Criminal Petition No. 12272 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12272 OF 2023 C/W CRIMINAL PETITION NO. 11582 OF 2023 CRIMINAL PETITION NO. 11590 OF 2023 CRIMINAL PETITION NO. 12041 OF 2023 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA IN CRL.P No. 12272/2023 BETWEEN: ROOPESH M S/O R MANOHAR, AGED ABOUT 31 YEARS R/AT NO. 706, 3RD MAIN, 3RD BLOCK, HMT LAYOUT, NAGASANDRA, BENGALURU - 560073 (BY SRI. ABHISHEK K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PEENYA P .S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU - 560001 2. SRIDHAR S.R S/O LATE H RANGAIAH, AGED ABOUT 54 YEARS, NO 27/1, 1ST FLOOR, …PETITIONER - 2 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER VINAYAKA NILAYA, 4TH MAIN ROAD, 2ND WEST CROSS, L N COLONY, YESHWANTHPURA BANGALORE - 560022
Legal Reasoning
(BY SRI. M V ANOOP KUMAR., HCGP FOR R1 SRI. K DHIRAJ KUMAR, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ORDER DATED 15.09.2023 IN PCR NO.9811/2023 AND FIR AND PRIVATE COMPLAINT IN CR.NO.400/2023 REGISTERED BY PEENYA P.S., PENDING ON THE FILE OF THE 31ST A.C.M.M COURT BENGALURU FOR THE OFFENCE P/U/S 417,419,420,506B,120B OF IPC REGISTERED BY THE RESPONDENT NO.1 PEENYA P.S AT ANNEXURE A, B AND C BEFORE THE HONBLE 31ST A.C.M.M BENGALURU AND ETC. IN CRL.P NO. 11582/2023 BETWEEN: 1. R MANOHAR S/O LATE H RANGAIAH, AGED ABOUT 70 YEARS, R/A W/13, A CROSS, PIPELINE, NEAR BIG BAZAR, BASAPPA GARDEN, MALLESWARAM, BANGALORE 560003. AND ALSO R/AT NO. 706, AJJI MANE, 3RD MAIN, 3RD BLOCK, HMT LAYOUT, NAGASANDRA, BENGALURU 560073. 2. SUJATHA RANI P R W/O R MANOHAR, AGED ABOUT 51 YEARS, NO 706, AJJI MANE, 3RD MAIN, 3RD BLOCK, HMT LAYOUT, NAGASANDRA, BENGALURU 560073. (BY SRI. ABHISHEK K.,ADVOCATE) ...PETITIONERS - 3 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER AND: 1. STATE OF KARNATAKA BY PEENYA P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU 560001. 2. S NAGAMANI W/O SRIDHAR R AGED ABOUT 43 YEARS, NO 27/1, 1ST FLOOR, VINAYAKA NILAYA, 4TH MAIN ROAD, 2ND WEST CROSS, L N COLONY, YESHWANTHPURA, BENGALURU 560022 (BY SRI. M V ANOOP KUMAR, HCGP FOR R1 SRI. DHIRAJ A K, ADVOCATE FOR R2) ...RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ORDER DATED 15.09.2023 IN PCR.NO.9807/2023 AND FIR AND PRIVATE COMPLAINT IN CR.NO.401/2023 FOR THE OFFENCE P/U/S 417,419,420,506B,120B OF IPC REGISTERED BY THE RESPONDENT NO.1 PEENYA P.S., AT ANNEXURE A, B AND C BEFORE THE HONBLE 31ST A.C.M.M AND ETC. IN CRL.P NO. 11590/2023 BETWEEN: 1. R MANOHAR S/O LATE H RANGAIAH AGED ABOUT 70 YEARS R/AT W/13 A CROSS PIPELINE, NEAR BIG BAZAR BASAPPA GARDEN MALLESWARAM BANGALORE 560003 AND ALSO R/AT NO 706, AJJI MANE 3RD MAIN, 3RD BLOCK - 4 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER HMT LAYOUT, NAGASANDRA BENGALURU 560073 2. SUJATHA RANI P R W/O R MANOHAR AGED ABOUT 51 YEARS NO. 706, AJJI MANE 3RD MAIN, 3RD BLOCK HMT LAYOUT, NAGASANDRA BENGALURU 560073 (BY SRI. ABHISHEK KUMAR.,ADVOCATE) ...PETITIONERS AND: 1. STATE OF KARNATAKA BY PEENYA P S REP BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU 560001 2. SRIDHAR R S/O LATE H RANGAIAH AGED ABOUT 54 YEARS NO 27/1, 1ST FLOOR VINAYAKA NILAYA, 4TH MAIN ROAD, 2ND WEST CROSS L N COLONY, YESHWANTHPURA BENGALURU 560022 (BY SRI.M V ANOOP KUMAR, HCGP FOR R1 SRI K DHIRAJ KUMAR, ADVOCATE FR R2) ...RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 15.09.2023 IN PCR.NO.9811/2023 AND FIR AND PRIVATE COMPLAINT IN CR.NO.400/2023 FOR THE OFFENCE P/U/S 417, 419, 420, 506(B) AND 120(B) OF IPC REGISTERED BY THE RESPONDENT NO.1, PEENYA POLICE STATION AT ANNEXURE-A, B AND C BEFORE HONOURABLE XXXI ADDL.C.M.M., BENGALURU AND ETC. - 5 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER IN CRL.P NO. 12041/2023 BETWEEN: 1. KIRAN KUMAR AGED ABOUT 29 YEARS, S/O PRASANNA KUMAR NO. 706, AJJI MANE 3RD MAIN, 3RD BLOCK H M T LAYOUT, NAGASANDRA BANGALORE 560073 2. SURESH N AGED ABOUT 47 YEARS, S/O NARASIMHAIAH NO. 2 DODDABIDARAKALLU, BANGALORE NORTH, BANGALORE 560073 (BY SRI. UMAPATHI S.,ADVOCATE) AND: ...PETITIONERS 1. STATE BY PEENYA POLICE STATION, BANGALORE CITY, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001 2. SRIDHAR R AGED ABOUT 54 YEARS, S/O LATE H RANGAIAH, R/AT NO. 27/1, 1St FLOOR, SRI. VINAYAKA NILAYA 4th MAIN , 2nd WEST