- 1 - HC-KAR NC: 2026:KHC:27131 CRL.P No. 3176 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3176 OF 2026 BETWEEN: SRI. SRIHARI PATHAK, S/O JAYARAM PATHAK, AGED ABOUT 40 YEARS, RESIDING AT NO. 29927/2 KALIDASA ROAD, V.V. MOHALLA, MYSORE - 570 002. …PETITIONER (BY SRI. B.S. VENKATANARAYANA, ADVOCATE) AND: 1. STATE OF KARNATAKA SARASWATHIPURAM POLICE STATION, MYSURU - 570 009, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. VANI S. SHETTY WIFE OF CHANDRASHEKHAR SHETTY AGED ABOUT 63 YEARS, MANAGER, STATE BANK OF INDIA, RACPC BRANCH, SARASWATHIPURAM, MYSURU - 570 009. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27131 CRL.P No. 3176 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO 1. QUASH THE FIR IN CR.NO.134/2019 DATED 20.12.2019 REGISTERED BY THE RESPONDENT NO.1 POLICE I.E SARASWATHIPURAM P.S MYSURU FOR THE OFFENCE P/U/S 406, 417, 418, 419, 420, 34 OF IPC 1830 (ANNEXURE-A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. B.S. Venkatanaryana, learned counsel appearing for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1. 2. The petitioner is before this Court, seeking for the following prayer: "a) Quash the FIR in crime No.0134/2019 dated 20.12.2019 registered by the Respondent No.1 police i.e., Saraswathipuram Police Station, Mysuru for the offences punishable under Sections 406, 417, 418, 419, 420 and 34 of the Indian Penal Code, 1860 (Annexure -A); b) Quash the Private Complaint dated 20.08.2019 filed by the Respondent No.2 on the file of IV Additional Civil Judge (Sr. Dn) & JMFC, Mysuru; (Annexure - B); - 3 - HC-KAR NC: 2026:KHC:27131 CRL.P No. 3176 of 2026 c) Quash the charge sheet dated 21.05.2022 filed by the Respondent No.1 in C.C.No.692 of 2022 before the IV Addl. Civil Judge (Sr. Dn.) & JMFC, Mysuru for offence punishable under Sections 406, 417, 418, 419 & 420 of Indian Penal Code, 1860; (Annexure -C); d) Quash the order of taking cognizance dated 12.07.2022 in C.C.No.692/2022 by the IV Addl. Civil Judge (Sr. Dn.) & JMFC, Mysuru for offence punishable under Sections 406, 417, 418, 419 and 420 of Indian Penal Code, 1860; (Annexure-D); e) Quash the entire proceedings in C.C.No.692 of 2022 pending on the file of IV Addl. Civil Judge (Sr. Dn.) & JMFC, Mysuru for the offences punishable under Section 406, 417, 418, 419 & 420 of Indian Penal Code, 1860; (Annexure-E); and f) Grant such other reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of JAYARAM PATHAK & Another Vs. STATE OF KARNATAKA & Another1, the Co-ordinate Bench has held as follows: "4. A perusal of the material on record will indicate that it is the case of the prosecution that accused No.1 being the Managing Director of a firm by name Sree Patak Developers entered into a sale agreement with the complainant to sell flat No.G-2 in Pratham Lakshmi Apartment at Gokulam, Mysuru by 1 Crl.P.No.1002/2024 disposed on 26.06.2025. - 4 - HC-KAR NC: 2026:KHC:27131 CRL.P No. 3176 of 2026 receiving Rs.1,60,000/- as advance amount on 27.08.2015 and thereafter, borrowed loan for Rs.30,40,000/- from State Bank of India in the name of the complainant and her husband towards the payment of consideration amount to purchase the said property and executed a registered sale deed in respect of the said property on 23.05.2016. Further, it is alleged that, when the complainant went to take possession of the said G-2 flat in Pratham Lakshmi Apartment, they came to know that the said flat is in the name of the owner of the land and when the complainant verified regarding the same in the Sub-Registrar office, it is found that there was an over writing regarding G-2 flat by changing the word “owner” to “Developer”. The complainant has alleged that the accused caused loss of Rs.40,62,000/- to the complainant. Pursuant to the said incident, the complainant filed FIR in Crime No.61/2019 for offences punishable under Sections 34, 406, 420, 463 and 468 of IPC, which is currently pending in C.C. No.194/2023 before the I Additional Senior Civil Judge and CJM, Mysuru. Aggrieved by the same, the petitioners are before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 6. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.194/2023 arising out of Crime No.61/2019 on the file of I Additional Senior Civil Judge and CJM, Mysuru, insofar as the petitioners are concerned are hereby quashed." - 5 - HC-KAR NC: 2026:KHC:27131 CRL.P No. 3176 of 2026 In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. 4. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The impugned proceedings in C.C.No.692/2022 on the file of IV Additional Civil Judge (Sr. Dn.) & JMFC, Mysuru qua the petitioner stand quashed." Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 12