Criminal Petition No. 9870 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:23635 CRL.P No. 9870 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9870 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: SMT ANITA DORINE FERNANDES W/O LAWRENCE PAUL AGED ABOUT 53 YEARS R/AT THE LAUREL VAILANKANNI COTTAGE, MUGARODY ROAD PADAVINANGADY, KONCHADY POST MANGALORE TALUK - 575002 …PETITIONER Digitally signed by REKHA R Location: High Court of Karnataka (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA
Legal Reasoning
BY MANGALORE EAST POLICE STATION MANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001 2. PRASHOBHA W/O PRAVEEN KUMAR AGED ABOUT 47 YEARS DOOR NO: 15-22-1388/1, NAMMANE, NEAR ESI HOSPITAL - 2 - NC: 2025:KHC:23635 CRL.P No. 9870 of 2022 HC-KAR BENDOOR MANGALORE-575003
Legal Reasoning
(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.S.RAJASHEKAR, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.113/2021 IN PCR NO.107/2015 FILED BY THE RESPONDENT NO.2 ON THE FILE OF THE II ADDITIONAL Sr.CIVIL JUDGE AND CJM, MANGALURU AGAINST OFFENCE THE P/U/S.417,465,467,468,471,420 OF IPC. PETITIONER FOR THE THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.2 has filed this petition under Section 482 Cr.P.C, with a prayer to quash the criminal proceedings initiated against her in C.C.No.113/2021 (PCR.No.107/2015) on the file of II Addl.Senior Civil Judge and CJM, Mangaluru for the offences punishable under Sections 417, 465, 467, 468, 471, 420 IPC. - 3 - NC: 2025:KHC:23635 CRL.P No. 9870 of 2022 HC-KAR 2. In support of the petition, the petitioner has contended that based on the complaint in PCR.No.107/2015 filed by respondent No.2, the trial Court referred it to the jurisdictional police for investigation. After the investigation, the concerned police have filed charge sheet against accused Nos.1 and 2 including the petitioner for the offences punishable under Sections 417, 465, 467, 468, 471, 420 IPC. 3. It is alleged that complainant is the owner of the property and petitioner has purchased the same from accused No.1, as PA holder of the complainant and that the said GPA is forged and fabricated. There are no allegations that petitioner is involved in the forging and fabrication of the GPA. Complainant has already filed suit in O.S.No.851/2022 and summons is issued and it is pending for consideration. Already temporary injunction is granted in favour of respondent No.2. Having regard to the fact that the dispute between the parties is civil in nature, continuation of the criminal proceedings would amount to abuse of the - 4 - NC: 2025:KHC:23635 CRL.P No. 9870 of 2022 HC-KAR process of the Court and the trial Court without following the procedure has referred the matter for investigation. Along with complaint affidavit of the complainant was not filed and directions in Priyanka Srivastava Vs. State of U.P (Priyanka Srivastava)1 are not followed and hence, the petition. 4. In support of his arguments, learned counsel for petitioner has relied upon by the decision in Mohammed Ibrahim and Ors Vs. State of Bihar and Anr. (Mohammed Ibrahim)2. 5. On the other hand learned High Court Government Pleader representing the respondent No.1 State and learned counsel for respondent No.2 submit that petitioner is no other than the sister-in-law of accused No.1. They are colluding together. In fact petitioner has not initiated any proceedings against accused No.1. The FSL report support the allegations that the GPA is forged. Though
Decision
ORDER Petition filed by the accused No.2 under Section 482 Cr.P.C is hereby rejected. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 48