criminal petition under Section 482 Cr.P.C. seeking quashal of FIR alleging breach of trust and cheating dismissed. Court held matter requires investigation as money was transferred directly from bank account to erstwhile petitioner.
Petition seeking quashal of crime No.66/2021 dismissed. Liberty to challenge charge sheet granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.5947 OF 2021
BETWEEN:
Son of Late Ranganna, Aged about 33 years, Residing at Kabbigere Post, Kora Hobli, Nandi Halli, Tumkur Taluk, Today at Bengaluru.
…Petitioners
(By Sri Shankaranarayana Bhat, Advocate)
AND:
:: 2 ::
Rep. by Harohalli Police Station, Ramanagara District-562112. Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001.
…Respondents
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings pending before the Principal Civil Judge (Jr. Dn.) and JMFC, Court, Kanakapura, Ramanagara District in Cr.No.66/2021 based on the compliant filed by respondent for the alleged offence punishable under Section 120B, 403, 405, 408, 420, 425, 474 read with 34 of IPC.
This Criminal Petition coming on for admission this day, the Court made the following:
ORDER
Heard Sri Shankaranarayana Bhat, learned counsel for the petitioners at the time of
admission. The learned High Court Government Pleader for respondent No.2-State is also present.
:: 3 ::
under Sections 120B, 403, 405, 408, 420, 425 and 474 read with Section 34 of IPC.
:: 4 ::
committed breach of trust reposed in them by the first respondent.
petitioners submits that the allegations found in the FIR are purely civil in nature and that the remedy available to the first respondent is to file a suit for specific performance, it is to be stated that in a transaction of this type, both civil and criminal action are permitted. There is clear allegation by the first respondent that the petitioners have breached the trust reposed in them by the first respondent.
:: 5 ::
admit this petition. Petition is dismissed .
However, liberty is given to the petitioners to challenge the charge sheet, in case it is filed.
IA No.1/2021 does not survive for
consideration. It stands disposed of accordingly.
Sd/JUDGE
Kmv/-
1 issue framed by the court
Whether a criminal reference under Section 482 Cr.P.C. to quash FIR alleging breach of trust and criminal conspiracy should be admitted when investigations are required.
1 provisions across 1 enactments
Manjunath M.
Chandrashekar
Narasimhan V.
State of Karnataka
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
