Karnataka High Court
Sri. V. Krishnappa vs State By on 30 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:30988
CRL.P No. 3662 of 2023
C/W CRL.P No. 3664 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.3662 OF 2023
c/w
CRIMINAL PETITION NO.3664 OF 2023
IN CRIMINAL PETITION NO.3662 OF 2023:
BETWEEN:
1. Sri. V. Krishnappa
S/o. late Venkatappa,
Aged about 83 years,
2. Sri. Lakshmipathi K.
S/o. V. Krishnappa,
Aged about 43 years,
Both are
Digitally signed by B
K
MAHENDRAKUMAR
R/at Gantiganahalli Village,
Location: High
Court of Karnataka
Yelahanka Hobli,
Bengaluru North Taluk.
...Petitioners
(By Sri. Mithun G. A., Advocate)
AND:
1. State by
Chikkajala Police Station,
Devanahalli Sub-Division,
Represented By its SPP,
High Court Building,
Bengaluru-560 001.
-2-
NC: 2023:KHC:30988
CRL.P No. 3662 of 2023
C/W CRL.P No. 3664 of 2023
2. Sri. Mohan
S/o. Late Nagaraj,
Aged about 38 years,
R/at Gantiganahalli Village,
Yelahanka Hobli, Bengaluru North Taluk
Bengaluru-560 064.
...Respondents
(By Sri. M. R. Patil, H.C.G.P. for R-1
R-2 served, but unrepresented)
This Criminal Petition is filed under Section 482 Cr.P.C.
praying to quash the order dated 02.03.2023 passed by the II
Addl. Civil Judge & J.M.F.C, Devanahalli, in complaint bearing
PCR No.79/2023 on the alleged offences under Sections 204,
465, 468, 471, 120B and 34 of IPC filed by the
Complaint/Respondent No.2 under Section 200 and
consequently quash the FIR registered as Crime No.0026/2023
registered by Chikkajala Police Station dated 12.03.2023 in
respect of Petitioners/Accused No.1 and 4 herein, by allowing
this Criminal Petition.
In CRIMINAL PETITION NO.3664 OF 2023:
BETWEEN:
Sri S. Manjunath
S/o. late Sonappa
Aged about 45 years
R/at Gantiganahalli Village,
Yelahanka Hobli,
Bengaluru North Taluk-561 205.
...Petitioner
(By Sri. Mithun G. A., Advocate)
AND:
1. State by
Chikkajala Police Station,
Devanahalli Sub-Division,
Represented by its SPP,
-3-
NC: 2023:KHC:30988
CRL.P No. 3662 of 2023
C/W CRL.P No. 3664 of 2023
High Court Building,
Bengaluru-560 001.
2. Sri. Mohan
S/o. Late Nagaraj,
Aged about 38 years,
R/at Gantiganahalli Village,
Yelahanka Hobli
Bengaluru North Taluk
Bengaluru-560 064.
...Respondents
(By Sri. M. R. Patil, H.C.G.P. for R-1 and R-2 served)
This Criminal Petition is filed under Section 482 Cr.P.C.
praying to quash the order dated 02.03.2023 passed by the II
Addl. Civil Judge & J.M.F.C, Devanahalli, in complaint bearing
PCR No.79/2023 on the alleged offences under Sections 204,
465, 468, 471, 120B and 34 of IPC filed by the
Complaint/Respondent No.2 under Section 200 and
consequently quash the FIR registered as Crime No.0026/2023
registered by Chikkajala Police Station dated 12.03.2023 in
respect of Petitioner/Accused No.2 herein, by allowing this
Criminal Petition.
These Criminal Petitions, coming on for hearing, this
day, the Court made the following:
ORDER
Since the very same First Information Report is challenged in these petitions, they are taken up together and disposed of by a common order.
2. The petitioners are sought to be prosecuted for the offences punishable under Sections 204, 465, 468, 471, 120B read with 34 IPC.
-4-NC: 2023:KHC:30988 CRL.P No. 3662 of 2023 C/W CRL.P No. 3664 of 2023
3. The second respondent lodged the FIR alleging that, the accused No.1 in collusion with Late Sonnappa, the uncle of his father, created an unregistered GPA, unregistered sale agreement and affidavit in the name of Late Sonnappa and thereafter Late Sonnappa executed the sale deed in the name of his wife Venkatamma and within a short time the property was transferred in the name of accused No.1. Accused No.1 created the GPA, sale agreement and affidavit on the stamp papers and obtained the property fraudulently. The registration of the FIR for the aforesaid offences is impugned in this petition.
4. Learned counsel for the petitioners submits the issue with regard to execution the sale deed in favour of accused No.1 was the subject matter of OS.No.1252/2006 and the trial Court after appreciating the evidence on record has held that accused No.1 has proved that defendant No.1, father of the informant has conveyed the subject property by way of agreement and power of attorney executed in favour of Late. Sonnappa. Hence, the dispute between the parties is purely civil in nature, however, given a criminal texture. Therefore, the continuation of the investigation will be an abuse of process of law. In support of his argument he places reliance on the decision of the Hon'ble SC in the case of Rajeshbhai Muljibhai Patel and others Vs. State of Gujarat and another - (2020) 3 SCC 794.
-5-NC: 2023:KHC:30988 CRL.P No. 3662 of 2023 C/W CRL.P No. 3664 of 2023
5. Respondent No.2, informant though served with notice has not appeared in person or through his counsel.
6. Learned HCGP for the State submits that the allegation made in the FIR disclose commission of the offence alleged against the petitioners, and the veracity of the allegation requires to be investigated, and at this stage the registration of FIR does not warrant any interference.
7. Considered the submissions.
8. The issue as to whether accused no.1 in collusion with Late Sonnappa created GPA and also a sale agreement was the subject matter of O.S. No.1252/2006 filed by the informant and his brothers. In the said suit, the trial Court after appreciating the evidence on record has held that the father of the informant had executed power of attorney as well as the sale agreement in favour of Late Sonnappa. Respondent No.2 lodged a private complaint after disposal of the suit.
9. The Hon'ble SC in the case of Rajeshbhai Muljibhai Patel (supra), has held that when issue as to genuineness of documents, forgery of which was the basis of criminal proceedings was pending consideration of the suit, the FIR ought not to have been allowed to continue as it would prejudice the interest of the parties and the stand taken by the them in the civil suit. The Civil Court already having recorded a finding that the GPA as well as sale agreement was not created, and in fact was duly executed by the father of the informant, -6- NC: 2023:KHC:30988 CRL.P No. 3662 of 2023 C/W CRL.P No. 3664 of 2023 the continuation of the investigation will be an abuse of process of law.
10. Accordingly, I pass the following:
ORDER
i) Criminal petitions are allowed.
ii) The FIR in Cr.No.26/2023 registered by Chikkajala Police Station is hereby quashed and consequently the private complaint filed by respondent No.2 stands dismissed.
Sd/-
JUDGE SD