YALLAMMA @ YALLAVVA vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 202098 of 2025


CNR: KAHC030162982025



IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH


TH
DATED THIS THE 6 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL PETITION NO.202098 OF 2025

(482(Cr.PC)/528(BNSS))

BETWEEN:

1. YALLAMMA @ YALLAVVA
W/O MALLAPPA SHEKHASINDI @ AMBIGAR,
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O: SHIVANOOR,
TQ: WADAGERA,
DIST: YADGIRI-585201.

2. SEETAMMA
D/O MALLAPPA SHEKHASINDI @ AMBIGAR,
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O SHIVANOOR,
TQ: WADAGERA,
DIST: YADGIRI-585201.

3. MALLAPPA @ MALLIKARJUN
S/O MAREPPA BAGALI,
AGE: 45 YEARS, OCC: VILLAGE ACCOUNTANT,
R/O BENDEGUMBALI,
TQ: WADAGERA,
DIST: YADGIRI-585201.

4. HUSENAPPA S/O VIRUPAKSHAPPA,
AGE: 40 YEARS, OCC: METER READER,
R/O SHIVANOOR, TQ: WADAGERA,
DIST: YADGIRI-585201.

5. SHARABANNA S/O CHANDAPPA SHEKHASINDI,
AGE: 35 YEARS, OCC: SERVICE,
R/O: SHIVANOOR,









Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 202098 of 2025


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TQ: WADAGERA,
DIST: YADGIRI-585201.
…PETITIONERS
(BY SRI MAHADEV S. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
THROUGH SHAHAPUR POLICE STATION,
TQ: SHAHAPUR,
DIST: YADGIRI – 585107
REPT. BY HIGH COURT SPL.PP.

2. AMBRAPPA S/O BASALINGAPPA SHEKASINDI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O SHIVANOOR, TQ: WADAGERA,
DIST: YADGIRI-585201.
…RESPONDENTS
(BY SRI SIDDALING P. PATIL, FOR R1;
R2-V/O. DATED 29.09.2026 NOTICE HELD SUFFICIENT)

THIS CRL.P. IS FILED U/S.528 OF BNSS/ (NEW)/482 OF
CR.P.C.(OLD), PRAYING TO QUASH THE ENTIRE PROCEEDINGS
IN C.C. NO.73/2025 PENDING BEFORE THE CIVIL JUDGE AND
JMFC AT SHAHAPUR, FOR TAKING COGNIZANCE OF THE
OFFENCE PUNISHABLE U/SEC.420 R/W. SECTION 149 OF IPC
IN CRIME NO.60/2024 REGISTERED BY SHAHAPUR POLICE
STATION, DIST: YADGIRI.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

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ORAL ORDER

Heard the learned counsel for the petitioners and
the learned Addl. SPP for the respondent No.1/ State on
the petition. Perused the relevant materials on record.

2. In spite of service of notice, the respondent
No.2 has not chosen to appear and contest the petition.

3. This petition is filed by the petitioners/
accused No.1 to 5 under Section under Section 482 of
Cr.P.C./ 528 of Bharatiya Nagarik Suraksha Sanhita,
2023 (for short ‘ BNSS ’) to quash the entire proceedings
of the case in CC No.73/2025 pending before the
learned Civil Judge and JMFC, Shahapur, Yadgiri
District (for short ‘the learned Magistrate’), arising out of
Crime No.60/2024 of the respondent Police for the
offence punishable under Section 420 read with Section
149 of IPC.

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4. The case alleged against the petitioners is
that the petitioner No.3 informed the complainant/
respondent No.2 that his relative Yallamma
(complainant’s brother’s wife) was in need of money for
the purpose of his daughter’s marriage and other family
necessities and hence, the petitioner No.1 intended to
sell her property in favour of the respondent No.2.
Hence, the respondent No.2 agreed to purchase the land
bearing Sy.No.53 measuring 4 acres 02 guntas for
consideration of Rs.2,60,000/- as per the sale
agreement dated 25.04.2011 registered in the Sub-
Registrar Office of Shahapur. But, the records of land
could not be registered in his name for the financial
problem, but the possession of the property continued
with the respondent No.2. Recently, the petitioner No.1
transferred the above said land in favour of her
daughter, the petitioner No.2 by way of gift deed on
28.12.2023. The petitioners No.4 and 5 are added as

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accused persons on the basis of the further statement of
the respondent No.2. Hence, on the complaint of the
respondent No.2, the case is registered against the
petitioners/ accused persons for the offence punishable
under Section 420 read with Section 149 of IPC on the
allegations of cheating.

5. The submission of the learned counsel for the
petitioners is that even if the case of the respondent
No.2 is accepted as true it would be purely of civil
nature regarding breach of conditions of the agreement
of sale. Moreover, as per the case of the respondent
No.2, the sale agreement is dated 25.04.2011. But
without taking any steps to get the sale deed executed
in terms of the said sale agreement by filing suit for
specific performance of contract within the period of
limitation, the respondent No.2, after filing of suit by the
petitioner No.2 before the learned Civil Judge Shahapur
for the relief of declaration and permanent perpetual

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injunction, has filed the complaint against the
petitioners.

6. Learned counsel for the petitioners has drawn
attention of this Court to the decision of Hon’ble Apex
Court in KUNTI AND ANOTHER Versus STATE OF UTTAR
PRADESH AND ANOTHER reported in (2023) 6 Supreme
Court Cases 109, wherein in the similar case for the
offences alleged under Sections 406, 420, 467, 468, 417
and 418 has held that mere allegation of failure to keep
up promise, held, will not be enough to initiate criminal
proceedings. It is further held that the criminal Court
should exercise a great deal of caution in issuing the
process, particularly when matters appear essentially of
civil nature and, thus, any effort to settle civil disputes
and claims, which do not involve any criminal offence,
by applying pressure through criminal prosecution
should be deprecated and discouraged.

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7. The facts of the said case are similar to the
facts of case on hand. The respondent No.2 has come
up with the complaint before the respondent Police
alleging the offence punishable under Section 420 of
IPC, only on the ground that the petitioner No.1 failed to
comply with the terms of the sale agreement dated
25.04.2011 and failed to execute any sale deed in
respect of the concerned property.

8. As mentioned hereinabove, the sale
agreement is time barred. Therefore, any of the
contentions of the respondent No.2 that the petitioners
have committed cheating as alleged prima facie does not
merit consideration. Moreover, there is absolutely no
material to show that the petitioners No.4 and 5 are in
any way concerned with the alleged sale agreement.
Hence, the respondent No.2 has failed to make out any
prima facie case against the petitioners for the offence
punishable under Section 420 of IPC. Therefore,

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continuation of the proceedings of the concerned case
against the petitioners is sheer abuse of process of law
and therefore, the same is liable to be quashed by this
Court under Section 528 of BNSS. The petitioner has
made out sufficient ground to quash the entire
proceedings of the concerned case as sought for in the
petition and consequently, the petition deserves to be
allowed.

9. In the result, I proceed to pass the following:



ORDER



1. The petition is hereby allowed .

2. Consequently, the entire
proceedings in CC No.73/2025
pending before the Civil Judge and
JMFC, Shahapur, Yadgir District,
arising out of Crime No.60/2024 of
the respondent Police for the offence
punishable under Section 420 read
with Section 149 of ICP is quashed

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in respect of the petitioners/
accused No.1 to 5.





Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE


SBS
List No.: 1 Sl No.: 26