Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17394 CRL.P No. 6478 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 CRIMINAL PETITION NO. 6478 OF 2025 (482(Cr.PC) / 528(BNSS))
BETWEEN:
THULASIGANTA @ GANTA TULASI S/O GANTA JYOTHI NAIDU AGE 41 YEARS, HIGH TECH FOODS, BENGALURU, BENGALURU CITY-560 076.
RESIDENT OF LAKSHMIPURAM RAGIMANIPENTA, CHITTOOR ANDHRAPRADESH -517 429. …PETITIONER (BY SRI. JAGADEESHA S. R., ADVOCATE) AND:
STATE OF KARNATAKA REP BY, TUMUKURU CEN POLICE STATION TUMUKURU,DISTRICT-572 130 AND ALSO AT C/O HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. LAKSHMAN B., HCGP)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE CRIME NO.111/2024 REGISTERED BY RESPONDENT POLICE TUMKUR CEN CRIME P.S., AGAINST
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17394 CRL.P No. 6478 of 2025
PETITIONER ON 23.08.2024 FOR AN OFFENCE P/U/S 406, 420, 34 OF IPC, PENDING ON THE FILE OF HONBLE III ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMKURU AND CONSEQUENTLY, QUASH ALL CRIMINAL PROCEEDINGS REGISTERED AGAINST PETITIONER IN CR.NO.111/2024 FOR AN OFFENCE P/U/S 406, 420, 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER The petitioner (accused No.2) challenges the registration of the crime for the offence punishable under Sections 406, 420, 34 of IPC. The respondent No.2 lodged the FIR stating that after receiving a sum of Rs.85 lakh has not supplied rice to rice to respondent No.2.
2. The parties are present before this Court and have filed a joint affidavit stating that they have amicably resolved the dispute among themselves and in terms of the settlement the petitioner has agreed to pay and the entire amount of Rs.85 lakhs is paid to respondent No.2. The respondent No.2 has agreed to withdraw all the allegations and has no objection for quashing the FIR.
3. Although the offences are cognizable and non compoundable, having the fact the parties have amicably resolved the dispute, it would be a futile exercise, if the petitioner is subjected to investigation, as the probability of police filing charge sheet is remote and bleak, in view of the settlement. In such
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NC: 2025:KHC:17394 CRL.P No. 6478 of 2025
circumstances, the continuation of investigation would be abused of process of law.
Accordingly, the petition is allowed. The impugned FIR in Cr.No.111/2024 registered by Tumkuru CEN Police Station for the offences punishable under section 406, 420 R/w 34 of IPC is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 3 Sl No.: 1