST, BENGALURU-560055 9. SRI. NARAYANA (EX DIRECTOR, VISHWABHARATHI HBCS) S/O. VENKATAPPA, AGE 72 YEARS, R/AT NO. 42, 15TH MAIN, GIRINAGAR, 2ND PHASE, KASTURBA COLONY, BENGALURU-560085 10. SRI. N VINAY (EX DIRECTOR, VISHWABHARATHI HBCS) S/O. LATE. S NAGARAJA RAO, AGE 45 YEARS, R/AT 15, 6TH A MAIN, 4TH CROSS, JP NAGAR, III PHASE, BENGALURU-560078 11. MR. Y A SUDHAKAR BABU (EX DIRECTOR, VISHWABHARATHI HBCS) S/O Y A ASHWATHNARAYAN RAO, AGE 55 YEARS, R/AT SHANKARPURAM, OPP. SHANKARPURAM POLICE STATION, BENGALURU-560004 ...PETITIONERS (BY SRI.TOMY SEBASTIAN, SR.COUNSEL FOR SRI. RENY SEBASTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, - 6 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER BENGALURU CITY, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 2. SRI. T N THIMMARAJACHAR S/O LATE. NARASIMHACHAR, NO. 491, 14TH MAIN, 1ST CROSS, SBM COLONY, SRINIVASA NAGAR, BENGALURU-560050 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.RAJA GOPALA NAIDU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC, 1860. IN CRL.P NO. 9843/2017 BETWEEN: 1. SRI. H. V. VADHIRAJ (EX. SECRETARY, VISHWABHARATHI HBCS) AGED ABOUT 40 YEARS, S/O LATE VAMANA H V RESIDING AT SHRI HAYAGREEVA NO.178 (11), 11TH MAIN HANUMANTHANAGAR BENGALURU-560 019 - 7 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 2. SRI K JAYARAM AGED ABOUT 75 YEARS, S/O LATE K KRISHNAMURTHY EX-PRESIDENT VISHWABHARATHI HBCS LTD., NO.891, "ANUGRAHA" 2ND MAIN MANJUNATHASWAMY TEMPLE ROAD, SBM COLONY, BENGALURU-560 050 ...PETITIONERS (BY SRI.TOMY SEBASTIAN, SR. COUNSEL FOR SRI. RENY SEBASTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE BENGALURU CITY REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 2. SRI T N THIMMARAJACHAR SON OF LATE NARASIMHACHAR NO.491, 14TH MAIN, 1ST CROSS, SBM COLONY, SRINIVASA NAGAR BENGALURU-560 050 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN, HCGP FOR R1; SRI.RAJAGOPAL NAIDU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF REFERENCE, PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN - 8 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 120(B),384,420,423,424,447,464,477(A) R/W 34 OF IPC, 1860. IN CRL.P NO. 9844/2017 BETWEEN: 1. SRI. K. R. SATHYANARAYANA S/O K RAMASWAMY AGED ABOUT 56 YEARS, R/AT NO.905/85, 4TH MAIN 5TH CROSS, VIDYARANYAPURAM MSYORE-570 008 2. SMT DAKSHAYINI W/O SRI K R SATHYANARAYANA MAJOR IN AGE R/AT NO.905/85, 4TH MAIN 5TH CROSS, VIDYARANYAPURAM MYSORE-570 008 ...PETITIONERS (BY SRI.TOMY SEBASTIAN, SR. COUNSEL FOR SRI. RENY SEBASTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, GIRINAGAR BENGALURU CITY REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 - 9 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 2. SRI T N THIMMARAJACHAR SON OF LATE NARASIMHACHAR NO.491, 14TH MAIN, 1ST CROSS SBM COLONY, SRINIVASA NAGAR BENGALURU-560 050 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.RAJAGOPALA NAIDU, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B),384,420,423,424,447,464, 477(A) R/W 34 OF IPC, 1860. THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI COMMON ORDER These petitions are filed under Section 482 Cr.P.C. to quash the criminal proceedings in PCR.No.7989/2017, on the file of LVI ACMM, Bengaluru (Cr.No.311/2017) of Girinagar P.S for the offences punishable under Sections 120-B, 384, 420, 424, 427, 447, 464, 477(A) r/w 34 IPC. - 10 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 2. Crl.P.No.9841/2017 is filed by accused Nos.19 to 23. 3. Crl.P.No.9842/2017 is filed by accused Nos.4 to 14. 4. Crl.P.No.9843/2017 is filed by accused Nos.2 and 3. 5. Crl.P.No.9844/2017 is filed by two persons who are arraigned as accused No.17. 6. In support of the petition, the petitioners have contended that accused No.1 Vishwabarathi House Building Co-operative Society ('Society' for short), is a Society registered with the Registrar of Co-operative Societies. Its object is to form residential layouts and allot sites to its members. There are several members in the said Society. It formed Phase-IV Layout in Girinagar, Bengaluru City by entering into an agreement of sale with the landlords of large extent of land, which were notified for acquisition by BDA and acquired. - 11 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 6.1 The then President B.Krishna Bhat formed layouts and executed sale deeds in the name of its members only on the basis of agreement of sale, without Society in fact acquiring the said lands. Several of the members made representation to the Government. They also filed writ petitions. The Hon'ble High Court directed the Government to consider the request of the Society for bulk allotment of land on the Society making remittance of cost of such bulk allotment, so as to enable it to regularize the allotment of sites to its members on seniority basis. 