The High Court of Karnataka allowed a Criminal Petition under Section 482 CrPC and quashed an FIR aggravated by a co-ordinate bench decision that quashed an identical matter arising from the same civil suit.
Criminal Petition allowed; impugned FIR in Crime No.49/2021 registered by Hebbagodi Police Station is hereby quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.1707/2021
BETWEEN:
...PETITIONERS
(BY SRI ABHILASH RAJU, ADVOCATE)
AND:
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2. YUSUF SHARIF
AGED ABOUT 54 YEARS, SON OF LATE DASTGIR SHARIF, NO.22/1, MILLER TANK ROAD, VASANTH NAGAR, BENGALURU-560 052.
…RESPONDENTS
(BY SRI ROHITH B.J., HCGP FOR R-1; SRI KIRAN S. JAVALI, SENIOR ADVOCATE FOR SRI CHANDRASHEKARA K., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR REGISTERED AGAINST PETITIONER NOS.1 AND 2 FILED IN CRIME NO.49/2021 AT ANNEXURE-P, REGISTERED BY THE FIRST RESPONDENT PENDING ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT AND COSTS OF THE PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Respondent No.2 lodged the FIR alleging that he had been
indused to sign the documents by the petitioners and while his friends who were with him asked him to what property he was selling and the price which he was being paid, at that time, realizing the falsity of document, he refused all further cooperation as the sale deed dated 13.11.2013 being a false
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document was attempted to be shown as genuine resulting in cheating the respondent No.2.
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of the order passed by the Co-ordinate Bench of this Court in Crl.P.No.4020/2019 and other connected petitions.
Accordingly, I pass the following order:
The Criminal Petition is allowed.
The impugned FIR in Crime No.49/2021 registered by the Hebbagodi Police Station is hereby quashed.
Sd/JUDGE
HR
2 issues framed by the court
Whether the impugned FIR alleging offences under Sections 420, 468, 471, 406, 120B IPC should be quashed in light of a co-ordinate bench decision
Whether the pending civil suit in respect of the subject property is appropriate to take care of the allegations
Colour shows how this judgement treated each authority
Not specified in textDistinguished¶27
Crl.P.No.4020/2019
2 provisions across 2 enactments
PRAJWAL P. SHENAVA
KRISHNA REDDY
STATE OF KARNATAKA
YUSUF SHARIF
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court