Smtt. Vadru Huligemma W/O Vadru Hulugappa Vs the… — Cheating and Forgery | Karnataka HC (2025)

Smtt. Vadru Huligemma W/O Vadru Hulugappa Vs the… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; FIR in Crime No.38/2025 of Hagaribommanahalli Police Station and the entire further criminal proceedings for offences under Sections 420, 465, 468 and 471 of IPC, pending before the learned Additional Senior Civil Judge and CJM, Hagaribommanahalli, Vijayanagara District, insofar as the petitioner is concerned, quashed; pending interlocutory applications disposed of as not surviving.

Issue for consideration

Whether the FIR in Crime No.38/2025 of Hagaribommanahalli Police Station and the entire further criminal proceedings against the petitioner, registered for offences punishable under Sections 420, 465, 468 and 471 of IPC on the allegation that she submitted a fabricated document for khata change of land bearing Sy.No.606/B1, ought to be quashed.

Court's answer

The de facto complainant failed to show dishonest intention on the part of the petitioner; since the petitioner is the wife of deceased Waddar Hulagappa (whose name was recorded as owner in the grant certificate dated 10.05.1962 and the Record of Rights for 1962 till 1979), the question of creating the document would not arise.

Ratio / Principle

Continuation of the criminal case against the petitioner would be an abuse of process of law.

Key takeaways

The entire criminal proceedings in Crime No.38/2025 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 420, 465, 468 and 471 of IPC, pending on the file of learned Additional Senior Civil Judge and CJM, Hagaribommanahalli, Vijayanagara District, are quashed.ratio¶50

Detailed headnote1 paragraphs

Criminal Petition (S.482 Cr.P.C. / S.528 BNSS) - Quashing of FIR and further proceedings - FIR Crime No.38/2025, Hagaribommanahalli P.S. (dated 12/03/2025) under Sections 420, 465, 468 and 471 IPC - Allegation that petitioner (accused), a 60-year-old agriculturist, submitted a fabricated document for khata change of land bearing Sy.No.606/B1 of Bachighondanahalli (5-Acres 38-Guntas) - Petitioner had produced grant certificate dated 10.05.1962 and Record of Rights (1962 to 1979) showing Waddar Hulagappa as owner/Khatedar, and the Tahasildar's order dated 18.05.2023 mutated her name - Held: de facto complainant failed to show dishonest intention on the part of the petitioner; petitioner is the undisputed wife of deceased Waddar Hulagappa, so the question of creating the document would not arise; continuance would be an abuse of process of law - Petition allowed; entire criminal proceedings quashed (Single Judge, Venkatesh Naik T).

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NC: 2025:KHC-D:8931 CRL.P No. 101708 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 18^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO.101708 OF 2025 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

SMT. VADRU HULIGEMMA W/O. VADRU HULUGAPPA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. H. NO.088, BACHIGONDANAHALLI-2 VILLAGE, H. B. HALLI TALUK, DIST. VIJAYANAGARA.

…PETITIONER

(BY SHRI ROHIT PATIL AND SHRI SHRIKANT T. PATIL, ADVOCATES)

AND:

Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

THE STATE OF KARNATAKA, THROUGH HAGARIBOMMANAHALLI P.S., R/BY. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580001.

…RESPONDENT

(BY SHRI ABHISHEK MALIPATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS), PRAYING TO QUASH THE FIR IN CRIME NO.38/2025 DATED 12/03/2025 BY HAGARIBOMMANAHALLI P.S. AND ALL FURTHER PROCEEDINGS INITIATED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 465, 468 AND 471 OF IPC ON THE FILE OF ADDL. CIVIL JUDGE (SR. DN) AND CJM COURT, HAGARIBOMMANAHALLI, VIJAYANAGARA DIST. IN SO FAR AS PETITIONER HEREIN-ACCUSED IS CONCERNED, IN THE ENDS OF JUSTICE AND ETC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Shri Rohit T.Patil and Shri Shrikant T.Patil., the learned counsels for the petitioner and Shri Abhishek Malipatil., the learned High Court Government Pleader for respondent – State.

The petitioner – accused has filed this petition under Section 482 of Cr.P.C., [528 of BNSS, 2023], praying to quash the entire proceedings in FIR in Crime No.38/2025 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 420, 465, 468 and 471 of IPC, pending on the file of learned Additional Senior Civil Judge and CJM,

Hagaribommanahalli, Vijayanagara District.

Brief facts of the prosecution case is as under;

The de facto complainant/Revenue Inspector of Hagaribommanahalli, Taluka Office, has filed a complaint

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against the petitioner alleging that the petitioner submitted a fabricated document for the purpose of effecting a khata change in respect of land bearing Sy.No.606/B1 of Bachighondanahalli, Hagaribommanahalli taluk. Hence, a case was registered against the petitioneraccused, which led to registration of FIR and initiation of investigation. Taking exception to the same, the petitioner has filed this petition.

Learned counsel for the petitioner contended that petitioner is innocent of the alleged offences, she has

not committed any offence; soon after the death of husband of petitioner, she filed an application for change of khata, whose name was duly recorded in all revenue records. In support of his argument, he has furnished the Record of Rights of the year 1962, 1968-1979. Hence, continuation of criminal proceedings insofar as the petitioner is concerned, is an abuse of process of law. Thus, he prayed to quash the entire proceedings.

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Learned High Court Government Pleader for

respondent – State contended that there is a prima-facie material against the petitioner and petitioner has forged the documents. Thus, he prayed for dismissal of the petition.

Perused the material available on record.

Upon perusal of the material available on

record, it appears that the de facto complainant lodged a complaint to the Hagaribommanahalli police station alleging that the petitioner submitted a forged document for change of Khata in respect of the land bearing Sy.No.606/B1 of Bachighondanahalli, Hagaribommanahalli taluk measuring 5-Acres 38-Guntas. In the instant case, the petitioner-accused has furnished the grant certificate dated 10.05.1962, wherein, the name of Waddar Hulagappa S/o Ramanna is mentioned as owner of the property in respect of the land bearing Sy.No.606/B1 measuring 5-Acre 38-Guntas. The petitioner has also

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submitted the Record of Rights for the year 1962 till 1979, wherein, the name of Waddar Hulagappa is shown as owner and Khatedar of the land. Further, the proceedings of Tahasildar, Hagaribommanahalli dated 18.05.2023 reveals that the Tahasildar passed an order mutating the name of present petitioner in respect of land bearing Sy.No.606/B1 measuring 5-Acre 38-Guntas. However, on 12.03.2025, the de facto complainant has filed the present case.

At this juncture, the de facto complainant failed to show dishonest intention on the part of the petitioner. Since petitioner is the wife of deceased Waddar Hulagappa, the question of creating the document, would not arise. It is not disputed that the petitioner herein is the wife of deceased Waddar Hulagappa. When such being the case, creating of forged document for change of Khata in respect of the aforesaid land, would not arise and if criminal case is continued against the petitioner, would be an abuse of process of law. Hence, the following:

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ORDER

The petition is allowed.

The entire criminal proceedings in Crime No.38/2025 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 420, 465, 468 and 471 of IPC, pending on the file of learned Additional Senior Civil Judge and CJM, Hagaribommanahalli, Vijayanagara District, is hereby quashed.

In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

Sd/(VENKATESH NAIK T) JUDGE

AM/CT-AN

List No.: 2 Sl No.: 32