6.2 Accordingly, the Government directed BDA for additional allotment of lands upon which the Society had formed unauthorized layout and made allotment to its members, against Society making payment of cost of such bulk allotment to the BDA. Since there was considerable delay on the part of BDA to implement the order of Government, several writ petitions were filed by the aggrieved members as well as the Society. They were - 12 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER disposed of and also guidelines were issued with a direction to the BDA for bulk allotment. 6.3 Seeking quashing of the criminal proceedings, the petitioners have contended that the allegations made in the complaint do not make out any of the offences. The Society was not represented by the petitioners prior to 22.03.2010 and therefore they cannot be held liable. There is no application of mind. The order taking cognizance is contrary to the several judgments of Hon'ble Supreme Court of India. The bulk allotment was made as per order dated 04.10.2007 and the claim of respondent No.2 that he was allotted site on 11.08.1985 is false. The status-quo order granted by the trial Court in O.S.No.374/2016 was vacated on 11.02.2016. Against it, respondent No.2 has filed MFA.No.1329/2016 (CPC) and it is pending. The grievance of respondent No.2 is that the Society has executed a supplementary sale deed on 30.11.2013 in favour of accused No.18. It does not - 13 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER constitute any offence. He could challenge the same before the Registrar of Co-operative Societies. After the disqualification of Sri.B.Krishna Bhat, on 17.08.2009, the affairs of the Society is supervised by Registrar of Societies and there was no meddling with its affairs by the Society or any of the office bearers. 6.4 Respondent No.2 is a court bird and he is litigating against the Society since several years. He has also sworn to a false affidavit that his family members are not owning a site. In fact, his wife is allotted a site in Girinagar II Phase. Verbatim complaints were filed by the advocate for respondent No.2 and they have been settled vide reference to Lok Adalath. He is the brain child behind this complaint. Continuation of the proceedings would amount to abuse of the process of the Court and hence the petitions. 7. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: - 14 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER (i) Priyanka Srivastava Vs. State of Uttar Pradesh (Priyanka Srivastava)1 (ii) Maksud Saiyed Vs. State of Gujarat & Ors. (Maksud Saiyed)2 (iii) Om Prakash Ambadkar Vs. State of Maharashtra and Ors. (Om Prakash Ambadkar)3 8. On the other hand learned counsel for respondent No.2 would submit that respondent No.2 is one of the member of the Society with membership No.12052 dated 20.07.1995. He has paid Rs.101.62 ps. towards membership fees on 11.08.1985. The Society has also collected Rs.30,000/- on 11.08.1995 for allotment of Site No.986 measuring 30 x 50 ft. He also paid development charges of Rs.30,000/- on 20.07.1985 and he has been issued with possession certificate on 10.08.1996 and it was delivered to him on 12.08.1996. Further he has made payment of Rs.20,000/- on 17.03.2002 to the Society 1 (2015) 6 SCC 287 2 Appeal(Crl)No.1248/2007 Dt: 18.09.2007 3 Crl.A.No.352/2020 Dt 16.01.2025 - 15 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER towards miscellaneous expenses and Rs.2 lakhs on 16.07.2003 to the Society for registering the site. 9. However, on 30.11.2013, the Society has allotted Site No.986 through a supplementary deed referring it as Site No.4077 in the name of C.R.Gopalakrishna, who was not even a member, describing its measurement as 1500 Sq.ft. The said C.R.Gopalakrishna has filed O.S.No.2570/2014 and on the basis of false affidavit has secured interim order of status- quo. On 12.07.2015, he has filed a false affidavit stating that matter is settled and withdrew the same. He got Khata transferred in his name and with the help of accused No.19 to 26 demolished the shed put up by respondent No.2. Accused No.18 filed a false complaint against complainant on 16.07.2015 and he was warned of dire consequences, if he remove the name board of accused No.18. Though he has filed complaint, the concerned police have not taken steps. Since the higher police - 16 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER officers did not take any action, he has filed the private complaint. Matter requires detailed investigation and pray to dismiss the petitions. 10. In support of his arguments, learned counsel for respondent No.2 has relied upon the decision in Sri.Srinivas Vs. State of Karnataka and Anr. (Srinivas)4. 11. Heard arguments and perused the record. 12. It is pertinent to note that in the complaint, the complainant has also arraigned the Government officials such as Registrars, Joint Registrars and Addl.Registrars of Co-operative Societies, Sub-registrars, Chartered Accountant, Senior Auditor of Co-operative Societies. The rest of the accused are members of the Society in question. 