Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17887 CRL.P No. 5871 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5871 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1. SRI N ADARSH S/O LATE A. NARAYANASWAMY, AGED ABOUT 49 YEARS
2. SRI. PAPAIAH GOWDA, S/O LATE ANJANAPPA, AGED ABOUT 83 YEARS
BOTH ARE R/AT KONNAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK. PIN 561203. 3. SRI. KEERTHI MAHESH, S/O M.S.SHIVARUDRAIAH, AGED ABOUT 36 YEARS, R/AT NO.20, CORPORATION LAYOUT, ROJIPURA, 4TH WARD, DODDABALLAPURA, BENGALURU RURAL DISTRICT. PIN 561 203. …PETITIONERS (BY SRI. H V SUBRAMANYA., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-1. Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17887 CRL.P No. 5871 of 2025
2. SRI ANJANAMURTHY, S/O.LATE.K.ANJANAPPA AND ANJANAMMA, AGED ABOUT 67 YEARS, NO.25, SHOPPING STREET, KUMAR PARK WEST BANGALORE-20. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1;
SRI. M R VIJAYAKUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.5239/2020 PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C AT DODDABALLAPURA FOR THE OFFENCE P/U/S 419,420,471,468 R/W 34 OF IPC AS AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners (accused Nos.1 to 3), who are facing the trial for the offences punishable under Sections 419, 420, 471 and 468 read with Section 34 of IPC, are before this Court seeking relief. 2. The prosecution alleges that the petitioners by conniving with others had forged the signature of the complainant, and filed an application before the Sub- Registrar for obtaining the certified copy of the will. 3. The parties are present before this Court, and have filed joint memo and affidavit stating that they have resolved the disputes in civil suit in relation to the immoveable properties pending before the jurisdictional Civil Courts. In terms of the settlement, the son of the deceased complainant has agreed to withdraw all the allegations and
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NC: 2025:KHC:17887 CRL.P No. 5871 of 2025
has no objection to quash the impugned proceedings. The said memo and affidavit are placed on record. 4.
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 trial would serve no purpose. The likelihood of conviction is remote and bleak in light of the settlement. Therefore, continuing criminal proceedings against the petitioners would amount to an abuse of the legal process.. 5. In view of the above, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned criminal proceedings in CC No.5239/2020 pending on the file of the learned Prl. Civil Judge and JMFC, Doddaballapur, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM, List No.: 3 Sl No.: 3