Sri. M Goutham Chand Vs State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2735/2021 (CR.NO.96/2021 OF TAVAREKERE P.S) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 420,323,504,506,34 OF IPC AS AGAINST THE PETITIONERS.

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THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioners who are arraigned as accused Nos.1 and

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2, have filed this petition under the Section 482 Cr.P.C, to

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pass the criminal proceedings initiated against them in C.C.No.2735/2021 (arising out of Cr.No.96/2021 of Tavarekere PS), for the offences punishable under Sections 420, 323, 504, 506 r/w Section 34 IPC.

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HC-KAR

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For the sake of convenience the parties are

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referred to by their rank before the trial Court.

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In support of the petition, petitioners/accused Nos.1 and 2 have contented that they are husband and wife. Accused No.1 purchased land in Sy.No.28 of Varthuru, Narasipura village, Tavarekere Hobli, Bangalore South, measuring 5 acres 14 guntas + 3 guntas of kharab through registered sale deed dated 31.03.2016 from M/s DLF housing Company and 3 others represented by their general power of attorney holder accused No.4 V.Ravi Kumar. Accused No.1 has gifted the said property in favour of accused No.2 through registered gift deed dated 30.03.2017. Since from the date of purchase accused Nos.1 and 2 are in possession and enjoyment of the schedule property.

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3.1 However, accused No.4 V.Ravi Kumar created an unregistered GPA dated 16.02.2017 in the name of accused No.1 in collusion with advocate & Notary Aravind

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HC-KAR

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Patil G.G and Siddarudh M.J in respect of 20 guntas of land

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out of 5 acres 14 guntas. Making use of the fraudulent GPA, accused No.4 V.Ravi Kumar has executed a registered agreement of sale dated 28.03.2017 in collusion

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with accused No.5. Based on the said agreement of sale, accused Nos.4 and 5 in collusion with respondent No.2 have executed registered dated 01.06.2017 in respect of site No.93 said to have been formed in 20 guntas of land.

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3.2 Accused Nos.1 and 2 have not at all formed any

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layout in any extent of 5 acres 14 guntas. Accused Nos.1 and 2 came to know about these transactions only when some third parties along with respondent No.2 came near the scheduled property and started interfering. In respect of the same, accused No.1 filed PCR.No.37/2020 against respondent No.2 V.Ravi Kumar, Aravind Patil G.G and Siddarudha. On reference to police for investigation, it was registered in Cr.No.337/2020 of Tavarekere PS. However, without conducting proper investigation, the concerned police have filed 'B' report. Respondent No.2 filed a false

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HC-KAR

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complaint in PCR.No.191/2020 against accused Nos.1 to 5, including the petitioners alleging interference. On reference, it was registered in Cr.No.96/2021. Without conducting proper investigation, the concerned police have filed charge sheet in C.C.No.2735/2021. Aggrieved by the same, accused Nos.1 and 2 have filed this petition on the following:

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GROUNDS

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(i) The filing of the charge sheet is highly illegal, arbitrary and opposed to the principles of natural justice and as such liable to be quashed. Accused Nos.4 and 5 in collusion with respondent No.2 have create forged documents. The signatures found in the unregistered GPA is forged and consequently, accused Nos.1 and 2 are not responsible for the subsequent documents. Accused Nos.4 and 5 in collusion with the advocate Aravind Patil G.G have allegedly formed 48 sites in 20 guntas which is highly improbable. By collecting huge money, they have cheated many people. The concerned police have not even

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HC-KAR

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bothered to compare the signatures in the GPA with that of accused No.1 and filed 'B' report, even though he has furnished all the documents. In the light of the above facts and circumstances, continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition.

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During the course of the arguments, learned counsel representing accused Nos.1 and 2 submitted that similar criminal proceedings initiated against them came to be quashed in Crl.P.No.6719/2022 and connected matters and also in Crl.P.No.9849/2022.

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Learned High Court Government Pleader

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submitted that this petition is covered by the orders in the above cases.

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Heard arguments and used the record.

