Shri C S Chandra Shekar Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.12.2021 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.45/2019 (OLD C.C.NO.894/2015) ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., CHICKBALLAPUR REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 420 READ WITH 34 OF IPC., 1860, IN THE ENDS OF JUSTICE.

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The criminal petition is filed with the following

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prayer:-

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"WHEREFORE in the light of the above, the Petitioners prays that this Hon'ble Court may be pleased set aside the impugned order dated 27/12/2021 and consequently quash the entire proceedings in CC No.45/2019 (Old CC No.894/2015) on the file of the Principal Senior Civil Judge and CJM, Chickballapur registered against the Petitioners for the offence punishable under section 420 read with section 34 of the IPC, 1860 in the ends of Justice."

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The complainant alleging that her sons and daughters-in-law played fraud on her and made her to execute a gift deed in respect of a property, filed a complaint before the respondent-police, which has resulted in C.C.No.45/2019 (old C.C.No.894/2015) being

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HC-KAR

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initiated against the petitioners herein. Petitioners are the

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sons and daughters-in-law of the complainant.

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It is submitted by the counsel for the petitioners that subsequently, the complainant also filed O.S.No.228/2013 challenging the gift deed, which resulted in a compromise and the suit has been dismissed as settled out of court. It is submitted that in the said suit, the complainant agreed that there was no fraud played and the gift deed has been executed by her voluntarily. It is also submitted that thereafter, the original complainant has died. For the said reason, it is prayed that the proceedings in C.C.No.45/2019 be set aside.

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Learned High Court Government Pleader appearing for the respondent has no objection for the same.

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For the aforementioned reasons, the criminal petition is allowed . The proceedings in C.C.No.45/2019 (old C.C.No.894/2015) pending on the file of the Principal

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