- 1 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.7027 OF 2023 (482 (Cr.PC)/528 (BNSS)) BETWEEN: 1. MS. SHEEJA VELOOR D/O BALAKRISHNAN K.C. AGED ABOUT 47 YEARS R/AT NO.A-2, 1ST FLOOR LATHA RESIDENCY, SHIRADISAI NAGAR MARATHAHALLI POST BANGALORE-560 037. …PETITIONER (BY SMT. RADHIKA M., ADVOCATE) AND: 1. STATE BY HENNUR POLICE BANGALORE - 560 043, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI MANJUNATH A. S/O SRI ANJINAPPA AGED ABOUT 46 YEARS R/AT NO.66, HORAMAVU AGARA HORAMAVU POST Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 BANGALORE-560 043. 3. SRI NATARAJ S S/O LATE SRINIVASAPPA AGED ABOUT 43 YEARS R/AT NO.253, HORAMAVU AGARA HORAMAVU POST BANGALORE - 560 043. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, HCGP FOR R.1; SRI S. MUNIRAJU, ADVOCATE FOR R.2 AND R.3 (ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.181/2023 AND PROCEEDINGS IN P.C.R.NO.56671/2022 FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 415, 417 AND 420 OF IPC., WHICH IS PENDING ON THE FILE OF THE HON'BLE XI ADDL. C.M.M., MAYOHALL, BENGALURU CITY OF HENNUR POLICE, IN THE INTEREST OF JUSTICE. 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:43494 CRL.P No. 7027 of 2023 ORAL ORDER 1. Respondent Nos.2 and 3 preferred a private complaint before the trial court wherein it has been alleged that accused No.1 therein was the owner of the property which is the subject matter of the private complaint. It is alleged that accused No.1 entered into an agreement of sale with respondent Nos.2 and 3 on 06.06.2019. However, behind the back of respondent Nos.2 and 3, he has sold the property in favour of the petitioner herein by way of a registered sale deed dated 12.11.2021. Later, in the year 2022, when respondent Nos.2 and 3 visited the property, they found that the petitioner herein was measuring the property and when enquired, the complainants/respondent Nos.2 and 3 were informed that the petitioner herein had purchased the property. 2. Further, the following allegation is made against the petitioner herein, who is accused No.2, in the complaint: "6. The complainants submit that, the Accused-1 had not come forward to register sale deed in the name of complainants even after oral demands but, to the utter shock and surprise on 02-06-2022 at about 10.30 AM the complainants have noticed that, the - 4 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 Accused-2 and her henchmen were appeared near the schedule property wherein the complainants were near the schedule property and have started to measure the schedule property in order to put up a compound around the schedule property. The complainants who are the agreement holders of the schedule property, have questioned the said act with the Accused-2 who was measuring the schedule property and have explained about their first purchase and their registered Agreement to Sell Dated 06-06- 2019 and payment of part consideration and also handed over a copy of the Agreement to sell to the Accused-2. After hearing the grievances of the complainants and after looking the Sale Agreement of the complainants, the Accused-2 had stated that, she knows very well about the Agreement of Sell of the complainants and had herself convinced the Accused-1 to execute a sale deed in her favour, as she will manage the complainants, if the complainants proceeds against her or against the Accused-1 since, she is having high influence and have also stated that, the Accused-2 had got a sale deed in her favour on 12-11-2021 which was allegedly executed by the accused-1." 3. On the ground that the petitioner along with the erstwhile owner of the property together have cheated respondent Nos.2 and 3 and have threatened them of dire consequences, the private complaint came to be filed. - 5 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 4. The impugned order passed by the trial court reads as under: "Heard arguments, alleged offences are punishable U/sec 415, 417, 420 of IPC. Perused the documents, then this court come to the conclusion that it is just and necessary that refer the matter before the jurisdictional Police i.e. Hennur P.S Police and investigation into the matter and submit their report, with these views acting U/sec 156(3) of Cr.P.C. Court proceed to pass the following order. ORDER Office is directed to refer the matter before the SHO Hennur PS. With direction to register the crime, investigate into the matter and submit his report. Such issuance shall be production of copy of complaint and documents alongwith P.F. For report. Call on 30.06.2023." 5. Subsequently, a FIR came to be registered under the provisions of Sections 420, 415 and 417 of IPC. Aggrieved by the same, the present criminal petition is filed by accused No.2 therein. 6. The case of the petitioner is that it is purely a civil dispute between the parties concerned. However, it has been given a criminal colour and a FIR has been registered against the - 6 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 petitioner. It is further submitted that if at all anybody has cheated respondent Nos.2 and 3, it is the erstwhile owner of the property and definitely not the petitioner herein. It is also submitted that the allegation about the petitioner knowing about the sale agreement prior to purchasing the property is false. It is also submitted that similarly the allegation against the petitioner that she induced the erstwhile owner to sell the property to her with the intention of cheating respondent Nos.2 and 3 is false and that she threatened respondent Nos.2 and 3 when they came near the property is also false. 7. Learned counsel for respondent Nos.2 and 3 has remained absent. 8. Learned HCGP for respondent No.1 also candidly admits that no incriminating material is found against the petitioner so far. 9. A bare reading of the complaint averments reveals that respondent Nos.2 and 3 had entered into a sale agreement with the erstwhile owner of the property and he instead of selling the property to them, has sold the property in favour of the petitioner herein. Whether there was a valid sale agreement - 7 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 between respondent Nos.2 and 3 and the erstwhile owner and who committed the breach of contract are not forthcoming from the records. The averment in the complaint, if read as a whole, shows that the allegations made against the petitioner herein as mentioned in paragraph 6 supra appears to have been made with the sole motive of filing a criminal case against the petitioner and this is a classic case where a civil dispute is given a criminal colour. The order of the trial court in referring the matter for police investigation also shows that there has been lack of application of mind on behalf of the Magistrate as to why he came to the conclusion that a case has been made out for referring the complaint to the Police. The trial court is not expected to act as a Post Master and refer the matter for police investigation merely on filing of a complaint but is required to apply its mind. No valid reason is forthcoming. Under the said circumstances, the proceedings before the trial court insofar as it relates to the petitioner herein is liable to be quashed. 10. Hence, the following: - 8 - HC-KAR NC: 2025:KHC:43494 CRL.P No. 7027 of 2023 ORDER (i) The criminal petition is allowed; (ii)The proceedings in PCR No.56671/2022 and Crime No.181/2023 pending on the file of the XI Additional CMM, Mayohall, Bengaluru City, insofar as it relates to the petitioner herein are quashed. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 29