R. JAYARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ACCUSED Nos. 1 and 3 in C.C. No. 9423/2011 pending on the file of I ACMM Court, Bangalore, have come up in this petition seeking quashing of the aforesaid proceedings, which is initiated against them for the alleged offences punishable under Sections 467, 468, 471 and 420 of IPC read with Section 34 of IPC, in effect the allegations against the accused Nos. 1 to 3 in C.C. No. 9423/2011 is that the accused have created a Sale Deed dated 20.05.1983 registered on 24.05.1983 as if it is executed by complainant in favour of father of accused Nos. 1 to 3 with reference to the property referred to in the Sale Deed with an intention to cheat the complainant.

(2.) ADMITTEDLY the accused Nos. 1 to 3 in C.C. No. 9423/2011 are the sons of H.V. Rangappa, purchaser under the Sale Deed dated 24.05.1983. In the complaint, it is stated that the complainant is none other than the wife of H.V. Rangappa, which is denied by the accused Nos. 1 to 3. However, this Court would not enter into controversy regarding the correctness or otherwise of the relationship between the complainant and accused, vis -a -vis, H.V. Rangappa, purchaser under Sale Deed dated 24.05.1983. This petition is filed seeking quashing of the complaint in C.C. No. 9423/2011. A document referred to as Power of Attorney is filed in this petition at Annexure -"J". The said document is said to be the Power of Attorney given in favour of complainant by one Yathiraj, S/o. Veerappa, authorizing her to deal with the property in question in whatever manner she deems it fit. With this, it is seen that the complainant is the Power of Attorney Holder of the property, which was standing in the name of Yathiraj.

(3.) HEARD the learned counsel for petitioners and as well as respondents. The dispute between the complainant and accused is with reference to the property, namely plot bearing No. 67/1 measuring East to West 60 feet, North to South 165 feet, situated at Kamakshipalya, Sanegouranahalli, Yeshwanthapur Hobli, Bangalore North Taluk, which is said to be property of complainant pursuant to Power of Attorney executed in her favour by Yathiraj. It is seen that a Sale Deed is executed subsequently in favour of H.V. Rangappa on 20.05.1983 and registered on 24.05.1983. According to complainant, the said Sale Deed is executed without her knowledge and according to her, H.V. Rangappa being her husband, she was under the impression that the property which was standing in her name was looked after by him. It is only after the death of H.V. Rangappa, when the accused Nos. 1 to 3 started staking claim to the said property as if it is their property, she realized that behind her back, Sale Deed is executed. Hence she has filed the complaint.