LAWS(KAR)-2024-6-70

S.N. VIJAYALAKSHMI Vs. STATE

Decided On June 03, 2024
S.N. Vijayalakshmi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is filed by petitioners-accused Nos.2, 4, 5 and 6 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.260/2023 registered by Sanjay Nagar Police Station, Bengaluru arising out of P.C.R.No.12357/2022 for the offences punishable under Ss. 405, 406, 415, 417, 418, 420, 504, 506, 384 and 120B read with Sec. 34 of IPC.

(2.) Heard the arguments of learned Senior counsel Sri Kiran S. Javali for the petitioners, learned High Court Government Pleader for respondent No.1-State and learned counsel for respondent No.2.

(3.) The case of the respondent No.2 is that he filed a private complaint under Sec. 200 of Cr.P.C. before the III Additional Chief Metropolitan Magistrate, Bengaluru. The same was registered as P.C.R.No.12357/2022 and the same was referred to the police under Sec. 156(3) of Cr.P.C. and in turn, the police registered the FIR for the above said offences. It is alleged by the complainant in his complaint that the accused No.1-Jayalakshmamma along with one Srinivasa Murthy and K.V.Prabhakar (since deceased) who is the joint owner of the properties in Sy.No.20 measuring 3 acres 33 guntas and in Sy.No.21 to an extent of 3 acres in Bhoopasandra Village, Bangalore North Taluk. The said land in question was granted by way of tenancy rights to the accused in the year 1975. Subsequently, the said properties were acquired by BDA. In the year 1996, the accused approached one Ravishankara Shetty and appraised their inability, financial hardship and incapability to manage the property and sought help to fight litigations and after getting the clear title and conclusion of the litigation, they would sell the property to him. Though Ravi Shankar Shetty was reluctant in the beginning, they all persuaded Ravi Shankar Shetty, K.V. Krishna Prasad persuaded and pressurised Mr. Shetty and made all kind of false assurances and he has agreed for the same. The Ravi Shankar Shetty is in possession of both the properties from 1996. Ravi Shankar Shetty was put in possession of the land and he has spent lot of money, energy and time to see that the said lands were free from all hurdles. After getting the record of rights and making the title marketable, informed all the accused about the status of their lands. Once the message was communicated to all the accused, they started avoiding Mr. Ravi Shankar Shetty. The conduct of the accused in evading him created a sort of suspicion on the accused and the Ravi Shankar Shetty having spent huge amount towards litigation and other expenditure felt that the accused are intentionally and deliberately with a malafide intention of cheating him of his hard work and money were trying to evade him and he was able to secure K.V.Krishna Prasad and other accused. When insisted for some documentation by Ravi Shankar Shetty, the accused were reluctant, but later they agreed to execute an agreement of sale in the name of the Ravi Shankar Shetty and Ravi Shankar Shetty permitted his nominee, the complainant (Keerthiraj Shetty) to enter into an agreement of sale on his behalf. Accordingly, on 30/11/2015, the accused entered into a sale agreement of sale for the sale consideration of Rs.3,50,00,000.00. All the accused have signed the sale agreement and K.V.Krishna Prasad has signed a consenting witness. The Ravi Shankar Shetty nominated the complainant on his behalf for entering into the agreement of sale. All the accused have executed the GPA in favour of Keerthiraj Shetty including power to sell the property.