ABDUL AZEEM SAYED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR against the petitioners/accused Nos.1 and 2 in Crime No.151/2025 registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Ss. 316(2), 318(4) and 351(2) r/w Sec. 3(5) of Bharatiya Nyaya Sanhita, 2023 [for short, 'the BNS, 2023'], presently pending on the file of III Additional Civil Judge (Sr.Dn.) and JMFC, Vijayapura.

(2.) The factual matrix of the case is, respondent No.2 lodged a complaint before respondent No.1-Police alleging that she and petitioner No.1 were well acquainted with each other and petitioner No.1 was working as a Civil Engineer at Saudi Arabia and he used to visit India frequently. The husband of respondent No.2 made the petitioners to believe that if they invest in land at Vijayapura, they would get high returns and the prices of the property are rising in a high speed and assured the petitioners that he would assist them in buying the property at Vijayapura. Thereafter, husband of respondent No.2 informed the petitioners that there is a land for sale and if he purchase that land, he would get good returns on such investment. Accordingly, when petitioner No.1 expressed his difficulty to travel to Vijayapura, husband of respondent No.2 informed him to transfer Rs.46,00,000.00and assured that documentation can be done after his travel. Believing on his words, petitioner No.1 transferred a sum of Rs.46,00,000.00 in the name of respondent No.2 and her children. After receiving the said amount, the husband of respondent No.2 postponed the sale transaction. Though the petitioners have requested him to refund the amount or to complete the sale transaction, the husband of respondent No.2 informed that his wife has entered into an agreement of sale in respect of land bearing R.S.No.787/*/2A measuring 10 guntas out of 2 acres 12 guntas of Mahalbagayat, Vijayapura and informed that he would execute agreement of sale in favour of the petitioners for a sale consideration of Rs.30,00,000.00. Accordingly, respondent No.2 executed the agreement of sale in favour of the petitioners in respect of the above land on 12/8/2024. Thereafter, respondent No.2 and her husband neither executed the Sale Deed nor refunded the money of the petitioners. As such, the petitioners lodged the FIR, which was registered in Crime No.149/2025 against respondent No.2, her husband and her family members. Subsequently, respondent No.2 lodged a complaint against the petitioners alleging that on 12/8/2024, the petitioners took her to the Court and got executed the agreement of sale without payment of any sale consideration and also alleged that on 24/9/2024 petitioner No.1 went to her house and intimidated her. As such, respondent No.1-Police registered the case against the petitioners in Crime No.151/2025 for the offences states supra. Aggrieved by the same, petitioners preferred this petition.

(3.) Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1-State.