- 1 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 9323 OF 2024 BETWEEN: MR NARENDRA PRAKASH N S/O LATE. K. NARASINGAIAH AGED ABOUT 72 YEARS R/AT #57, RAMAKRISHNA COLONY, MARENAHALLI, J.P. NAGAR II PHASE, BENGALURU-560 078 …PETITIONER (BY SRI. HARI PRASAD N, ADVOCATE) AND: 1. STATE BY MICO LAYOUT POLICE STATION BENGALURU REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560 001 2. SRI. HEMA SUNDAR NALLANA S/O SRI. UMA MAHESWAR RAO AGED ABOUT 43 YEARS R/AT FLOT NO-101, FIRST FLOOR, SOUNDARYA PRANAV APARTMENTS RANKA COLONY, BILEKAHALLI, BENGALURU-560 076 …RESPONDENTS (BY SRI. MAHESHA P, HCGP FOR R1, SRI. M.D. RAGHUNATH, ADVOCATE FOR R2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNNS) OF CR.P.C PRAYING TO QUASH THE IMPUGNED COMPLIANT AND FIR DATED 17.10.2022 IN CR.NO.273/2022 FOR THE OFFENCE P/US/ 466, 120-B, 420, 465, 467, 468, 471, 472, 477-A, 481, 464, 506(2), 418 OF IPC REGISTERED BY THE MICO LAYOUT POLICE STATION VIDE ANNEXURE A AND B AND CHARGE SHEET AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.6800/2024 PENDING BEFORE THE HON'BLE CHIEF JUDICAIL MAGISTRATE BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This petition is filed under Section 482 of Cr.P.C. seeking to quash proceedings against the petitioner/accused No.4 in C.C No.6800/2024 (arising out of Crime No.273/2022 of Mico Layout Police Station), pending on the file VI ACMM, Bengaluru (for short, the 'learned Magistrate') for the offences punishable under Sections 418, 420, 12B of IPC. 2. The brief facts of the case are that the petitioner, who is arraigned as accused No.4, purchased Flat No.F1 situated on the first floor of Soundarya Pranav Apartments, BBMP Property No.457/357/268, BBMP Khata No.422/1, situated at Ranka Colony, Bilekahalli Village, Beguru Hobli, - 3 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 Bengaluru, from Soundarya Promotors and Developers, represented by its Managing Partner, Manjunath, who is arraigned as accused No.1, under a registered sale deed dated 28.03.2008. 3. It is alleged that, subsequently, in the year 2010, accused No.1, in collusion with accused No.2, who was his GPA holder, renumbered all the flats situated on the ground and first floors and sold the petitioner's flat to respondent No.2 by reassigning the flat number as 101. On coming to know of the said transaction, the petitioner questioned the same with the builder and he immediately filed a private complaint against the builders and others. 4. Thereafter, respondent No.2 had lodged a private complaint in PCR No.246/2017 on 07.01.2017 against the petitioner and the partners of Soundarya Promoters. The said complaint came to be dismissed by the learned Magistrate on 12.01.2017. Aggrieved by the said order, respondent No.2 preferred Crl.R.P.No.110/2017, which came to be allowed on 17.08.2019, and the matter was remanded to the learned Magistrate. Consequently, the learned Magistrate referred the - 4 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 complaint to respondent No.1-Police under Section 156(3) of the Cr.P.C. 5. Pursuant thereto, respondent No.1-Police registered an FIR against the petitioner and others for the offences punishable under Sections 466, 120B, 420, 465, 467, 468, 471, 472, 477A, 481, 464 and 506(2) of the IPC. 6. After completion of the investigation, respondent No.1-Police laid the charge-sheet against the petitioner and other accused for the offences punishable under Sections 418, 420 and 120B of the IPC, arraigning the petitioner as accused No.4. The learned Magistrate thereafter took cognizance of the aforesaid offences. 7. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned HCGP for respondent No.1 - State. 8. Learned counsel appearing for the petitioner primarily contended that the petitioner is a bona fide purchaser of the subject flat, having purchased the same from accused No.1, the promoters, for a sale consideration of Rs.19,00,000/- - 5 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 It is contended that the petitioner has nothing to do with the alleged acts of forgery or other acts committed by accused Nos.1 and 2 in respect of respondent No.2, by altering or assigning new numbers to the flats and subsequently selling the petitioner's flat to respondent No.2 in the year 2010. In such circumstances, the petitioner himself is aggrieved by the acts allegedly committed by accused Nos.1 and 2 and, therefore, continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, he sought to allow the petition. 