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Thus, respondent No.2, who is the complainant

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is claiming ownership and possession over site No.93 formed in Sy.No.28 from accused No.1, through his power

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HC-KAR

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of attorney holder who is arraigned as accused No.4 V.Ravi

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Kumar, alleging that when she tried to put up construction, there was interference and when she approached the concerned police and higher officers, they did not respond. Hence, she filed a private complaint in PCR.No.191/2020. On reference, it was registered in Cr.No.96/2021 and after conducting detailed investigation, charge sheet is filed in C.C.No.2735/2021.

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Accused Nos.1 and 2 are seeking quashing of the criminal proceedings initiated against them, contenting that accused No.4 V. Ravi Kumar and an advocate/Notary by name Aravind Patil G.G and Siddarudh M.J have concocted unregistered power of attorney and on that basis, the sale agreement came into existence. In fact, other criminal cases initiated against them have been quashed and this case is also covered by the said orders.

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At the outset, it is relevant to note that in the petition, accused Nos.1 and 2 have claimed that accused

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HC-KAR

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No.1 has purchased entire 5 acre 14 guntas + 3 guntas of Kharab land through registered sale deed dated 31.03.2016 from M/s DLF Housing Co-operative and three others. According to the complainant, accused No.1 executed a GPA in respect of 20 Guntas in favour of accused No.4 and he in turn executed sale deed in favour of complainant in respect of site No.93 vide sale agreement dated 16.02.2017. On the other hand, accused Nos.1 and 2 claim that the entire extent of 5 acres 14 guntas + 3 guntas of kharab land was gifted by accused No.1 in favour of accused No.2 through gift deed dated 30.03.2017, which is subsequent to the sale agreement in favour of complainant. Complainant has also claimed that on 01.06.2017, accused No.1 through his power of attorney holder, V.Ravi Kumar (accused No.4) and M/s Vardhini housing Pvt Ltd have executed registered sale deed.

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It is also relevant to note that accused No.1 filed a complaint in PCR.No.37/2020 against complainant V.Ravi

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HC-KAR

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Kumar, Aravind Patil G.G and Siddarudh M.J as accused Nos.1 to 4. It was referred for investigation and case was registered in Cr.No.337/2020. However, after conducting detailed investigation, the concerned police have filed 'B' report dated 24.11.2020, where it is specifically stated that despite calling upon accused No.1 to produce necessary documents for comparison with the alleged concocted power of attorney to ascertain whether it is executed by him or not, accused have failed to produce the said documents. Therefore, they could not conduct investigation and ultimately, they were forced to file 'B' report. Admittedly, accused Nos.1 and 2 have not challenged the 'B' report. At least they have not produced any documents to show that they have challenged it.

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In the complaint, the complainant has pleaded

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that accused No.2 filed a suit in O.S.No.217/2017 against Vardhini Housing Pvt Ltd. After written statement was filed, she has withdrawn the said suit. Accused No.1 filed suit in the Court of Senior Civil and JMFC, Magadi against

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HC-KAR

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her for declaration, recovery of possession, cancellation of

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sale and other relief, which clearly indicates that he is admitting the possession of complainant over the site in question. So far as the allegations in the complaint that on 15.10.2020, when complainant tried to put up construction in the site, the accused persons abused her in filthy language and gave threat to her life if she fails to vacate the site and assaulted her attract criminal liability.

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Even though the dispute between the parties is civil in nature, in the light of the specific allegations made in the complaint, which is fortified by the charge sheet, there is prima facie material to show that on 15.10.2020, the accused persons abused the complainant and assaulted her and also gave threat to her life. These aspects are required to be established in a full fledged trial. In the light of the fact that there are specific allegations, attracting the criminal liability, this Court is of the considered opinion that this case is not covered by the earlier order passed by the Co-ordinate Bench of this

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HC-KAR

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Court, quashing the criminal proceedings against the petitioners.

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In the light of the same, this Court is of the considered opinion that prosecution must be given opportunity to prove the allegations made against the accused persons, including the petitioners, and it is not a case for quashing the criminal proceedings and

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accordingly, the following:

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ORDER

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