- 1 - NC: 2025:KHC-K:894 CRL.P No.201633/2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.201633/2024 (482(Cr.PC)/528(BNSS)) BETWEEN: KRANTIKUMAR S/O BIKISHAYYA YADHAV AGED ABOUT 31 YEARS OCC. EMPLOYEE ORIENT CEMENT CO. R/AT SUBHASH NAGAR ILLANDU, TELANGANA NOW R/AT ORIENT CEMENT CO. CHITTAPUR, CHITTAPUR TALUK DISTRICT KALABURAGI – 585 211 …PETITIONER (BY SRI SHIVASHARANA REDDY, ADVOCATE) AND: 1. THE STATE THROUGH CHITTAPUR P.S. CHITTAPUR TALUK, KALABURAGI DISTRICT REPT. BY SPP HIGH COURT OF KARNATAKA AT KALABURAGI BENCH KALABURAGI – 585 104 2. RAJSHEKAR S/O SHIVASHARANAPPA SARSAMBA AGED ABOUT 45 YEARS OCC: STORE MANAGER ORIENT CEMENT CO. R/AT M.B NAGAR KALABURAGI – 585 104 … RESPONDENTS (BY SRI JAMADAR SHABUDDIN, HCGP FOR R1; SRI MADHUCHANDRA M N, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS-2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:894 CRL.P No.201633/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT CHITTAPUR IN C.C.NO.239/2020 IN CRIME NO.60/2017 REGISTERED BY RESPONDENT CHITTAPUR POLICE STATION FOR OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH SECTION 34 OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL ORAL ORDER (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) “Whether continuation of the proceedings in C.C.No.239/2020 on the file of Civil Judge & JMFC, Chittapur against the petitioner is abuse of the process of the Court?” is the question involved in this case. 2. Petitioner is being prosecuted in C.C.No.239/2020 on the file of Civil Judge & JMFC, Chittapur on the basis of the charge sheet filed by respondent No.1 in Crime No.60/2017 of Chittapur police station. Crime No.60/2017 was registered by Chittapur police initially against accused Nos.1 and 2/Srinivas and Mahadeva respectively on the basis of the complaint filed by respondent No.2 for the offence punishable under Section 420 read with Section 149 of IPC. Later charge sheet was filed against four accused, out of which petitioner was shown as accused No.3 for the offence punishable under Section 420 read with Section 34 of IPC. - 3 - NC: 2025:KHC-K:894 CRL.P No.201633/2024 3. The allegations in the charge sheet is that at the behest of accused No.4, accused Nos.1 to 3, the employees of IBC and Orient Cement Co., in collusion with Singreniya company, the supplier of coal to make wrongful gain for themselves and to cause loss to their employers cheated by mixing higher grade coal powder to lower grade coal supplied by Singreniya Company. 4. It is the contention that respondent No.2 did not file the complaint against the petitioner. In fact in the complaint, it is stated that it was the petitioner who informed the complainant about the misdeeds of accused Nos.1 and 2. It is further alleged that absolutely there is no material in the charge sheet against the petitioner and he is implicated in the charge sheet on the basis of the alleged voluntary statements of accused Nos.1 and 2. It is further contended that respondent No.2/informant of their company has absolutely no grievance against the petitioner and the company has authorized respondent No.2 to compound the offence. Respondent No.2 concedes for compounding the offence and has filed joint memo. Further he has produced authorization issued by their employer, Orient Cement Co. who is allegedly cheated, to compound the offence. - 4 - NC: 2025:KHC-K:894 CRL.P No.201633/2024 5. The offence under Section 420 of IPC is compoundable one with consent of the person who is cheated. Further the charge sheet records produced before this Court show that in the charge sheet absolutely there is no allegation against the petitioner who is said to be implicated solely on the basis of the voluntary statements of accused Nos.1 and 2. 6. Learned HCGP submits that CWs.4 and 5 have given statements implicating the petitioner. As per the alleged statements of CWs.4 and 5, they were allegedly the eyewitnesses to the incident. But respondent No.2 did not whisper anything about them in the complaint. In view of compounding of the offences by respondent No.2 and the materials on record, even if the proceedings against the petitioner were to continue, there is no likelihood of he being convicted. Such proceeding only amounts to abuse of the process of the Court. Therefore it is a fit case to quash the proceedings. Hence the following: ORDER The petition is allowed. - 5 - NC: 2025:KHC-K:894 CRL.P No.201633/2024 The proceedings in C.C.No.239/2020 on the file of Civil Judge & JMFC, Chittapur against accused No.3/the petitioner are hereby quashed. Sd/- (K.S.MUDAGAL) JUDGE KSR List No.: 19 Sl No.: 1