- 1 - NC: 2025:KHC:17400 WP No. 12960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.12960 OF 2025 (GM-RES) BETWEEN: 1. MR. DO WOONG CHOI, S/O. WAN JUN CHOI, AGED ABOUT 81 YEARS, R/AT. FLAT NO.101, NO.8 CLAVION APARTMENT, KEERTHI LAYOUT, KAMMANAHALLI, BANGALORE NORTH, BANGALORE-560 084. 2. SRI VINAY RAGHAVENDRA BABU, S/O. BABU, AGED ABOUT 35 YEARS, R/AT. NO.102/55, MANAVAZHLAN SALAI, KULASEKARAPURAM, CHINMAIYANAGAR, VIRUGAMBAKKAM, CHENNAI, TAMIL NADU - 600 092. …PETITIONERS (BY SRI. DR. M. SUNIL SASTRY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BAGALUR POLICE STATION REP.BY ITS POLICE INSPECTOR, BENGALURU - 562 149. 2. MRS.A.JAYASHEELA, W/O. MR.Y.THANASHEKARAN, AGED ABOUT 54 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17400 WP No. 12960 of 2025 R/AT. NO.256/3, PEACE CHURCH, PEACE GARDEN, BAGALUR, BENGALURU- 562 149. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. C.S. PRAKASH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH AND ENTIRE PROCEEDINGS PENDING ON THE FILES OF HONBLE ADDL. CIVIL JUDGE AND JMFC, DEVANAHALLI AT ANNX-B AND C VIDE CRIME / F.I.R. NO. 205/2022 DATED 23/11/2022 CONVERTED IN CC NO. 1568/2024, REGISTERED BY THE R1 (I.E. BENGALURU POLICE STATION, BENGALURU) AND ALL PROCEEDINGS EMANATING THEREFROM FOR OFFENCES UNDER SECTION OFFENCES P/U/S 198, 34, 120B, 420, 465, 468, 471 OF THE IPC, 1860. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent No.1. 2. The petitioners, who are sought to be prosecuted for offences punishable under Sections 198, 34, 120B, 420, 465, 468, and 471 of the Indian Penal Code (IPC), have approached this Court seeking relief. 3. The prosecution alleges that the petitioners entered into an agreement of sale with respondent No.2 - 3 - NC: 2025:KHC:17400 WP No. 12960 of 2025 and, as per the settlement, respondent No.2 received a sum of ₹4 crore towards advance sale consideration. Subsequently, the petitioners did not execute the registered sale deed. 4. The parties are present before this Court and have filed an application under Section 320(2) of the Code of Criminal Procedure (CrPC) for compounding the offences, stating that they have amicably resolved the dispute among themselves in O.S. No.764/2023, filed by respondent No.2 for permanent injunction and declaration of ownership. In terms of the settlement, the de facto complainant has received the sale consideration and has agreed to withdraw all allegations, expressing no objection to quashing the impugned proceedings. The said application is placed on record. 5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioners to trial would serve no purpose. The likelihood of conviction is remote in light of the settlement. Therefore, continuing criminal proceedings against the petitioners would amount to an abuse of the legal process. - 4 - NC: 2025:KHC:17400 WP No. 12960 of 2025 6. In view of the above, continuing the criminal investigation against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned criminal proceedings in C.C. No.1568/2024, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 3