- 1 - NC: 2025:KHC:15693 CRL.P No. 6455 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6455 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI VISHWA SANTHOSHA BHARATHI GURUJI S/O SRI SOMESWARA KRISHNAIAH AGED ABOUT 53 YEARS, CORONETED AS SRI SRI SRI VIDHYAVACHASPATHI VISWA SANTOSH BHARATHI SRIPADARU PEETADHIPATHI OF SRI SRI SRI BARAKOORU MAHA SAMSTHANAM MAHAPOSHAK SWAMIJI AND HEAD OF SRI SWAMY AYYAPPA TEMPLE SRIKSHETRA TRIKOOTACHALA AND HEAD OF AYUR ASHRAM 2ND CROSS, 17TH MAIN ROAD BHARATH NAGAR II STAGE, MAGADI MAIN ROAD, BYADARAHALLI BENGALURU-560 091. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA KENGERI P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001. 2. MADHUKUMAR S/O LATE SHIVARAM AGED ABOUT 41 YEARS, R/AT NO.301, 3RD FLOOR, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15693 CRL.P No. 6455 of 2024 3RD BLOCK, KAILAS BDA APARTMENT MYLASANDRA KENGERI BENGALURU-560 060. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. S. MAHESH, ,ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.0313/2024 OF KENGERI POLICE STATION, PENDING ON THE FILE OF XLVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU REGISTERED FOR THE OFFENCES P/U/S 420 AND 506 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 challenges the registration of the FIR for the offences punishable under Sections 506 and 420 of IPC. 2. The 2nd respondent lodged the first information report (FIR) stating that the petitioner fully knowing that the portion of the land which is classified as Kharab land, has executed a lease deed there by facilitated to part with a sum of Rs.15,00,000/-. 3. The complainant filed an affidavit stating that he has amicably resolved the dispute with the petitioner and in terms of the settlement, he has received a sum of Rs.18,00,000/- towards full and final settlement of his claim, and has agreed to withdraw all the allegations made in the impugned FIR. The amount of Rs.18,00,000/- is received by - 3 - NC: 2025:KHC:15693 CRL.P No. 6455 of 2024 the complainant through 4 post dated cheques and under takes that the said cheques when presented will be encashed. 4. The application for compounding along with an affidavit of respondent No.2 is placed on record. 5. Although the offences alleged are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be futile, to subject the petitioner for investigation, since the probability of police filing the charge sheet is remote and bleak in view of the settlement. Therefore, the continuation of the investigation would be an abuse of the process of the law. 6. Accordingly, the petition is allowed. 7. The impugned FIR in Crime No.313/2024,registered by the Kengeri Police Station, is hereby quashed. 8. Liberty is reserved with the complainant to revive the petition, in the event, if the cheques are dishonoured for want of money. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 114