N. DINESH Vs. STATE

JUDGEMENT

(1.) This writ petition is filed by the petitioner-accused No.2 under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.311/2021 registered by the Amruthahalli Police Station, Bengaluru for the offences punishable under Ss. 420 , 467 , 468 , 474 of IPC.

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

(3.) The case of the prosecution is that the complainant-Munilakshmamma filed a private complaint in P.C.R No.20497/2021 under Ss. 190 and 200 of Cr.P.C. and got it referred to the Police under Sec. 156(3) of Cr.P.C. and in turn, the Police registered a FIR wherein, it is alleged that there is a property in Sy.No.9/3 measuring 38 guntas and Sy.No.9/4 measuring 1 acre 13 guntas, situated at Jakkur Village, Yelahanka Hobli, Bengaluru North Taluk which belongs to her father. Thereafter, accused No.1 who is said to be the brother of the complainant executed agreement of sale and GPA in favour or third parties and later, she has filed a suit for partition in O.S.No.842/2014 and case was decreed on compromise. Subsequently, accused No.1 in collusion with the advocate and accused No.2 created the Special Power of Attorney (SPA) and said to be sold the property by executing the sale deed and created the special power of attorney and release deed. Therefore, prayed for investigating the matter, which is under challenge.