Yashaswini S. J. , D/o M. S. Gopalaraje Urs v. State of Karnataka
2025-06-16
S.R.KRISHNA KUMAR
body2025
DigiLaw.ai
ORDER : S.R.KRISHNA KUMAR, J. In these petitions, the petitioners seeks the following reliefs: "Wherefore the petitioner most humbly prays that this Hon'ble Court may be pleased to quash the FIR in Crime No.68/2023 for the offence punishable under Sections 506 , 34, 420, 465, 468, 417 of IPC by Bettadapura police, pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC Court, Periyapatana, Mysore in the interest of justice and equity." 2. A perusal of the material on record will indicate that the 2 nd respondent/defacto complainant namely Smt.B.R.Nalini in both these petitions filed the complaint, which came to be registered as an FIR in Cr.No.68/2023 against Smt. Yashaswini S.J./accused No.1 - petitioner in Criminal Petition No.13059/2024 and Sri. Chandrakantharaje Urs T/accused No.2 - petitioner in Criminal Petition No.2815/2024 for the alleged offences under Sections 506 , 34, 420, 465, 468 and 417 of Indian Penal Code dated 30.03.2023. 3. Heard the learned counsel for the petitioners and learned counsel for the respondent No.2/defacto complainant and perused the material on record in both these petitions. 4. A perusal of the material on record will indicate that the respondent No.2 in her complaint has specifically alleged that the petitioners have committed the aforesaid offences in as much as, the petitioner/accused No.2 is guilty of forgery and fabrication of a Will dated 07.03.2014 alleged to have been executed by the father of accused No.1 in her favour and a probate in this regard was obtained by accused No.1 in P & S.C. No.8/2016 dated 10.03.2017 which is an outcome of fraud played and practiced by accused No.1. It is also contended that subsequently, accused No.1 approached the jurisdictional Tahasildar for change of revenue records and the same was obtained with the collusion of accused No.2 on the basis of a forged GPA dated 10.11.2017 alleged to have been executed by respondent No.2/defacto complainant and her family members. It is further alleged that both the petitioners are guilty of using fabricated documents as true documents by creating false evidence and as such, they are liable to be prosecuted for the aforesaid offences. 5.
It is further alleged that both the petitioners are guilty of using fabricated documents as true documents by creating false evidence and as such, they are liable to be prosecuted for the aforesaid offences. 5. Per contra, learned counsel for the petitioners in both the petitions invited my attention to the material on record in order to point out that apart from the fact that the petitioners are not guilty of the alleged offences, a comprehensive civil suit for declaration and consequential relief is already pending before the jurisdictional Civil Court in O.S.No.209/2022 filed on 19.09.2022 much prior to filing of the present complaint and consequently in the light of the judgments of the Hon'ble Apex Court in the case of Usha Chakraborty and anr. Vs. State of West Bengal - (2023) 15 SCC 135 and Paramjeet Batra Vs. State of Uttarakhand and another - (2013) 11 SCC 673 , the impugned proceedings deserves to be quashed. 6. I have given my anxious consideration to the rival contentions and perused the material on record. 7. A perusal of the material on record will indicate that apart from making the aforesaid allegations for the aforesaid alleged offences against the petitioners, respondent No.2/defacto complainant herself refers to the suit in O.S.No.209/2022 pending between the parties before the competent Civil Court. In this context, the undisputed material on record clearly establishes that accused No.1 is the daughter of one M.S.Gopalaraje Urs and it is alleged by her that he had executed a Will dated 07.03.2014 and upon his demise in the year 2015, accused No.1 became the owner of the property in question and had obtained the probate of the Will in P & S.C. No. 8/2016 vide order dated 10.03.2017. It is also contended by accused No.1 that the revenue records were transferred to her name by Tahasildar vide order dated 19.07.2018 and the appeal filed by respondent No.2/complainant was dismissed by the Assistant Commissioner on 10.06.2020 by directing respondent No.2 to approach the competent Civil Court.
It is also contended by accused No.1 that the revenue records were transferred to her name by Tahasildar vide order dated 19.07.2018 and the appeal filed by respondent No.2/complainant was dismissed by the Assistant Commissioner on 10.06.2020 by directing respondent No.2 to approach the competent Civil Court. In pursuance of the same, respondent No.2 has already approached the competent Civil Court and has specifically stated in her plaint that her attempts to approach the police authorities and complain about the forgery said to have been committed by accused No.1 of the Will and the forgery said to have been committed by accused No.2 in relation to an alleged GPA dated 10.11.2017 were not considered by the police authorities and as such, she was constrained to approach the competent Civil Court. 8. Under these circumstances, it is clear that the dispute between the parties, in relation to title over the property in question between accused No.1 and the family of complainant as well as GPA alleged to have been executed in favour of accused No.2 by the family members is seized by the competent Civil Court and the defacto complainant has herself referred to the pendency of civil suit, in which the plaint reads as under: 9. The respondent No.2 alleges in the impugned complaint as under: 10. The aforesaid facts and circumstances clearly establish that there is a dispute regarding title of the property between the accused No.1 and the family of respondent No.2/complainant and inter se between the family of respondent No.2 and the accused No.2 which is seized by the competent Civil Court and would necessarily have to be adjudicated upon by the competent Civil Court and consequently, the question of proceeding further pursuant to the impugned FIR would amount to abuse of process of law, warranting interference by this Court in the present writ petitions. 11. In view of the above, I pass the following: ORDER (i) The petitions are allowed. (ii) The proceedings arising out of Crime No.68/2023 registered by 1 st respondent – Police registered for the offences punishable under Sections 506 , 34, 420, 465, 468, 417 of IPC pending on the file of Additional Civil Judge (Jr.Dn.) & JMFC Court, Periyapatna, Mysore, insofar as the petitioners/accused Nos.1 and 2 are concerned, are hereby quashed.