- 1 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 10171 OF 2023 C/W CRIMINAL PETITION NO. 9981 OF 2023 CRIMINAL PETITION NO. 12087 OF 2023 IN CRL.P No. 10171/2023 BETWEEN: ADAM. B. S S/O SHABEER AHMED B.M, AGED ABOUT 37 YEARS, R/AT NO.02, 8TH CROSS, PIPELINE, CHOLURUPALYA, BENGALURU NORTH - 560 023. …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. STATE BY ADUGODI P. S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU- 560 001. 2. FARHA NAZ W/O AHMED AZAM SHARIFF AGED ABOUT 31 YEARS, R/O NO.19/2, RANOJI RAO ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 BASAVANAGUDI, BENGALURU- 560 004. …RESPONDENTS (BY SRI. B.N.JAGADEESH, ADDL.SPP FOR R1; SRI.B.RAMESH, ADVOCATE FOR R2;) THIS CRL.PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.203/2023 OF ADUGODI POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406,417,420 R/W SEC.34 OF IPC AND SUBMITTED TO THE HON'BLE 3rd ACMM COURT AT BENGALURU. IN CRL.P NO. 9981/2023 BETWEEN: SHAIK MUJAHEED M S/O SHAIK MUKTHYAR, AGED ABOUT 35 YEARS, R/AT NO.2, 7TH CROSS, HOSAHALLI MAIN ROAD, DEVARAJ URS NAGAR, PADANARAYANAPURA, BANGALORE-560 026. ...PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. STATE BY ADUGODI P.S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. - 3 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 2. FARHA NAZ W/O AHMED AZAM SHARIFF AGED ABOUT 31 YEARS, R/O NO. 19/2, RANOJI RAO ROAD, BASAVANAGUDI, BENGALURU - 560 004. ...RESPONDENTS (BY SRI. B.N.JAGADEESH, ADDL.SPP FOR R1; SRI.B.RAMESH, ADVOCATE FOR R2) THIS CRL.PETITION IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.203/2023 OF ADUGODI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406,417,420 R/W 34 OF IPC AND SUBMITTED TO THE HON'BLE III 3RD A.C.M.M COURT AT BENGALURU. IN CRL.P NO. 12087/2023 BETWEEN: WAHEEDA BEGUM WIFE OF SYED FAYAZ AHAMED, AGED ABOUT 35 YEARS, RESIDING AT KAVAL BEELU VILLAGE, 3rd WARD, KORATAGERE, TUMAKURU DISTRICT-572 129 ...PETITIONER (BY SRI. SURYA.S FOR SRI. SIJI MALAYIL., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 AND: 1. STATE OF KARNATAKA BY ADUGODI POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT BUILDING, BENGALURU - 560 001 2. FARHA NAZ W/O AHMED AZAM SHARIFF, AGED ABOUT 31 YEARS, RESIDING AT NO. 19/2, RANOJI RAO ROAD, BASAVANAGUDI, BENGALURU -560 004 ...RESPONDENTS (BY SRI. B.N.JAGADEESH, ADDL.SPP FOR R1; SRI.B.RAMESH, ADVOCATE FOR R2) THIS CRL.PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE FIR REGISTERED BY RESPONDENT NO.1 AGUGODI POLICE STATION THE AGAINST THE PETITIONER IN CR.NO.0203/2023 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 406,417,420 AND 34 OF THE INDIAN PENAL CODE, 1860, NOW PENDING IN THE FILE OF LD.III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU. THESE PETITIONS, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 ORAL ORDER The deceased accused No.1 had purchased the property, which is the subject matter of the petitions, from its erstwhile owners. The case of respondent No.2- complainant is that the entire consideration amount was paid by her, with the understanding that accused No.1 would subsequently transfer the property in favour of respondent No.2-complainant. However, accused No.1 instead of executing the necessary sale deed or such other deed of conveyance as requested by respondent No.2- complainant, has fraudulently executed a gift deed in favour of his wife, who is accused No.2. Thereafter, accused No.2 has sold the property in favour of accused No.3, who has purchased the same by obtaining a loan from accused No.4-Bank. Accused No.5 is a witness to the sale deed executed in favour of accused No.3. On the ground that the actions of accused Nos.1 to 4 deprived respondent No.2-complainant of her valuable right, respondent No.2-complainant has given a complaint dated - 6 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 12.08.2023 to the jurisdictional police, which has resulted in registration of Crime No.203/2023 on the file of the III Additional Chief Metropolitan Magistrate Court, Bangalore. Aggrieved by the same, accused Nos.2, 3 and 5 have preferred the present petitions. 2. The case of the petitioners is that, even if the contents of the complaint are proved, they cannot be convicted for the offences alleged. It is further submitted that it is purely a civil transaction which has been given a criminal colour. 