- 1 - NC: 2025:KHC:17785 CRL.P No. 6563 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.6563 OF 2025 BETWEEN: GOPAL RAMESHWAR LAL RATHI ALIAS GOPALRATHI MANAGING DIRECTOR OF M/S RAHUL ORGANIC LIMITED S/O SH. RAMESHWAL LAL RATHI AGED ABOUT 68 YEARS R/O FLAT NO.302, ASMITA ABHISHEK C.H.S. SUNDER NAGAR, S.V. ROAD OPPOSITE TO DALMIYA COLLAGE MALAD WEST, MUMBAI, MAHARASHTRA. MOB 9820130862. …PETITIONER (BY SRI. C.N. RAJU, ADV.,) AND: 1. THE STATE DODDAPETE POLICE SHIVAMOGGA, REPRESENT BY SPP HIGH COURT OF KARNATAKA AT BANGALORE-560001. 2. SALEEM PASHA S/O LATE ABDUL MAJEED SAIT ALIAS JAIKER SAIT AGED ABOUT 63 YEARS R/O S.S. BHARAMAPPA NAGAR 1ST FLOOR, 1ST CROSS, RML NAGAR BEHIND BHARATHIYA SABHA BHVAN SHIVAMOGGA-577201. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 SMT. NAYANASHREE A.K. ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:17785 CRL.P No. 6563 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONER IN CC NO.2668/2019 ON THE FILE OF 3RD ADDITIONAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA, ARISING OUT OT CRIME NO.279/2004 OF DODDAPET POLICE SHIVAMOGGA, FOR THE O/P/U/S 406, 420, 467, 468, 471 OF IPC, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader (HCGP) accepts notice on behalf of Respondent No.1. 2. Smt. Nayanashree A.K., learned counsel, files vakalat on behalf of Respondent No.2. 3. The petitioner, who has been charge-sheeted for the offences punishable under Sections 406, 420, 467, 468, and 471 read with Section 34 of the IPC, is before this Court seeking appropriate reliefs. 4. The prosecution alleges that the accused, who is the Manager of M/s. Rahul Organic Limited, assured Respondent No.2/complainant that he would be entrusted with a dealership for fertilizers and induced - 3 - NC: 2025:KHC:17785 CRL.P No. 6563 of 2025 the complainant to pay a sum of Rs.1,000/-. Thereafter, the petitioner neither entrusted the dealership nor returned the money, thereby defrauding Respondent No.2. 5. The parties are present before this Court and have filed an application for compounding, stating that with the intervention of elders and well-wishers, they have amicably resolved the dispute. In terms of the settlement, a deed dated 19.02.2024 has been duly executed, and the dealership has been entrusted to Respondent No.2. 6. Respondent No.2, who is present before this Court, has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. 7. The application for compounding is placed on record. 8. Although the offences alleged are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute, it would be futile to subject the petitioner to trial, as the probability of conviction is remote and bleak in light of the settlement. - 4 - NC: 2025:KHC:17785 CRL.P No. 6563 of 2025 In such circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.2668/2019 on the file of the III Additional Civil Judge & JMFC, Shivamogga, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 174