Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13325 CRL.P No. 6897 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6897 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SMT. VEENA L M W/O GIRISH S E AGED ABOUT 41 YEARS R/AT NO.148, EWS 1ST CROSS, 1ST PHASE J.T. EXTENSION, KUVEMPU NAGAR MYSORE-570 023. …PETITIONER (BY SRI. V.R. BALARAJ, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY S.H.O. OF MICO LAYOUT POLICE STATION REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560 001.
2.
M/S SUNDAR RAM SHETTY NAGARA CREDIT SOUHARDA SAHAKARI NIYAMITA OFFICE AR NO.116/1A 7TH MAIN ROAD, 11TH CROSS SUNDAR RAM SHETTY NAGAR B.T.M. 4TH STAGE, BENGALURU-560 076.
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:13325 CRL.P No. 6897 of 2024
REPRESENTED BY ITS CEO SRI PRASANNAIAH S B S/O LATE SRI S V BASANNA AGED ABOUT 70 YEARS RA/T NO.15, 2ND CROSS SILVER OAK LAYOUT, J P NAGAR, 7TH PHASE BENGALURU - 560 078. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1;
SRI. MADHUKAR NADIG, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.57/2023 U/S 420, 421 AND 415 OF IPC REGISTERED BY THE 1ST RESPONDENT - MICO LAYOUT POLICE STATION AGAINST THE PETITIONER PENDING ON THE FILE OF LEARNED VI ACMM, BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice for respondent No.1-State.
2. Sri Madhukar Nadig, learned counsel files vakalath on behalf of respondent No.2, and the same is placed on record.
3. The petitioner-accused No.2 challenges the registration of the Crime in Crime No.57/2023 for the offences under Sections 421, 420 & 415 of IPC.
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NC: 2025:KHC:13325 CRL.P No. 6897 of 2024
4. The 2nd respondent had filed a private complaint under Section 200 Cr.P.C., alleging that accused No.1 is the member of the Society and had obtained a loan by mortgaging his site through a registered mortgage deed. Accused No.1 having defaulted in repayment of the loan and in order to cheat the complainant, sold the mortgaged property in favour of accused No.2.
5. The petitioner-accused No.2 and the complainant are present before this Court and have filed a joint memo stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the petitioner- accused No.2 has closed the loan account of accused No.1. The respondent No.2-defacto-complainant has agreed to withdraw all the allegations and has no objection for quashing the impugned FIR.
6. The joint memo is placed on record.
7. In view of the settlement between the parties, continuing the investigation against the petitioner would be a futile exercise, as the probability of Police filing the charge sheet is unlikely. Proceeding with the case despite the compromise would amount to an abuse of the process of law.
ORDER
i) The Criminal petition is allowed
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NC: 2025:KHC:13325 CRL.P No. 6897 of 2024
ii) The Impugned FIR in Crime No.57/2023, registered by the Mico Layout Police Station, insofar it relates to petitioner accused-2 herein is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR