Allowed

Sri. Mahadeva Gowda v. the State of Karnataka

Karnataka HC22 Feb 2022CRL.P/5188/2019

Case brief

AI extract

What is this about?

The High Court allowed four criminal petitions filed under Section 482 CrPC to quash proceedings for cheating and forgery. Relying on the amicable settlement between parties and absence of objection, the court quashed the respective charge sheets to prevent abuse of process.

What did the court decide?

Quashing of CC.No.1786/2018, CC.No.424/2011, CC.No.1356/2018, and CC.No.592/2019 pending before JMFC courts at Mysore.

Sri. Mahadeva Gowda Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF FEBRUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.5190 OF 2019

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C/W

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CRIMINAL PETITION NOS.5188 OF 2019,

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5191 OF 2019 AND 5192 OF 2019

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IN CRL.P.NO.5190/2019

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BETWEEN:

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SRI.HARISH BACHAPPA, S/O M.BACHAPPA, AGED ABOUT 50 YEARS, R/AT NO.142, DEVAMMA COMPLEX, KODIHALLY MAIN ROAD, JEEVAN BHEEM NAGAR, BANGALORE – 75.

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... PETITIONER

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(BY SRI.DHARMAPAL, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY INSPECTOR OF POLICE, THE STATE OF KRISHNARAJA POLICE STATION, K.R.MOHALLA, MYSORE CITY – 570 004. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 1.

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SMT.BADRAKALAMMA @ PUTTAMADAMMA, W/O LATE SUTHUR MADAPPA, AGED ABOUT 81 YEARS, R/AT NO.631, OLD JANATHA COLONY, YELAWALA VILLAGE, MYSORE TQ & DISTRICT – 571 130.

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... RESPONDENTS

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(BY SRI.RENUKARADHYA R.D., HCGP FOR R1; SRI.T.V.SATHISH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET SUBMITTED BY THE 1^ST RESPONDENT POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 464, 468, 420 READ WITH SECTION 34 OF IPC IN C.C.NO.1786/2018 WHICH IS PENDING ON THE FILE OF THE LEARNED JMFC IV COURT AT MYSORE.

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IN CRL.P.NO.5188/2019

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BETWEEN:

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SRI.MAHADEVA GOWDA, S/O LATE DEVEGOWDA, AGED ABOUT 57 YEARS,

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R/AT HOSKAMANA KOPPALU VILLAGE, YELWALA HOBLI, MYSORE TQ & DISTRICT – 571 130.

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SMT.BORAMMA, W/O LATE SANNA TAMMEGOWDA, AGED ABOUT 70 YEARS, R/AT HOSKAMANA KOPPALU VILLAGE, YELWALA HOBLI, MYSORE TQ & DISTRICT – 571 130.

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SMT.SUNDARAMMA, W/O SHIVANANJAPPA, AGED ABOUT 52 YEARS, R/AT EARAPPANA KOPPALU VILLAGE,

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YELWALA HOBLI,

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MYSORE TQ & DISTRICT – 571 130.

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... PETITIONERS

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(BY SRI.DHARMAPAL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY SHO, YELAWALA POLICE STATION, MYSORE TQ AND DISTRICT – 571 130. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 1.

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SMT.BADRAKALAMMA W/O LATE SUTHUR MADAPPA, AGED ABOUT 81 YEARS, R/AT JANATHA COLONY, YELAWALA VILLAGE, MYSORE TQ & DISTRICT – 571 130.

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... RESPONDENTS

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(BY SRI.RENUKARADHYA R.D., HCGP FOR R1; SRI.T.V.SATHISH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET SUBMITTED BY THE 1^ST RESPONDENT POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 143, 468, 465, 471, 420, 120, 511 READ WITH SECTION 149 OF IPC IN C.C.NO.424/2011 WHICH IS PENDING ON THE FILE OF THE LEARNED JMFC II COURT AT MYSORE.

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IN CRL.P.NO.5191/2019

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BETWEEN:

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SRI.RAMESH N., S/O JAYARAMA SHETTY, AGED ABOUT 57 YEARS,

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R/AT NO.128, 1^ST BLOCK, RAILWAY PARALLEL ROAD, KUMARAPARK (WEST), BANGALORE – 20.

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SRI.HARISH B., S/O M.BACHAPPA, AGED ABOUT 42 YEARS, R/AT NO.100, 10^TH CROSS ROAD MAIN ROAD HAL, INDIRANAGAR, BANGALORE.

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... PETITIONERS

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(BY SRI.DHARMAPAL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY SHO, YELAWALA POLICE STATION, MYSORE TQ AND DISTRICT – 571 130.

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SMT.BADRAKALAMMA W/O LATE SUTHUR MADAPPA, AGED ABOUT 81 YEARS, R/AT JANATHA COLONY, YELAWALA VILLAGE, MYSORE TQ & DISTRICT – 571 130.

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... RESPONDENTS

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(BY SRI.RENUKARADHYA R.D., HCGP FOR R1; SRI.T.V.SATHISH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET SUBMITTED BY THE 1^ST RESPONDENT POLICE AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 143, 468, 465, 471, 420, 120, 511 READ WITH SECTION 149 OF IPC IN C.C.NO.592/2019 WHICH IS PENDING ON THE FILE OF THE LEARNED JMFC II COURT AT MYSORE.

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IN CRL.P.NO.5192/2019

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BETWEEN:

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MR. MADAPPA @ MAHADEVA, S/O NINGAPPA, AGED ABOUT 38 YEARS, R/AT VIRARAJAPURA, MIKKERE POST, KIRUGAVALU HOBLI, MALAVALLI TQ., MANDYA DISTRICT – 571430.

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SMT.MANJULA, D/O NINGAPPA, AGED ABOUT 38 YEARS, R/AT VIRARAJAPURA, MIKKERE POST, KIRUGAVALU HOBLI, MALAVALLI TQ., MANDYA DISTRICT – 571430.

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SRI.RAMESHA.N., S/O JAYARAMA SHETTY, AGED ABOUT 59 YEARS, R/AT NO.128, 1^ST BLOCK, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE – 560020.

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... PETITIONERS

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(BY SRI.DHARMAPAL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY INSPECTOR OF POLICE, THE STATE OF KRISHNARAJA POLICE STATION, K.R.MOHALLA, MYSORE CITY – 570 004. REPRESENTED BY STATE PUBLIC PROSECUTOR,

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HIGH COURT BUILDING, BANGALORE – 1.

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SMT.BADRAKALAMMA @ PUTTAMADAMMA, W/O LATE SUTHUR MADAPPA, AGED ABOUT 81 YEARS, R/AT JANATHA COLONY, YELAWALA VILLAGE, MYSORE TQ & DISTRICT – 571 130.

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... RESPONDENTS

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(BY SRI.RENUKARADHYA R.D., HCGP FOR R1; SRI.T.V.SATHISH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET SUBMITTED BY THE 1^ST RESPONDENT POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 464, 468, 420 READ WITH SECTION 34 OF IPC IN C.C.NO.1356/2018 WHICH IS PENDING ON THE FILE OF THE LEARNED JMFC IV COURT AT MYSORE.

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THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These writ petitions are filed with a prayer to quash the respective impugned criminal proceedings against the petitioners pending before concerned jurisdictional magistrate and are disposed of by a common order.

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Facts of the case:

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A charge sheet is filed alleging that the Channappa under the family arrangement deed transferred

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the land bearing Sy.Nos. 241/1 and Sy.No.246/2 situated in Yelawala Hobli, Nagawara village, Mysore Taluk totally measuring 5 acres 25 guntas of land in favour of the 2^nd respondent and an extent of 1.00 acre out of 5 acres 25 guntas was sold by CW1 in favour of CW4 and for the remaining extent of 4 acres 25 guntas, the accused Nos.2 and 3 fully knowing that the said extent of land belongs to CW1 executed a registered general power of attorney in favour of accused No.4 and accused No.5 was witness to the said general power of attorney and all the accused colluding with each other have created the said document so as to cheat CW1.

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In Crl.P.No.5190/2019

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The police on receiving complaint from respondent No.2 registered the FIR against the petitioner for offences punishable under Sections 464, 468, 420 R/w Section 34 of IPC.

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The police after the investigation filed charge sheet against the petitioner for the alleged offences against him.

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In Crl.P.No.5188/2019

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The respondent No.2 filed a private complaint against the petitioners before jurisdictional Magistrate. The learned Magistrate referred the matter to the police for investigation. The police after investigation filed charge sheet against the petitioners for the aforesaid offences. Further Respondent No.2 made a complaint against the petitioners before IGP for the same offences to reinvestigate the matter as necessary accused persons were left out by Police. Pursuant to which the Police reinvestigated and submitted additional chargesheet.

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CC No.5191/2019

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The Yelawala police station submitted split up chargesheet in Cr.No.94/2007 against the petitioners for offences punishable under Section 143, 419, 468, 465, 471, 420, 120, 511 read with Section 149 of IPC before jurisdictional Magistrate. The learned Magistrate took cognizance of the offences under section 190(1)(b) of Crpc and registeredcriminal case against the petitioners. Taking exception to the same this petition filed.

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CC No.5192/2019

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The respondent No.1 registered a case against the petitioner for offences punishable under Section 464, 468, 420 R/w 34 of IPCand submitted the FIR before jurisdictional Magistrate. The police after investigation submitted charge sheet before the learned magistrate against the petitioners for the aforesaid offences.

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Hence, these petitions.

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The parties are present before this court in all the petitions.

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Learned counsel for the parties have filed IA No.1/2021 for compounding of offences alleged against the petitioners stating that the parties have amicably settled the dispute among themselves and the 2^nd respondent has no objection for quashing the impugned proceeding against the petitioners.

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Though some of the offences are noncompoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves and the 2^nd respondent having no objection for quashing the

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impugned proceeding and so as to prevent the abuse of process of law, it would be appropriate to quash the impugned proceeding. Accordingly, I pass the following:

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ORDER

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i) Crl.P.No.5192/2019 is allowed.

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The impugned proceeding in CC.No.1356/2018 pending on the file of the learned JMFC, IV Court, Mysore is hereby quashed.

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ii) Crl.P.No.5190/2019 is allowed.

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The impugned proceeding in CC.No.1786/2018 pending on the file of the learned JMFC, IV Court, Mysore is hereby quashed.

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iii) Crl.P.No.5188/2019 is allowed.

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The impugned proceeding in CC.No.424/2011 pending

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on the file of the learned JMFC, II Court, Mysore is hereby quashed.

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iv) Crl.P No.5191/2019 is allowed.

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The impugned proceeding in CC.No.592/2019 pending on the file of the learned JMFC, II Court, Mysore is hereby quashed.

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Accordingly, pending IAs, if any, stand disposed of.

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Sd/JUDGE

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Sri. Mahadeva Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Mahadeva Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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