- 1 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10150 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. NAGARAJU S/O VENKATASUBBAIAH, AGED ABOUT 63 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 2. SMT. GEETHA W/O NAGARAJU, AGED ABOUT 56 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 3. SMT. NANDINI D/O NAGARAJU, AGED ABOUT 41 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 4. DIVYA D/O NAGARAJU, AGED ABOUT 39 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 5. JAYAMALA W/O LATE KRISHNAMURTHY, AGED ABOUT 54 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 6. SAHANA D/O LATE KRISHNAMURTHY, AGED ABOUT 35 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 7. ISHWARYA D/O LATE KRISHNAMURTHY, AGED ABOUT 31 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 8. SANATH @ BALASUBRAMANYA S/O LATE KRISHNAMURTHY, AGED ABOUT 31 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, - 3 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 9. MANJUNATHA S/O VENKATASUBBAIAH, AGED ABOUT 57 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 10. SUMA W/O MANJUNATHA AGED ABOUT 54 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. 11. NISHA D/O MANJUNATHA AGED ABOUT 23 YEARS, R/AT GADDEBINDENAHALLY VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT -573 116. …PETITIONERS (BY SRI. SATHISHA D.J., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNARAYAPATNA TOWN POLICE STATION, HOLENARASIPURA SUB-DIVISION, - 4 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 HASSAN DISTRICT-573 116. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SRI. SHIVANANJEGOWDA S/O LATE NANJAPPA, AGED ABOUT 60 YEARS, R/AT SHREE LAKSHMINARAYANA NILAYA, RAMESHWARA BADAVANE, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. M.N. UMASHANKAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED REGISTRATION OF FIR IN CRIME NO.02/2023 DATED 05.01.2023 AT ANNEXURE-A BY THE CHANNARAYAPATNA TOWN POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 420 AND SECTION 34 OF IPC, AND PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C. AT CHANNARAYAPANTA, AGAINST THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition seeking quashing of FIR in Cr.No.2/2023 registered at Channarayapatna Town Police Station, Hassan, for offence punishable under Section 420 r/w 34 of IPC, is preferred by accused Nos.1 to 11. 2. An act of cheating is allegedly committed against the complainant by name Shivananjegowda S/o late Nanjappa, in respect of a property bearing Sy.No.13/2 of Gaddebindenahally village, Channarayapatna Taluk, Hassan District. 3. Learned counsel for petitioners has furnished a copy of the order passed in W.P.No.391/2025 disposed of on 30.1.2025 filed by the complainant-Shivananjegowda, wherein, the petitioners are respondents-1 to 11 respectively. He submitted that in the said petition, compromise petition was filed and in terms of the compromise, the said writ petition was disposed of. - 6 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 4. The above writ petition arises out of O.S.No.30/2023 filed by the complainant before the learned Additional Senior Civil Judge and JMFC, Channarayapatna, seeking specific performance of the agreement entered into between parties in respect of the very same property. This Court in writ petition, has directed to draw a decree in respect of defendant Nos.5 to 11 i.e., petitioners-5 to 11/accused Nos.5 to 11. 5. Clause 16 of the compromise petition is extracted hereunder: “It is submitted that the plaintiff and defendants have agreed that they will withdraw and clear all the pending litigations, civil or criminal proceedings filed or instituted by them against each other in connection with the suit schedule property.” 6. Learned counsel appearing for respondent No.2/complainant would submit that in view of the compromise petition filed in the above noted writ petition and the settlement arrived at between parties, criminal proceedings against petitioners-5 to 11/accused Nos.5 to - 7 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 11 may be quashed. However, he contended that insofar as petitioners-1 to 4/accused Nos.1 to 4 are concerned, settlement is still going on. 7. Learned counsel for petitioners would submit that if any settlement takes place between the complainant and petitioners-1 to 4/accused Nos.1 to 4, he may be permitted to file a fresh petition before this Court seeking quashing and liberty may also be reserved for the petitioners to seek discharge before the trial Court. 8. In the light of above submission and compromise entered into between the complainant and petitioners-5 to 11/accused Nos.5 to 11, the following: ORDER i. Petition is partly allowed. ii. The entire proceedings arising out of Cr.No.2/2023 of Channarayapatna Town Police Station registered for offence punishable under Section 420 r/w 34 - 8 - NC: 2025:KHC:14811 CRL.P No. 10150 of 2023 of IPC is quashed as against petitioners-5 to 11/accused Nos.5 to 11. iii. Liberty is reserved to petitioners-1 to 4/accused Nos.1 to 4 to file a fresh petition before this Court seeking quashing of the proceedings in case of settlement. iv. The petitioners-1 to 4/accused Nos.1 to 4 are also at liberty to seek discharge before the trial Court. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 22 Ct:ar