CROSS, LN COLONY, YESHWANTHPURA BANGALORE 22 (BY SRI. M V ANOOP KUMAR, HCGP FOR R1 NOTICE TO R2 IS SERVED AND UNREPRESENTED) ...RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF PCR.NO.9811/2023 AND TO QUASH THE FIR AND PRIVATE COMPLAINT IN CR.NO.400/2023 - 6 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER FOR THE OFFENCE P/U/S 417,419,420,506(B),120(B) OF IPC REGISTERED BY THE RESPONDENT NO.1 PEENYA POLICE STATION AT ANNEXURE A,B AND C PENDING ON THE FILE OF THE HONBLE XXXI A.C.M.M COURT BENGALURU AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused are common to all these petitions, which arise out of complaints filed by a husband and wife. The issues involved are interlinked. Therefore, the petitions are taken up together, heard, and
Decision
disposed of by a common order. 2. The petitioners/accused in all these petitions are facing trial for offences punishable under Sections 417, 419, 420, 506B, and 120B of the Indian Penal Code, 1860 (for short, ‘IPC’). 3. The common allegations in the complaints filed by the complainants are as follows: a. The complainant husband had received a hand loan from his friend for the purpose of establishing a business. As the hand loans were not repaid, there was pressure from the lenders to settle the loan amount. Accused No.1, who is the complainant’s brother, assured him that he would resolve the - 7 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER issue. Relying on this assurance, the complainant and his family members locked their house, went to the residence of Accused No.1, and handed over the cash credit account belonging to the complainant along with a cheque book containing 15 to 20 leaves. Of these, 4 blank signed cheques for amounts of ₹20,00,000/- each were given to Accused No.1. b. The prosecution further alleges that the complainants handed over a godown belonging to them, containing stocks worth approximately ₹25,00,000/- to ₹30,00,000/-, to Accused No.1. Additionally, Accused No.1 allegedly obtained a Gift Deed in his favor through undue influence and coercion, claiming it was for security purposes since he had undertaken the responsibility to clear the loans owed to the lenders. It is further alleged that Accused No.1, by taking undue advantage of the fraudulent Gift Deed, collected rent from tenants of the properties covered by the deed. 4. Learned counsel for the petitioners submitted that Respondent No.2 voluntarily executed a registered Gift Deed in favor of Accused No.1 to avoid payment of stamp duty and other registration charges, as Accused - 8 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER No.1 had agreed to clear the loans owed to the lenders. It was further submitted that there is no material evidence to substantiate that a godown containing stocks worth ₹25,00,000/- to ₹30,00,000/- was handed over to Accused No.1. Even if the allegations of inducement to execute a registered Gift Deed are accepted, they do not satisfy the essential elements required to constitute the offences alleged against the petitioners. 5. It was also submitted that civil suits are pending between the parties concerning the Gift Deed. During the pendency of the said suits, the validity of the Gift Deed cannot be examined in criminal proceedings. Therefore, the petitioners seek the quashing of the impugned proceedings. 6. Furthermore, it was contended that the private complaints were not accompanied by detailed verifying affidavits demonstrating compliance with Sections 154(1) and 154(3) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’). In support, reliance was placed on the decision of the Hon’ble Apex Court in Ranjit Singh Bath And Others v. Union Territory Chandigarh And Others reported in MANU/SCOR/29856/2025. 