REVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.PC, praying this Court to quash the proceedings initiated against the petitioners herein in Crime No. 24/2020 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru and pass such other order as deems fit in the circumstances of the case.

(2.) The factual matrix of the case is that the Respondent No. 2 had lodged a complaint with the Respondent No. 1 vide complaint dated 3.2.2020 making allegation against these petitioners that they have created a power of attorney and forged the signature of the complainant and making use of the power of attorney executed gift deed and also sale deeds in respect of property bearing Nos. 1/1A, 1/1B to the extent of 1 acre 32 guntas situated at Arehalli Village, Uttarahalli Hobli, Bengaluru South Taluk. Based on the complaint, the Police have registered the case against the petitioners for the offences punishable under Sections 465, 468, 471, 420 of IPC read with Section 34 of IPC. Hence, the petitioners are before this Court.

(3.) Learned counsel for the petitioners would vehemently contend that the alleged power of attorney dated 6.7.1995 and the same is executed by the complainant/Respondent No. 2 and only in the year 2020, notice was issued and also filed a civil suit. When the civil suit is pending before the trial Court with regard to the alleged offence of forgery and fabrication of documents and there is presumption under Section 85 of the Indian Evidence Act in respect of execution of the document, the complaint is nothing but an abuse of process, giving criminal colour to the civil dispute between the parties. Learned Counsel also brought to the notice of this Court with regard to exchange of notice between the parties and also brought to the notice of this Court the original suit in O.S. No. 3747/2020 and also averments made in the complaint. Learned Counsel also relied upon the power of attorney which is marked as Annexure-G. When the civil suit is pending between the parties and allegation has to be proved in the said case and after conclusion of the said case, the Respondent No. 2 can initiate criminal proceedings and there cannot be two parallel proceedings against the petitioners both in civil and criminal proceedings.