4 Crl.P.No.101206/2024 Dt: 23.11.2024 - 17 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 13. The grievance of the complainant is that he became member of the Society on 11.08.1985 and made various payments, including sum of Rs.20,000/- miscellaneous charges, Rs.30,000/- development charges and Rs.2 lakhs for registration. Site No.986 was allotted to him on 11.08.1985. Later, the Society has allotted the same site to one C.R Gopalakrishna on 30.11.2013, through a supplementary deed by showing it as Site number as 4077 and measurement as 1500 Sq.ft. 14. On the other hand, it is specific contention of the petitioners that though the Society entered into agreement of sale with landlords by paying huge amount, it appears said lands were already notified and acquired by BDA and when several writ petitions were filed before the High Court, on the directions of the High Court, the BDA made bulk allotment to the Society. Only after said bulk allotment, on the basis of seniority, sites were allotted to - 18 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER the members and on 11.08.1985 no sites were available with the Society to make allotment to the complainant. 15. From the material placed on the record, it is evident that complainant and C.R. Gopalakrishna are claiming same property as allotted to them. In this regard Civil suits are filed and being agitated before the Civil Court. In this background the complainant has chosen to file a private complaint against 34 persons, including many of the Government officials. Having regard to the fact that those of petitioners who are the members of the Society and complainant are having rival claims against each other, unless and until dispute is decided and resolved by the Civil Court and a finding is given to the effect that a valid allotment was made in favour of the complainant, he cannot prosecute the petitioners on the allegation of trespass, cheating, extortion, etc., It is purely a civil dispute which is tried to be given a colour of criminal offence. - 19 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 16. In the complaint, the complainant has pleaded that he filed complaint with the concerned police and on their failure he has approached the higher police officers and when they also did not respond, he is forced to file private complaint. However, he has not produced the said documents. Therefore, the directions given in Priyanka Srivastava, referred to supra, are not complied with. The complainant also not filed affidavit and reiterating these facts to bind himself, if ultimately it is found that he has filed a false complaint. 17. In Om Prakash Ambadkar, referred to supra, the Hon'ble Supreme Court held that before referring the complaint for investigation to the concerned police, it is the duty of the concerned Magistrate to apply mind for the purpose of ascertaining whether allegations leveled in the complaint constitute any cognizable offence or not. In other words, the Magistrate may not undertake the exercise to ascertain whether the complaint is false - 20 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER otherwise, however, the Magistrate is obliged before he proceed to pass an order for police investigation to closely consider whether the necessary ingredients to constitute the alleged offence are borne out on plaint reading of the complaint. 18. The trial Court without examining whether the complaint is tenable against some of the Government official has in a mechanical manner referred it for investigation. Under Section 70 of Karnataka Co-operative Societies Act, petitioner has approached Registrar of the Co-operative Societies for redressal. He has also challenged the order passed by him. He may get relief therefrom. Any how complainant is at liberty to get the dispute decided by the Civil Court. 19. For the above reasons this Court is of the considered opinion that continuation of criminal proceedings will amount of abuse of process of the Court and as such liable to be quashed. - 21 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER 20. In the result, petitions succeed and accordingly, the following: ORDER (i) Crl.P.No.9841/2017 filed by accused Nos.19 to 23, Crl.P.No.9842/2017 filed by accused Nos.4 to 14, Crl.P.No.9843/2017 filed by accused Nos.2 and 3 and Crl.P.No.9844/2017 filed by two persons who are arraigned as accused No.17 under Section 482 Cr.P.C are hereby allowed. (ii) The impugned order dated 22.09.2017 in PCR.No.7989/2017 on the file of LVI ACMM, Bengaluru (arising out of Cr.No.311/2017 of Girinagar PS) for the offences punishable under Sections 120-B, 384, 420, 424, 427, 447, 464, 477(A) r/w 34 IPC is hereby quashed. - 22 - HC-KAR NC: 2025:KHC:27151 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 AND 1 OTHER (iii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 47