7. In response, learned counsel for Respondent No.2 argued that the charge sheet material clearly - 9 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER indicates that the Gift Deed was obtained by Accused No.1 fraudulently and that the veracity of these allegations can only be examined during the trial. He further contended that the mere pendency of a civil suit does not absolve the accused of criminal liability, and there is no bar on conducting criminal and civil proceedings simultaneously. Reliance was placed on the decision of the Hon’ble Apex Court in Syed Askari Hadi Ali Augustine Imam And Another v. State (Delhi Administration) And Another reported in (2009) 5 SCC. 8. The allegation is that Accused No.1 obtained the Gift Deed from the complainant husband by exerting undue influence and coercion. However, there is no specific allegation that Accused No.1, with an intention to deceive, induced the complainant to execute the Gift Deed. To constitute an offence of cheating, it must be established that the accused induced the complainant to execute the Gift Deed with the intention to deceive. Mere allegations of undue influence and coercion are insufficient to satisfy the essential elements of an offence under Section 420 of the IPC. 9. Whether the Gift Deed was obtained through undue influence and coercion is a matter to be adjudicated - 10 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER in the pending civil suit between the parties by the Trial Court. 10. Another allegation is that the petitioners/accused were entrusted with the godown containing stocks worth ₹25,00,000/- to ₹30,00,000/- and that they fraudulently sold the stocks to third parties, thereby committing the offence of criminal breach of trust. However, there is no material evidence to substantiate that the godown belonging to the complainant was handed over to Accused Nos.1 and 2. Apart from the complainant’s self-serving statement, no evidence has been presented. In the absence of any material evidence, the petitioners cannot be prosecuted for criminal breach of trust based solely on the complainant’s statement. 11. The complainants also allege that the petitioners induced them to hand over 4 blank signed cheques for amounts of ₹20,00,000/- each. However, there is no material evidence to substantiate this allegation, and it is noted that the cheques have not been encashed by the petitioners/accused to date. The validity of the Gift Deed is still pending consideration before the Trial Court in the pending suits. 12. The offences alleged against the petitioners are cognizable and non-compoundable. Before filing a private - 11 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER complaint, the complainants were required to comply with Sections 154(1) and 154(3) of the Cr.P.C. 13. A perusal of the private complaint indicates that a verifying affidavit was filed, but there is no specific assertion in the affidavit regarding compliance with Sections 154(1) and 154(3) of the Cr.P.C. The complaint itself does not disclose that it was filed after adhering to the requirements of Sections 154(1) and 154(3) of the Cr.P.C. Therefore, in light of the ratio enunciated by the Apex Court in Priyanka Srivastava & Anr vs State Of U.P. & Ors reported in 2015 (6) SCC 287, and in Ranjit Singh Bath And Others, the private complaint filed without complying with Sections 154(1) and 154(3) of the Cr.P.C. is not maintainable. 14. In view of the above discussion, the continuation of the criminal proceedings would constitute an abuse of the legal process. Accordingly, I pass the following: ORDER i. The petitions are allowed. - 12 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER In Crl.P.No.12272/2023 ii. The impugned proceedings in PCR.No.9811/2023 on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. In Crl.P.No.11590/2023 iii. The impugned proceedings in PCR.No.9811/2023 on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. In Crl.P.No.11582/2023 iv. The impugned proceedings in PCR.No.9807/2023 on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. In Crl.P.No.12041/2023 v. The impugned proceedings in PCR.No.9811/2023 on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. vi. The Trial Court shall not be influenced by any observation made in this order and observation made, if any, is only for the purpose of present petition. vii. The Trial Court to adjudicate suit strictly on the available material and record. - 13 - NC: 2025:KHC:13645 CRL.P No. 12272 of 2023 C/W CRL.P No. 11582 of 2023 CRL.P No. 11590 of 2023 AND 1 OTHER All the contentions of the parties in relation to validity of the Gift Deed are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE PNV - List No.: 1 Sl No.: 46