9. Per contra, learned counsel appearing for respondent No.2-complainant contended that, after execution of the sale deed in his favour by the builder, the petitioner attempted to dispossess respondent No.2 from the subject flat, despite being fully aware that respondent No.2 had purchased the said flat from accused Nos.1 and 2. It is therefore contended that the petitioner has also committed the offences alleged in the charge-sheet. Accordingly, he sought for dismissal of the petition. - 6 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 10. Learned HCGP also opposed the prayer of the petitioner contending that the investigation has been completed and the police have laid the charge-sheet against all the accused, including the petitioner, for the offences punishable under Sections 420, 418 and 120B of IPC. It is therefore contended that, in view of the charge-sheet having been filed after completion of investigation, the proceedings initiated against the petitioner cannot be quashed at this stage. Accordingly, he prays for dismissal of the petition. 11. I have given my anxious consideration to the learned counsel for the respective parties so also perused the entire materials placed on record. 12. As could be gathered from the charge-sheet materials, it is undisputed that the petitioner had purchased the subject property from accused No.1 under a registered sale deed in the year 2008, for a sale consideration of Rs.19,00,000/-. Thereafter, in the year 2010, accused No.1, in collusion with accused No.2, who was the GPA holder of accused No.1, reassigned the numbers of all the flats situated on the ground and first floors and, once again, sold the - 7 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 petitioner's flat in favour of respondent No.2. The said fact came to the knowledge of the petitioner only in the year 2017, after respondent No.2 lodged a private complaint against the petitioner and others. 13. On careful perusal of the charge-sheet materials, it is evident that the petitioner himself is an aggrieved party on account of the alleged acts of accused Nos.1 and 2. The petitioner was admittedly the initial purchaser of the subject flat. The materials on record do not disclose that the petitioner had made any attempt to defraud respondent No.2 in collusion with accused Nos.1 and 2. On the contrary, the charge-sheet materials indicate that the petitioner himself was a victim of the acts allegedly committed by accused Nos.1 and 2. 14. In the aforesaid circumstances, on careful examination of the entire charge-sheet materials, I am of the considered view that the offences alleged in the charge-sheet are not attracted against the petitioner for the simple reason that he himself is a aggrieved party by the act of accused Nos.1 and 2. There is no material forthcoming to prima facie establish that the petitioner had any intention or motive to commit - 8 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 forgery or any other offences alleged in the charge-sheet, in collusion with accused Nos.1 and 2. Moreover, the charge-sheet materials do not disclose any material to indicate that the petitioner had colluded with accused Nos.1 and 2 in selling the subject flat to respondent No.2. 15. Even if the allegations contained in the charge- sheet are taken at their face value, the same do not disclose the commission of any offences by the petitioner. In such circumstances, permitting the criminal proceedings to continue against the petitioner would amount to an abuse of the process of law. Hence, the proceedings insofar as the petitioner- accused No.4 is concerned are liable to be quashed. Accordingly, i proceed to pass the following: O R D E R i. The petition is allowed. ii. The proceedings against the petitioner/Accused No.4 in in C.C No.6800/2024 (arising out of Crime No.273/2022 of Mico Layout Police Station), for the offences punishable under Sections - 9 - HC-KAR CNR: KAHC010509232024 NC: 2026:KHC:50220 CRL.P No. 9323 of 2024 418, 420, 12B of IPC, presently, pending on the file VI ACMM, Bengaluru, is hereby quashed. iii. It is made clear that the proceedings against other accused shall continue. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 2