- 1 - NC: 2025:KHC:17395 WP No. 12855 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. 12855 OF 2025 (GM-RES) BETWEEN: 1. MR. VINOD DASAN J., S/O. MR.JAYARAJ. D, AGED ABOUT 55 YEARS, R/A. T.NO.1000, DR.AMBEDKAR ROAD CROSS, A.K.COLONY, BANGALORE-560 005. 2. MRS. A. JAYASHEELA, W/O. MR.Y.THANASHEKARAN, AGED ABOUT 54 YERAS, R/AT. NO.256/3, PEACE CHURCH, PEACE GARDEN, BAGALUR, BENGALURU- 562 149. 3. MR.Y. THANASHEKARAN, S/O. MR.A.V.YESSIAN, AGED ABOUT 56 YERAS, R/AT. NO.256/3, PEACE CHURCH, PEACE GARDEN, BAGALUR, BENGALURU- 562 149. 4. MR.SUMAN.D.SHEKAR, S/O. MR.Y.THANASHEKARAN, AGED ABOUT 30 YEARS, R/AT. NO.256/3, PEACE CHURCH, PEACE GARDEN, BAGALUR, BENGALURU- 562 149. …PETITIONERS (BY SRI. DR M. SUNIL SASTRY, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17395 WP No. 12855 of 2025 AND: 1. THE STATE OF KARNATAKA GOVINDRAPURA POLICE STATION, REP.BY ITS POLICE INSPECTOR, BENGALURU - 560 045. 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. REPRESENTED BY HIS GPA HOLDER, MOHAMMED MAJOK AHMED, S/O. MOHAMMED AKRAM. …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 THE ENTIRE PROCEEDINGS PENDING ON THE FILES OF THE XI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE AT ANNEXURE-C VIDE CRIME/F.I.R.NO.179/2022 DATED 18.11.2022 ALONGWITH COMPLAINT DATED 18.11.2022 REGISTERED BY RESPONDENT NO.1 (I.E., GOVINDAPURA POLICE STATION, BENGALURU) AND ALL PROCEEDINGS EMANATING THEREFROM FOR OFFENCES UNDER SECTIONS OFFENCES PUNISHABLE UNDER SECTION 419, 420 OF INDIAN PENAL CODE, 1860 WHICH IS PENDING FOR INVESTIGATION BEFORE THE RESPONDENT NO.1 WHICH IS AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:17395 WP No. 12855 of 2025 ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent No.1. 2. The petitioners challenge the registration of FIR for the offences punishable under Sections 419, 420 of IPC. 3. The respondent No.2 lodged the FIR stating that the petitioners entered into an agreement of sale agreeing to convey the subject property and received a sum of Rs.Four crore towards advance sale consideration, and thereafter, 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 Cr.PC for compounding stating that they have amicably resolved the dispute among themselves in OS No.764/2023 filed by the respondent No.2 for permanent injunction and declaration of ownership. In terms of the settlement, the de facto complainant received sale consideration. As per the settlement, the de facto complainant has agreed to withdraw all the allegations, and has no objection to quashing the impugned proceedings. The said application is placed on record. - 4 - NC: 2025:KHC:17395 WP No. 12855 of 2025 5. Although the offences alleged against the petitioners are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute, subjecting the petitioners to investigation would serve no purpose. In light of the settlement, the likelihood of the police filing charge sheet is remote and bleak. 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 Crime No.179/2022 pending on the file of the learned XI ACMM Bengaluru at Annexure-C is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 2