- 1 - NC: 2025:KHC:15087 CRL.P No. 4284 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4284 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. SUBBARAMAN VAIDYANATHAN S/O LATE VAIDYANATHAN AGED ABOUT 60 YEARS NOW R/AT NO.BLK 62 HAVELOCK RAOD NO.09-22 SINGAPORE-169 659. …PETITIONER (BY SRI. KESHAVA MURTHY B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SHO, KORAMANGALA POLICE STATION, BANGALORE-560 035 REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE-1. 2. MR. RAJEEV SUNU S/O MR. K P IYAPPAN PILLAI AGED ABOUT 63 YEARS R/AT NO.794/A, 17TH F2 MAIN 6TH BLOCK, KORAMANGALA BANGALORE-560 095. NOW R/AT: MR. RAJEEV SUNU S/O MR. K P IYAPPAN PILLAI R/AT SHANTHI BHAVAN Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15087 CRL.P No. 4284 of 2024 KUDAYATHOOR P.O. THODUPUZHA, KERALA-685 590. RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2-SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.427/2023 FOR THE ALLEGED OFFENCE P/U/S 420 AND 506 OF IPC REGISTERED BY THE RESPONDENT NO.1, KORAMANGALA P.S. BENGALURU CITY AND CONSEQUENTLY QUASH THE PRIVATE COMPLAINT REGISTERED IN PCR NO.14632/2023 PENDING ON THE FILE OF THE XXXIX A.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the registration of the FIR for offences punishable under Sections 420 and 506 of the IPC. 2. Respondent No.2 lodged the FIR stating that the petitioner is the landlord and that Respondent No.2 is a tenant under the petitioner. It is alleged that the petitioner had agreed to sell the subject property, and Respondent No.2 had incurred expenses towards carrying out repair work on the said property. - 3 - NC: 2025:KHC:15087 CRL.P No. 4284 of 2024 3. Although Respondent No.2 was served with notice, he has neither appeared in person nor through counsel. Hence, he has been placed ex parte. 4. The petitioner had initiated eviction proceedings against Respondent No.2, which came to be decreed. The petitioner thereafter filed a petition for execution of the decree. Respondent No.2 challenged the order passed by the Executing Court in W.P. No.16202/2023. In the said writ petition, the parties filed a joint memo stating that they had amicably settled the dispute between them. As per the terms of the settlement, Respondent No.2 agreed to withdraw the complaint filed against the petitioner. 5. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution of the dispute between the parties, subjecting the petitioner to trial would serve no useful purpose. The likelihood of conviction is remote in light of the settlement. Therefore, continuation of the criminal proceedings would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in FIR No.427/2023 registered by Respondent No.1 – Koramangala Police Station, pending on the file of - 4 - NC: 2025:KHC:15087 CRL.P No. 4284 of 2024 the learned XXXIX Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 56