Lakshmipathi vs State of Karnataka

Type Court Judgment Court Karnataka Decided Jun 20, 2025

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Citation: sooperkanoon.com/1716760
Court: Karnataka High Court
Judge: S.R.Krishna Kumar
Decided On: Jun 20, 2025
Case Number: CRL.P/5832/2024

Parties & Advocates

Appellant / Petitioner

Lakshmipathi

Respondent

State of Karnataka

Excerpt

.....as an fir in -3- crime.no.262/2022 against the petitioner - accused no.3 and other accused persons - accused nos.1 and 2 for the alleged offences p/u/s 420, 448, 504, 506 r/w 34 of ipc. in the said complaint, the said second respondent de facto alleged that he purchased immovable property i.e., gramatna site bearing no.28, v.p.no.120, house list no.113 of doddakallasandra vilalge, uttarahalli hobli, bangalore south taluk from the father of accused no.1 vide registered sale deed dated 31.02.1992 despite which the accused no.1 and his son accused no.2 fraudulently and in collision with accused no.3, created a false and bogus sale deed dated 12.03.2016, pursuant to which, petitioner-accused no.3 attempted to trespass on to the property and as such, respondent no.2 filed the instant complaint which was investigated into and a charge sheet having been filed by the 1st respondent - police, the proceedings are pending in cc no.33525/2023 before the trial court. -4-4. during the pendency of the said proceedings,the respondent no.2 de facto complainant has already instituted a civil suit in o.s.no.3224/2025 against the petitioner and accused nos. 1 & 2 for declaration and possession and other reliefs in relation to the very same property which is the subject matter of the complaint.5. in view of the above said facts andcircumstances, in particular the pendency of the civil dispute in relation to immovable property in o.s. no.3224/2025 in relation to the subject matter of the complaint and since there are rival clams made by the petitioner- accused no.3 on one hand and other accused nos. 1 & 2 in respect of the very same immovable property, which is the subject matter of o.s. no.3224/2025, though several contentions are urged by both the sides in support of their respective claims, without expressing any opinion on the merits/demerits on the rival contentions, i deem it just and appropriate to quash the impugned proceedings only insofar as -5-.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5832 OF 2024 BETWEEN: LAKSHMIPATHI, S/O SHANKAR REDDY K, AGED ABOUT 43 YEARS, R/AT NO.44, 2ND CROSS, SIDDAPPA LAYOUT, KANAKAPURA MAIN ROAD, BANGALORE - 560 062. …PETITIONER (BY SRI.MANJUNATH B R., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY SUBRAMANYAPURA POLICE STATION,
Digitally            REPRESENTED BY
signed by            STATE PUBLIC PROSECUTOR,
KAVYA R              HIGH COURT OF KARNATAKA,
Location:            BANGALORE - 560 001.
High Court of Karnataka 2. SRINIVASAN T., S/O LATE T.R.TATACHAR, AGED ABOUT 66 YEARS, R/AT FLAT NO.207, SAI ARCHADE APARTMENT, 4TH CROSS, VENKATADRI LAYOUT, DORESANIPALYA, BANGALORE - 560 076. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; SRI.CHANDRASHEKAR S., ADVOCATE FOR R2) -2- THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.23555/2023 WHICH IS REGISTERED FOR THE OFFENCE P/U/S 420, 448, 504, 506 R/W 34 OF IPC OF SUBRAMANYAPURA POLICE STATION, PENDING ON THE FILE OF XXX ADDL. CMM AT BANGALORE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this Petition, Petitioner seeks the following relief:

"WHEREFORE, the Petitioner above named most respectfully prays that this Hon'ble court may be pleased to quash entire proceeding in C.C.No.23555/2023 which is registered for the offences punishable U/s 420, 448, 504, 506 r/w 34 of IPC of Subramanyapura Police Station, pending on the file of XXX Addl. Chief Metropolitan Magistrate at Bangalore, in the interest of justice."

2. Heard learned counsel for the Petitioner, learned HCGP for Respondent No.1 and learned counsel for Respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate

that the second Respondent filed the instant complaint on 24.08.2022 which was registered as an FIR in -3- Crime.No.262/2022 against the Petitioner - Accused No.3 and other accused persons - Accused Nos.1 and 2 for the alleged offences p/u/s 420, 448, 504, 506 r/w 34 of IPC. In the said complaint, the said second Respondent de facto alleged that he purchased immovable property i.e., Gramatna Site bearing No.28, V.P.No.120, House list No.113 of Doddakallasandra Vilalge, Uttarahalli Hobli, Bangalore South Taluk from the Father of Accused No.1 vide registered sale deed dated 31.02.1992 despite which the Accused No.1 and his son Accused No.2 fraudulently and in collision with Accused No.3, created a false and bogus sale deed dated 12.03.2016, pursuant to which, Petitioner-Accused No.3 attempted to trespass on to the property and as such, Respondent No.2 filed the instant complaint which was investigated into and a charge Sheet having been filed by the 1ST Respondent - Police, the proceedings are pending in CC No.33525/2023 before the trial Court. -4-

4. During the pendency of the said proceedings,

the Respondent No.2 de facto complainant has already instituted a civil suit in O.S.No.3224/2025 against the Petitioner and Accused Nos. 1 & 2 for declaration and possession and other reliefs in relation to the very same property which is the subject matter of the complaint.

5. In view of the above said facts and

circumstances, in particular the pendency of the civil dispute in relation to immovable property in O.S. No.3224/2025 in relation to the subject matter of the complaint and since there are rival clams made by the Petitioner- Accused No.3 on one hand and other Accused Nos. 1 & 2 in respect of the very same immovable property, which is the subject matter of O.S. No.3224/2025, though several contentions are urged by both the sides in support of their respective claims, without expressing any opinion on the merits/demerits on the rival contentions, I deem it just and appropriate to quash the impugned proceedings only insofar as -5- Petitioner-Accused No.3 is concerned and leaving open the Petitioner and Respondent No.2 to work out their respective remedies in O.S.No. 3224/2025 before the competent civil Court and to issue further directions in this regard.

6. In the above circumstances , I pass the following

ORDER:

i) The Petition is hereby allowed. ii) The proceedings in C.C. 23555/2023 which is registered for the offences punishable U/s 420, 448, 504, 506 r/w 34 of IPC , pending on the file of XXX Addl. Chief Metropolitan Magistrate at Bangalore, qua the Petitioner -Accused No.3 are hereby quashed. iii) Liberty is reserved in favour of the second respondent and petitioner to work out their respective remedies in O.S.No.3224/2025 before the competent Civil Court. -6- iv) All Rival contentions between the Petitioner, Respondent No.2 and Accused Nos. 1 & 2 before the competent civil Court are kept open without expressing any opinion on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 4 Sl No.: 8

Same Court & Year Karnataka · 2025 Same Parties Lakshmipathi vs State of Karnataka Same Judge S.R.Krishna Kumar