- 1 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5509 OF 2018 (GM-RES) BETWEEN: 1. VARTHUR PRAKASH, S/O RAMASWAMY, AGED ABOUT 52 YEARS, RESIDING AT BYREGOWDANAGARA, KOLAR, KARNATAKA 2. RAKSHITH V. P., S/O PRASANNA, AGED ABOUT 32 YEARS RESIDING AT VARTHUR VILLAGE, BANGALORE KARNATAKA …PETITIONERS (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND: 1. STATE OF KARNATAKA KOLAR RURAL POLICE STATION, KOLAR – 563 101 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01 2. SMT. CHANNAMMA, W/O SRINIVAS, RESIDING AT BEGLIHASALLI HOBLI, KOLAR TALUK – 563 101 …RESPONDENTS (BY SRI. JAGADEESHA B. N. ADDL. SPP FOR R1; SRI. K. V. PRAKASHA, ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.59/2018 ON THE FILE OF THE RESPONDENT POLICE, KOLAR RURAL POLICE STATION, KOLAR VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioners has filed a memo along with certified copy of entire order sheet in O.S.No.513/2019 on the file of the Principal Civil Judge and JMFC, Kolar containing plaint, written statement and the compromise petition entered into between the plaintiffs and defendants under Order 23 Rule 3 read with Section 151 of CPC and the consent deed dated 16.12.2024 executed by the plaintiffs to the effect that the dispute between the parties have ended into a compromise. 2. Learned counsel for the petitioners as well as learned counsel for respondent No.2 submit that the dispute between the parties have been compromised and the impugned FIR in Crime No.59/2018 on the file of the II Additional District and Sessions Judge, Kolar, be quashed. - 3 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 3. The compromise petition reads as under: COMPROMISE PETITION UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE:- The plaintiffs and defendants above named beg to submit as follows: 1. The plaintiffs filed the above suit against the defendants for the relief of Declaration of Title and Permanent Injunction and such other relief's in respect of the suit schedule properties. 2. The plaintiffs and defendants on the advice of the elders well wishers they agreed among themselves to compromise the above case without giving further scope to litigation subject to the following conditions of the compromise petition. 3. The plaintiffs and defendants admit that, they have agreed to the terms and conditions of the compromise after understanding the contents of this compromise and without undue influence, misrepresentation affix their signature to this compromise petition voluntarily without any completion with anybody. 4. The defendant No.2 have agreed to pay the Rupees 5,00,000/- (Five Lakhs Rupees) through cheque No.440358 in favour of 1st plaintiff and plaintiffs have agreed to receive the same. The plaintiffs have ready to - 4 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 execute the consent deed to the defendant No.2 before the Sub Registrar Kolar. 5. The plaintiffs have relinquished their all rights over the suit schedule property to the defendant No.2 and further agreed to Katha is standing in the name of defendant No.2, the plaintiffs have no claim any kind of relief’s over the suit schedule property they are by receiving the compromise amount towards relinquished their rights over the suit schedule property, the mentioned is final settlement amount. 6. The defendant No.2 has enjoying the suit schedule property became the lawful owner as per the registered sale deed 20-07-2013. 7. The parties have entered in to this compromise on their own will and wish without any pressure or coercion from anybody. Wherefore, the plaintiffs and defendants prays that this Hon'ble court be pleased to allow the compromise petition as stated supra in the ends of Justice and equity.” 4. The Lok Adalat order dated 14.12.2024 passed by the Principal Civil Judge and JMFC, Kolar reads as under: Case called out before Lok Adalath. Both parties present. Both counsel present. - 5 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 Both parties have filed joint compromise petition under Order 23 Rule 3 of CPC. I have perused the plaint, written statement and the documents furnished. Both parties have agreed to the joint compromise. As per the compromise, the plaintiffs have received Rs.5,00,000/- from defendant No.2 through cheque bearing No.140358 and plaintiffs have agreed to execute the consent deed in favour of defendant No.2. I have read over the contents of petition to both the parties and they have accepted it to be correct. I have ascertained the identity of the parties. Through this compromise, the dispute between the parties will be resolved and the same is not against the public policy. Accordingly, I proceed to pass the following: ORDER Petition filed by both the parties under Order 23 Rule 3 of CPC is hereby allowed. Suit is decreed in terms of compromise petition. Draw decree as per compromise. Office is directed to refund the entire court fee to plaintiffs.” 5. The aforesaid memo and submissions are placed on record. 6. Accordingly, petition stands allowed. Proceedings in Crime No.59/2018 registered by Kolar Rural Police Station pending on the file - 6 - HC-KAR NC: 2025:KHC:22164 WP No. 5509 of 2018 of II Additional District and Sessions Judge, Kolar, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 4 Sl No.: 1