IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5974/2014 BETWEEN:
1. SMT. ANITHA ASHOK, W/O LATE DR.M.M.ASHOK, AGED ABOUT 58 YEARS, 2. KUM. ARPITHA, D/O LATE DR.M.M.ASHOK, AGED ABOUT 31 YEARS, BOTH ARE RESIDING AT NO.422, PRAGATHI CLINIC, 14TH CROSS, SHASTRINAGAR, BANGALORE – 560 028.
PRESENTLY RESIDING AT NO.896, 6TH MAIN, NEW EXTENSION, KAVALBYRASANDRA, R.T.NAGAR, BANGALORE – 560 032.
3. SMT. AKSHATHA SANDEEP, W/O SANDEEP, AGED ABOUT 34 YEARS, R/AT NO. 896, 6TH MAIN, NEW EXTENSION, KAVALBYRASANDRA, R.T.NAGAR, BANGALORE – 560 032. …PETITIONERS (BY SRI.NAVEENARADHYA S., ADVOCATE FOR SRI.HAREESH BHANDARY T., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY PSI, TYGARAJANAGAR POLICE STATION, JAYANAGAR SUB DIVISION, BANGALORE – 560 041.
2. SRI.JAGADISH M.G., S/O GANGADHAR, AGED 42 YEARS, R/AT NO.297-801, 8TH CROSS, SHASTRINAGAR, BANGALORE – 560 028. ... RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP – II FOR R1; SRI.A.SRINIVAS, ADVOCATE AND SRI. B.SATEESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR, TAKING COGNIZANCE OF THE OFFENCE U/S 506, 384, 420 R/W SECTION 34 OF IPC, IN CRIME NO.89/14 FILED AGAINST THE PETITIONERS BEFORE THE VIII ADDL.C.M.M., BANGALORE BY THE RESPONDENT.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought to quash the FIR registered against them in Cr.No.89/2014 for the offences punishable under Sections 506, 34, 384, 420 r/w section 34 of IPC.
2. The allegations made against the petitioners are that accused Nos.1 to 4 being the owners of the immovable property comprised in site No.297/801 of 8th Cross, Shastrinagar, Bengaluru, had entered into an agreement to sell the said property in favour of accused Nos.5 and 6. During the subsistence of the agreement, with intention to cheat the complainant, the very same property was sold to the complainant under a registered sale deed dated 21.02.2014 and subsequently, all the accused persons are stated to have attempted to extort Rs.25 lakhs from the complainant and also issued life threat to him.
3. As submitted by the learned SPP-II, investigation is completed and necessary material is collected in proof of the above charges. Hence, there is no ground to quash the proceedings. Accordingly, the petition is dismissed.
4. In view of dismissal of the petition, I.A.No.1/2014 filed for stay does not survive for consideration. Accordingly, I.A.No.1/2014 is dismissed.
Sd/- JUDGE TL