MAMATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under Sec. 482 of Cr.P.C., for quashing the FIR in Crime No.46/2021 registered by Mahadevapura Police Station for the offences punishable under Ss. 406, 420 read with Sec. 34 of IPC.

(2.) Heard the arguments of learned counsel for the petitioner, learned High Court Government Pleader for the respondent No.1-State and learned senior counsel for respondent No.2.

(3.) The case of the petitioner is that on the complaint of respondent No.2-Ravi Reddy, the Police registered a case on 11/2/2021 alleging that he has run the company in the name of Classic Engineering Industries and it has been sold down. In the year 2005, accused No.1-Shivaraj became friend and he has approached the complainant for financial help. Accordingly on 11/3/2016, the complainant had paid Rs.11.00 lakhs by cash and also Rs.15.00 lakhs by way of cheque in the name of wife of this petitioner, thereafter, the accused received cash on 18/3/2017, 10/4/2017, 12/6/2017, 30/6/2017, 1/10/2017, 12/10/2017 and 8/12/2017 and totally Rs.1,45,85,000.00 from the complainant and did not repaid. He has paid Rs.15.00 lakhs to the complainant and due for Rs.1,30,85,000.00. Subsequently, accused No.1 agreed to sell the property measuring 1,200 sq.ft. site No.222 situated at K.R. Puram Hobli, Kundanahalli Taluk and also executed the sale deed in favour of complainant. Accused No.2 sold the said property to the complainant and accused No.1 is said to be the witness for the same. Subsequently, when the complainant filed an application for change of khatha, at that time, it came to know that the accused were already sold the said property to some other person by name Lakshman, thereby, the accused person has cheated the complainant. Therefore, prayed for taking action. After registering the case, the Police had taken up the investigation and this petitioner is accused No.4 who is said to be the wife of accused No.1 filed this petition by challenging the FIR and to quash the proceedings.