Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16065 CRL.P No. 4814 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4814 OF 2025 BETWEEN:
1. BALAKRISHNA S/O LATE N.M. PUTTU SWAMI AGED ABOUT 64 YEARS, RESIDING AT NO.523, 10TH CROSS, MAHADESHWARA EXTENTION, MYSORE - 570 016 …PETITIONER (BY SRI. VINOD REDDY V., ADVOCATE) AND:
1.
STATE BY MARATHALLI PS REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001
2.
M S SHANKAR REDDY, S/O LATE SHAMANA REDDY, AGED ABOUT 69 YEARS, R/AT NO.607, 15TH CROSS, 15TH A MAIN, 4TH SECTOR, HSR LAYOUT, BANGALORE - 560 102 …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1 SRI. N.K. AMEENULLA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:16065 CRL.P No. 4814 of 2025
PROCEEDINGS IN CR.NO.83/2022 NOW PCR.NO.51919/2022 NOW CC.NO.58543/2022 FOR THE OFFENCES PUNISHABLE U/S 420, 506 R/W 34 IPC AGAINST MAHENDRA SANKA AND OTHERS PENDING ON THE FILE OF THE 29TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, AT ON TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. Learned High Court Government Pleader appears for respondent–State. Sri N.K. Ameenulla undertakes to file vakalath on behalf of respondent No.2.
2. The petitioner/accused No.4, who has been charge- sheeted for the offences punishable under Sections 420, 468, and 506 read with Section 34 of the IPC, is before this Court seeking relief.
3. The prosecution alleges that accused No.1 misused blank cheques issued by the complainant, and that one such cheque was issued in favour of accused No.4.
4. The petitioner/accused No.4 and the complainant are present before this Court and have filed a joint affidavit stating that they have amicably resolved the dispute among themselves.
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NC: 2025:KHC:16065 CRL.P No. 4814 of 2025
5. In terms of the settlement, accused No.4 has returned a sum of Rs.5,00,000/- to the complainant. Respondent No.2 – complainant has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings.
6. The joint affidavit is placed on record.
7. Although the offences alleged are cognizable and non- compoundable, considering the fact that the parties have amicably settled the matter, subjecting the petitioner to trial—especially when the probability of conviction is remote and bleak—would serve no purpose. In such circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law.
ORDER
i. Accordingly, petition is allowed.
ii. The impugned proceedings in C.C.No.58543/2022 on the file of 29th Addl. Chief Metropolitan Magistrate, Bangalore insofar it relates to accused No.4 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
TIN List No.: 1 Sl No.: 52