- 1 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6665 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI K.C. VIJAY KUMAR, S/O LATE K. V. CHANDRASHEKARAIAH, AGED ABOUT 63 YEARS, R/AT C/O VENKATESH, 4TH CROSS, VINAYAKANAGAR, HOSAKOTE 562114, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. ADINARAYANAPPA., ADVOCATE) AND: 1. THE KARNATAKA STATE, THE POLICE INSPECTOR, VIDHANA SOUDHA POLICE STATION, BENGALURU 560001 REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560001 2. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., LEGISLATION HOUSE BRANCH, BENGALURU 560001 REP BY ITS MANAGER, SRI P S ARVIND S/O LATE P. G. SHANUBHOG. AGED ABOUT 63 YEARS. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. RAKSHITH R., ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO AFTER PERUSING THE RECORDS QUASH THE FURTHER PROCEEDINGS FILED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER IN CR.NO.15/2011, FOR THE OFFENCE P/U/S 467, 468, 471, 420, 120B R/W SEC. 34 OF IPC, WHICH IS PENDING ON THE FILE OF THE HON’BLE LXI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AS C.C.NO.12982/2013, WHICH ARE PRODUCED AT ANNEXURE-A TO C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “i) To call for entire records pertaining to C.C.No.12982/2013, pending on the file of the Hon’ble LXI (XXXIX) Addl. Chief Metropolitan Magistrate at Bengaluru. ii) After perusing the records quash the further proceedings by the 1st respondent police against the petitioner in Crime No.15/2011, for the offences punishable under Section 467, 468, 471, 420, 120(B) r/w Section 34 of IPC which is pending on the file of the Hon’ble LXI Addl. Chief Metropolitan Magistrate at Bengaluru as C.C.No.12982/2013, which are produced at Annexure ‘A’ to ‘C’. - 3 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 iii) And also grant such other and further relief’s as this Hon’ble Court deems fit considering the facts and circumstances of the cases to meet the ends of justice.” 2. A perusal of the material on record will indicate that respondent No.2-Bank instituted proceedings in C.C.No.12982/2013 against the petitioner/accused No.2 as well as four other accused persons. It is an undisputed fact that the petitioner is merely a guarantor while accused Nos.1 and 5 were borrowers being husband and wife, who approached this Court in the case of Smt.Nagaveni K., and Anr Vs. The State of Karnataka and Anr in Crl.P.No.7898/2023 c/w Crl.P.No.5934/2022 in which proceedings against the principal borrowers were quashed by this Court by holding as under: “Petitioners are before this Court under Section 482 of the Criminal Procedure Code with a prayer to quash the entire proceedings in C.C. No.12981 and 12982 of 2013 pending before the Court of XXXIX Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under sections 467, 468, 471, 420 and 120(B) read with Section 34 of Penal Code registered by Vidhana Soudha Police Station, Cubbon Park Sub-Division, Bengaluru. - 4 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 2. Heard the learned counsel for the parties. 3. Learned counsel appearing for the petitioners and learned counsel appearing the respondent No.2- Bank jointly submit that the dispute between the parties has been settled and the petitioners have paid the entire loan dues in a one time settlement scheme. They also submit that, in view of the fact that the petitioners have settled the dues of the complainant, the complainant-Bank does not intend to proceed further with the impugned criminal proceedings as against the petitioners. Accordingly, they pray that the entire proceedings in C.C. No.12981 and 12982 of 2013 pending on the file of the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru against the petitioners be quashed. The respondent No.2-Bank had filed two separate memos in these petitions stating that the entire outstanding amount in the loan accounts of the petitioners has been already cleared by the petitioners and the respondent No.2-Bank has no objection to allow the petitions. The petitioners have filed affidavits before this Court stating that they have cleared the dues to the respondent No.2-Bank. Learned counsel appearing for the petitioners and respondent No.2-Bank accordingly, submit that the respondent No.2-Bank in its two separate memos has admitted that the petitioners have paid the entire loan amount due to the respondent No.2-Bank and it has - 5 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 no objection to allow these petitions for quashing the entire proceedings pending against the petitioners. The affidavits filed by the petitioners and also the memos filed by the respondent No.2-Bank are taken on record. 4. The allegation in the complaint is that the petitioners herein, who had borrowed money from the respondent No.2-Bank by pledging certain documents had failed to repay the loan dues and the documents which were pledged were found to be fraudulent documents. The parties have now settled the dispute and the entire loan amount due by the petitioners is already repaid to the respondent No.2-Bank. The respondent No.2-Bank has filed two separate memos before this Court acknowledging the receipt of payments from the petitioners towards full and final settlement of loan dues. The respondent No.2-Bank has stated in the memo that, it has no objection to quash the criminal proceedings pending against the petitioners for the offences alleged in the complaint. 5. Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER VS. STATE OF MADHYA PRADESH reported in 2022 (14) SCC 531 has observed that, if the allegations made in the complaint are private in nature and if the settlement is voluntary between the parties, in cases where the - 6 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 charge-sheet is filed for non compoundable offences, notwithstanding the limitations under Section 320 of the Criminal Procedure Code, the High Court in exercise of its inherent power under Section 482 of Criminal Procedure Code can quash the criminal proceedings. 6. Under these circumstance, to do complete justice to the parties, I am of the opinion that the prayer made by the petitioners, for which the respondent No.2-Bank has no objection, is required to be granted. Accordingly, I pass the following: O R D E R 1) Criminal Petitions are allowed; 2) The entire proceedings in C.C. No.12982 of 2013 pending on the file of the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 467, 468, 471, 420 and 120B read with Section 34 of Indian Penal Code registered by Vidhana Soudha Police Station, Cubbon Park Sub-Division, Bengaluru as against the petitioners in Criminal Petition No.7898 of 2023 is hereby quashed; 3) The entire proceedings in C.C. No.12981 of 2013 pending on the file of the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 467, 468, 471, 420 and 120B read with Section 34 of Indian Penal - 7 - NC: 2025:KHC:4110 CRL.P No. 6665 of 2024 Code registered by Vidhana Soudha Police Station, Cubbon Park Sub-Division, Bengaluru as against the petitioner in Criminal Petition No.5934 of 2023 is hereby quashed;” 3. In view of the quashment of the proceedings as against the Principal borrowers/accused Nos.1 and 5, the question of continuation of the proceedings against the petitioner herein who is only a guarantor does not arise and by invoking/applying the doctrine of parity, the impugned proceedings qua the petitioner deserve to be quashed. 4. Accordingly, I pass the following: ORDER i) Petition is hereby allowed. ii) The impugned proceedings in Crime No.15/2011 on the file of LXI Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.12982/2013, which are produced at Annexures- ‘A’ to ‘C’, qua the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS; List No.: 2 Sl No.: 31