R LEELAVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner-accused under Section 482 Cr.P.C. praying Court to quash the proceedings registered in FIR crime No.196/2017 vide Annexure-J and the entire proceedings in P.C.R. No.12572/2017 on the file of the 4th Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 406, 415 and 420 of IPC produced vide Annexure-H.

(2.) Brief facts of the case are that the petitioner herein is the absolute owner of vacant residential site bearing No.20, BBMP Katha No.832/52/9/20, situated at Thindlu Village, Yelahanka Hobli, Bangalore North Taluk measuring East to West: 65+37/2 feet and North to South: 50 feet in all measuring 2,550 Sq. feet. Originally, the said property was acquired by the mother of the petitioner Smt. Thulasamma through Sale Deed dated 29.01.2003 registered in the office of Sub-Registrar, Yelahanka, Bangalore, from its previous owner B. Rudrappa. The mother of the petitioner bequeathed the property in favour of the petitioner through a will dated 21.03.2009 registered in the Office of the Sub-Registrar, Peenya, Bangalore. After the death of Thulasamma, the property has devolved on the petitioner. The sale Deed dated 29.01.2003 is herewith produced and marked as per Annexure-A. The copy of Will dated 21.03.2009 is produced and marked as per Annexure-C. The petitioner herein having offered to sell the said property, the 2nd respondent herein came forward to purchase the same for a total sale consideration Rs.1,15,00,000/- (Rupees One Crore Fifteen Lakh Only). After negotiations, an Agreement of Sale was entered into between the petitioner and the 2nd respondent on 05.10.2015 in respect of the said property. On the date of execution of the sale Agreement, a sum of Rs.30,00,000/- (Rupees Thirty Lakh Only) was paid in favour of the petitioner herein by the 2nd respondent herein and it was agreed that the sale deed would be executed within a period of three months. Prior to entering into sale agreement dated 05.10.2015, the 2nd respondent had obtained a legal opinion regarding the title of the petitioner in respect of the property in question. A legal opinion dated 05.10.2015 was issued by one S.K. Nagaraj, Advocate opining that the petitioner has got good, valid marketable title and interest over the property in question. The Legal Opinion dated 05.10.2015 is herewith produced and marked as per Annexure-D. The sale agreement dated 05.10.2015 is produced and marked as per Annexure-E. After the execution of the said sale agreement, the 2nd Respondent herein did not comply with the terms and conditions of the sale agreement towards execution of the sale deed in respect of the property in question. The 2nd respondent herein making false and frivolous allegations against the petitioner herein filed complaint bearing PCR No.12572/2017 on the filed of IV Additional Chief Metropolitan Magistrate, Bangalore under Section 200 of Cr.P.C. for the alleged offences punishable under Sections 406, 415 and 420 of Indian Penal Code on 14.09.2017 and has sought a direction to refer the case for investigation under Section 156(3) of Cr.P.C. The Complaint is produced and marked as per Annexure-G. Learned Magistrate on 13.10.2017 passed an order and referred the complaint for investigation under Section 156(3) of Cr.P.C. to the 1st respondent police to conduct an investigation and file a report. The order sheet in PCR No.12572/2017 is herewith produced and marked as per Annexure-H.

(3.) Heard learned counsel for the petitioneraccused, learned counsel for respondent No.2- complainant so also learned HCGP appearing for respondent No.1-State.