3. Per contra, learned counsel for respondent No.2-complainant submits that accused No.1 has cheated respondent No.2-complainant and all the petitioners herein had knowledge of the same and were active participants in the said cheating and for that reason, he prays for dismissal of the petitions. 4. The learned Additional State Public Prosecutor appearing for the State, upon instructions, submits that - 7 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 the proceedings against accused No.4 has been dropped, as accused No.4 is the manager of a bank who has financed accused No.3 to purchase the property concerned and they have no role in any of the transactions between the parties and the bank or its officers have not committed any offences as alleged. In respect of accused No.1, the learned Additional State Public Prosecutor submits that enough material is found to show that the consideration for purchase of the property by accused No.1 was paid from the account of respondent No.2-complainant and the investigation also reveals that though accused No.1 had agreed to sell the property in favour of respondent No.2- complainant, has gifted the same in favour of accused No.2. In respect of the other accused, (that is, the petitioners herein), it is submitted that the investigation is yet to be completed. 5. The complaint and the documents produced prima facie reveals that respondent No.2-complainant and accused No.1 had certain financial transactions and it is - 8 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 also the submission of the learned Additional State Public Prosecutor that the investigation has revealed that the entire sale consideration for purchase of the property by accused No.1 from its original owners has been paid from the account of respondent No.2-complainant. The allegations also reveal that accused No.1 has prima facie cheated respondent No.2-complainant. However, accused No.1 is dead and the proceedings against him stand abated. 6. Insofar as it relates to accused No.2, there is no mention in the complaint that she was party to the acts of accused No.1 insofar as it relates to his financial transactions with respondent No.2-complainant. The only allegation made against her is she has willingly accepted the gift executed by accused No.1 in her favour in respect of the property concerned. In the absence of any specific allegations made against her about she being party to the transactions between accused No.1 and respondent No.2- complainant and actively took part in duping respondent - 9 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 No.2-complainant of her valuable rights with the property concerned, the question of continuing the criminal proceedings against her does not arise. Respondent No.2- complainant is always at liberty to initiate appropriate civil proceedings against her in accordance with law. 7. Insofar as it relates to accused No.3, he appears to be a bona fide purchaser for a valuable consideration and again there are no allegations made against him being involved in duping respondent No.2- complainant by accused No.1. In fact, there is no allegation of criminal conspiracy against any of the other accused along with accused No.1. Whatever the overt act are alleged, are made against accused No.1 and nobody else. Under the said circumstances, the question of continuation of the criminal proceedings against accused No.3 also does not arise. 8. Insofar as accused No.5 is concerned, he is only a witness to the sale deed and his name itself is not - 10 - HC-KAR NC: 2025:KHC:45903 CRL.P No. 10171 of 2023 C/W CRL.P No. 9981 of 2023 CRL.P No. 12087 of 2023 mentioned in the complaint. Thus, the question of proceedings against him also does not arise. 9. For the aforementioned reasons, all the Criminal Petitions are hereby allowed, and the proceedings in Crime No.203/2023, pending on the file of III Additional Chief Metropolitan Magistrate Court, Bangalore, insofar as it relates to the petitioners herein are concerned, stand quashed. It is needless to state that the quashing of the proceedings against the petitioners herein will not come in the way of respondent No.2- complainant proceeding with the civil cases against any of the petitioners in accordance with law. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 31