- 1 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11008 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: PURAVANKARA LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO. 130/1, ULSOOR ROAD, BANGALORE - 560042 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR B.PRAVEEN KUMAR …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALASUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, ATTACHED TO THE COURT HIGH COURT BUILDING - 560001. 2. PRABHAKAR NAIK S/O LATE GANGADHAR NAIK AGED ABOUT 63 YEARS, NO. 3211, PRESTIGE WEST WOOD GOPALAPURA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 BENGALURU CITY KARNATAKA - 560023. …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.PRABHAKAR NAIK, PARTY-IN-PERSON FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.306/2023 ON THE FILE OF THE X ADDITIONAL METROPOLITAN MAGISTRATE BENGALURU REGISTERED BY THE RESPONDENT NO.1 THAT IS HALASUR POLICE STATION FOR OFFENCES P/U/S.420 OF IPC 1860 AND CONSEQUENTLY QUASH THE COMPLAINT DATED 20.10.2023 FILED BY THE RESPONDENT NO.1 (ANNEXURE A AND B). THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is sole accused has filed this petition under Section 482 of the Code of Criminal Procedure to - 3 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 quash the FIR in Cr.No.306/2023 of Halasur PS, for the offence punishable under Section 420 of IPC. 2. In support of the petition, petitioner has contended that the respondent No.2 exerting influence and high handedly got filed a false complaint to arm twist the petitioner to get his residential unit delivered without paying balance sale consideration. Without making proper enquiry, the concerned police have registered the case. Initially, respondent No.2 approached Karnataka Real Estate Regulatory Authority ('Karnataka RERA' for short), seeking similar relief and subsequently initiated criminal proceedings with malafide intention. The dispute relates to breach of contractual obligation arising out of agreement of sale and construction agreement dated 25.06.2013. He is still due to pay part of the sale consideration. The dispute between the parties is civil in nature. As a counterblast to the complaint filed by petitioner in PCR.55953/2023, for defamation, he has filed this - 4 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 complaint. The complaint does not disclose any accusation that would attract Section 420 IPC. Continuation of the proceedings would amount to abuse of the process of the Court and hence the petition. 3. In support of his arguments, learned counsel for petitioner has relied upon the following decisions: (i) Rekha Jain Vs. State of Karnataka (Rekha Jain)1 (ii) Mohd.Wajid Vs. State of U.P (Mohd.Wajid)2 (iii) Delhi Race Club (1940) Ltd. Vs. State of U.P (Delhi Race Club)3 (iv) A.M.Mohan Vs. State Rep. by SHO and Anr. (A.M.Mohan)4 (v) Vinod Bihari Lal Vs. State of Uttar Pradesh (Vinod Bihari Lal)5 4. On the other hand learned High Court Government Pleader for respondent No.1 State and 1 (2022) 18 SCC 174 2 (2023) 20 SCC 219 3 (2024) 10 SCC 690 4 (2024) SCC Online SC 339 5 2025 SCC Online SC 1216 - 5 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 respondent No.2 who is party-in-person would submit that respondent No.2 is the Managing Director of Base Vasthu and Engineering Services Company, Dubai. He applied for purchasing Flat No.FFB.603, 6th Floor of Purva Sunflower Apartment situated near metro station, Magadi Road, constructed by the accused and entered into a sale agreement. He has paid a total sum of Rs.83 lakhs transferred from account of himself and his wife. No amount is due from them. Though the Flat was supposed to be given at the end of December 2017, so far it is not handed over and thereby he has been cheated and hence, the complaint. 5. Based on the complaint, the concerned police have registered a case in Cr.No.306/2023 and taken up investigation. There is prima facie material to proceed against the petitioner and pray to dismiss the petition. 6. Heard arguments and perused the record. - 6 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 7. Thus, at the instance of respondent No.2, the petitioner is being prosecuted on the allegations that respondent No.2 has been cheated by the petitioner in not putting up construction and providing amenities in accordance with the specifications and therefore, he wanted refund of the amount already paid. On the other hand the petitioner has specifically pleaded that the construction is made in accordance with the specification and occupancy certificate was secured even prior to the stipulated time and respondent No.2 was called upon to pay the balance and get the sale deed executed. Instead of so doing, he is dragging on and claiming refund. 8. The petitioner has approached Karnataka RERA in complaint No.CMP/00022/2023 and after considering the objections filed by the petitioner herein who is respondent therein, the complaint is dismissed. During the course of the order, the Karnataka RERA has clearly observed that the petitioner has complied with the agreement entered into between the parties. On the other - 7 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 hand, the respondent No.2 is finding fault with the construction and demanding amenities which are available in other buildings, which is not part of the contract and such being the case, the complaint is not maintainable. Admittedly, respondent No.2 has not challenged the said order. Petitioner has filed a private complaint in PCR.No.55953/2023 against respondent alleging defamation, after which he has filed the complaint alleging cheating. The dispute between the parties is purely civil in nature. Consequently, the criminal proceedings would amount to abuse of the process of the Court. The citations relied upon by the petitioner are not applicable to the facts and circumstances of the case. 9. In the light of the above discussion, the petition succeeds and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is hereby allowed. - 8 - HC-KAR NC: 2025:KHC:28748 CRL.P No. 11008 of 2023 (ii) The criminal proceedings in FIR in Cr.No.306/2023 of Halasur PS, for the offence punishable under Section 420 of IPC is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 48