- 1 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6896 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. RAGHAVENDRA S/O LATE R CHANDRASHEKHAR, AGED ABOUT 32 YEARS, R/AT: CMR COMPLEX, KOGILU ROAD, MARUTHINAGAR, YELHANKA, BENGALURU-560 064. 2. RAVIKUMAR R.M. S/O MALLIKARJUNAPPA R., AGED ABOUT 45 YEARS, R/AT: CMR COMPLEX, KOGILUROAD, MARUTHINAGAR, YELHANKA, BENGALURU-560 064. …PETITIONERS (BY SRI. P. PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA TUMKURU RURAL P.S., REP. BY GOVERNMENT PLEADER, HIGH COURT PREMISE, BENGALURU-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 2. SRI. NAGARAJ C. S/O LATE CHIKANNA, AGED ABOUT 50 YEARS, R/AT: MYLANAHATTI, HEBBURU HOBLI, TUMAKURU TQ., TUMAKURU-572 107. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. S. NAGESH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (A) QUASH THE FIR IN TUMKUR RURAL P.S. CRIME NO.150/2023, REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 465 AND 468 INDIAN PENAL CODE, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, TUMKUR DISTRICT, VIDE ANNEXURE-C; (B) QUASH THE ORDER DATED 09.06.2023 IN P.C.R. NO.320/2023, PASSED BY I ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, TUMKUR DISTRICT, THEREBY REFERRED THE PRIVATE COMPLAINT TO C.P.I. FOR THE INVESTIGATION U/SEC. 156(3) OF CR.P.C. VIDE ANNEXURE-B; (C) QUASH THE PRIVATE COMPLAINT FILED UNDER SECTION 200 IN P.C.R. NO.320/2023, ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, TUMKUR DISTRICT, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 482 Cr.P.C. is preferred seeking following prayers: “A. Quash the FIR in Tumkur Rural P.S. Crime No.150/2023, registered against the petitioner for the offences punishable under section 420, 465 and 468 of Indian Penal Code, pending on the file of Hon’ble I Additional Civil Judge (Jr.Dn.) and JMFC Court, Tumkur District, vide Annexure-C; B. Quash the order dated 09.06.2023 in P.C.R. No.320/2023, passed by Hon’ble I Additional Civil Judge (Jr.Dn.) and JMFC Court, Tumkur District, thereby referred the Private complaint to C.P.I. for the investigation U/sec. 156(3) of Cr.P.C. vide Annexure-B; C. Quash the Private Complaint filed under section 200 in P.C.R. No.320/2023, on the file of Hon’ble I Additional Civil Judge (Jr.Dn.) and JMFC Court, Tumkur District, vide Annexure-A. D. Any other relief which this Hon’ble Court deems fit in the fact and circumstances of the case.” - 4 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 2. Heard the learned counsel for petitioners, the learned High Court Government Pleader for respondent No.1-State, the learned counsel for respondent No.2 and perused the material on record. 3. Respondent No.2 herein filed a private complaint before the I Additional Civil Judge (Jr.Dn) and JMFC at Tumkur District numbered as PCR No.320/2023, which was referred to police for investigation and consequently, FIR in Cr.No.150/2023 came to be registered at Tumakuru Rural Police Station against the petitioners herein, for offences punishable under Section 420, 465 and 468 of IPC. 4. An application is filed reporting settlement supported by the affidavits of petitioner No.1 and respondent No.2/de-facto complainant, which reads as under: “The petitioners & 2nd respondent in the above petition, humbly submits as under - - 5 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 1. The above petition has been filed seeking for quashing of the FIR in Crime No.150/2023 registered by the 1st respondent/Tumkur Rural PS against the petitioners alleging commission of offence punishable under Sec. 420, 465 & 468 of IPC pending on the file of the 1st Addl. Civil Judge (Jr Dvn) & JMFC, Tumkur District and consequently to quash the order-dated 09.06.2023 passed in PCR No.320/2023 by the learned 1st Addl. Civil Judge (Jr Dvn) & JMFC, Tumkur District, and consequently to quash the complaint thereon. 2. It is submitted that since the petitioners & 2nd respondent are facing various other litigation between each other, at the instance of elders & well-wishers, both of them desire to amicably resolve the disputes pending in the Criminal Courts on the following terms. (a) The 2nd respondent has agreed and hereby undertakes to withdraw all the allegations made by him against the petitioners in PCR No.320/2023 on the file of the learned 1st Addl. Civil Judge (Jr. Dvn) & JMFC, Tumkur District, which has now resulted in FIR in Crime No.150/2023 on the file of the 1st respondent/PS pursuant to the order passed under Sec. 156(3) of the Code. - 6 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 It is submitted that in view of the withdrawal of the allegations by the 2nd respondent as against the petitioners, the petitioners herein has no objection to allow the above petition and quash the impugned order and the proceedings as prayed for in the petition. (b) The 1st petitioner herein had initiated PCR No.285/2021 in CC No.2211/2021 on the file of XVIII ACMM at Bengaluru City against the 2nd respondent for the offence punishable under Sec. 138 of N.I. Act. The said criminal case has now ended in the judgment & order of acquittal dt. 15.12.2023. It is submitted that in view of the settlement of all the litigation pending before the Criminal Court between the parties, the 1st petitioner hereby agrees not to prefer any Criminal Appeal challenging the said judgment & order of acquittal. (c) The 2nd respondent herein has also filed a Criminal Case in PCR No.75/2021 in CC No.21182/2021 pending on the file of the learned II Addl. Civil Judge & JMFC at Tumkur against the 1st - 7 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 petitioner alleging the commission of offence under Sec. 138 & 142 of N.I. Act. The said case is pending at the stage of evidence. It is submitted that in view of the settlement between the parties as stated supra, the 2nd respondent hereby agrees and hereby undertakes to withdraw the said criminal case. If for any reason the 2nd respondent fails to withdraw the said complaint, the 1st petitioner would be at liberty to file the present compromise petition before the jurisdictional Court and request for dismissal of complaint. PRAYER In view of the above settlement, the petitioners & 2nd respondent humbly prays that this Hon'ble Court may kindly be pleased to allow the above petition as prayed for, in the interest of justice.” 5. The dispute is purely private in nature. The parties have settled the matter. Petitioner No.1 and respondent No.2 are present before the Court. Respondent No.2 submits that in view of the settlement entered into between the parties, he is not interested in - 8 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 proceeding further in the matter and he has no objection to quash the proceedings initiated against the petitioners. 6. Learned counsel appearing for both the parties submit that the respective parties have resolved all the disputes among themselves and they have undertaken not to proceed with the cases pending in C.C.No.2211/2021 on the file of XVIII ACMM, Bengaluru City as well as CC No.21182/2021 pending on the file of the II Additional Civil Judge and JMFC, Tumkur. 7. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or - 9 - NC: 2025:KHC:17283 CRL.P No. 6896 of 2023 arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 8. In the light of the above, it is just and proper to allow the petition and to quash the proceedings pending against the petitioners in the interest of justice. Hence, the following: ORDER i. Petition is allowed. ii. I.A.No.1/2025 is allowed. iii. The entire proceedings arising out of PCR No.320/2023 on the file of the Court of I Additional Civil Judge (Jr.Dvn) & JMFC, Tumakuru, and consequent FIR in Cr.No.150/2023 registered at Tumakuru Rural Police Station, Tumakuru, against the petitioners for offences punishable under Section 420, 465 and 468 of IPC are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 11