- 1 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 10560 OF 2023 BETWEEN: 1. SRI MOHAMMED FAZAL YAKOOB S/O YAKOOB SAMAD AGED ABOUT 33 YEARS 2. SMT. KEHKASHA NIZAM SIDDIQUI W/O MOHAMMED FAZAL YAKOOB AGED ABOUT 27 YEARS 3. SRI MOHAMMED FASEEM YAKOOB S/O YAKOOB SAMAD AGED ABOUT 32 YEARS 4. SRI MOHAMMED HASEEB YAKOOB S/O YAKOOB SAMAD AGED ABOUT 29 YEARS 5. SRI YAKOOB SAMAD S/O SRI S.A.SAMAD AGED ABOUT 65 YEARS PETITIONER NO.2 TO 5 ARE REPRESENTED BY THE FIRST PETITIONER AS GPA HOLDER. ALL ARE RESIDING AT NO.118, HENNUR MAIN ROAD, 1ST CROSS, SAMAD SAHIB ROAD, KACHARAKANAHALLI, ST. THOMAS TOWN, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 BENGALURU-560 084. …PETITIONERS (BY SRI. SRIVASTHAVA H.K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE, KARNATAKA CHIKKAMAGALURU RURAL CIRCLE ALDUR P.S. CHIKKAMAGALURU DISTRICT KARNATAKA-577 111. 2. PADMASKSHE GOWDA S/O LATE PITTASWAME GOWDA AGED ABOUT 60 YEARS RESIDING AT A.P. HOUSE AGALA HANGARAVALLI, VASTHARE HOBLI, CHIKKAMAGALURU KARNATAKA-577 133. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI H.N.MANJUNATH PRASAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.959/2023 REGISTERED BEFORE THE ALDUR POLICE STATION, CHIKKAMAGALURU RURAL CIRCLE, CHIKKAMAGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 120-B 35, 420, 468 OF IPC, PENDING BEFORE THE FILE OF PRINCIPAL CIVIL JUDGE (Jr. Dn.) AND JUDICIAL MAGISTRATE FIRST CLASS COURT, CHIKMAGALUR AT CHIKMAGALUR AT THE FIR IN CR.NO.97/2020 DATED 21.06.2020, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, CHIKKAMAGALUR AT CHIKKAMAGALUR AND ALL FURTHER PROCEEDINGS PURSUANT THERE TO SECURE. - 3 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for the petitioners and also the counsel appearing for the respondents/complainant. 2. This petition is filed seeking the relief of quashing of the criminal proceedings initiated against the petitioner for the offence punishable under Section 406, 120B, 35, 420, 468 of IPC r/w Section 34 of IPC. The main ground urged in the petition is that the entire action is an abuse of process of law and hence this Court has to invoke Section 482 of Cr.P.C. The counsel also would contend that the matter was amicably settled between the parties in a suit in O.S.No.122/2020 wherein the respondent also signed the document of memo and also agreed to sell the property jointly by both of them in favor of Dhaneshwar, Lakshman Rao to an extent of 10 guntas and also the - 4 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 respondent agreed to withdraw the P.C.R.No.254/2020 filed against defendant Nos.1 to 4 who are the petitioners herein. It is also contended that the plaintiff and defendant Nos.1 to 4 have already executed the sale deed pertaining to Sy.No.344/1 to an extent of 10 guntas of land and also parties have settled the matter and got dismissed the suit. In view of settlement arrived between the parties is concerned, no need to continue the proceedings before the Trial Court. 3. The counsel for the respondent-State would submits that the investigation has been completed and charge sheet is also filed, at this stage question of quashing does not arise. 4. The counsel appearing for the respondents not disputes the memo filed before the Court wherein both plaintiff and defendant have settled the dispute between the parties and agreed to jointly sell the property in favor of Dhaneshwar Lakshman Rao to the tune of 10 guntas of land and suit was also withdrawn. The respondent also - 5 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 agreed to withdraw the P.C.R.No.254/2020 and this criminal proceedings is also arising out of the said complaint and when such material is placed before the Court and also the respondent not disputes the fact that both of them have settled the matter and withdrew the suit filed earlier and settled the issue between the parties. Having considered the material on record, when the issue was sorted out between them and also consequently both of them have executed the sale deed as agreed in terms of the memo and continuation of criminal proceedings in spite of the matter has been settled among themselves, is nothing but an abuse of process. It is a fit case to exercise the power under Section 482 of Cr.P.C or otherwise continuing the same amounts to an abuse of process since there was a specific agreement between the parties to withdraw the complaint and this criminal prosecution is also arising out of the said private complaint and hence earlier issue was also between the parties with regard to inter say between both of them and also not against the society at large. Hence, it is appropriate to quash the - 6 - NC: 2025:KHC:1655 CRL.P No. 10560 of 2023 proceedings initiated against the petitioners. Hence, the same is quashed. Accordingly, the criminal petition is disposed of. 5. In view of dismissal of the petition, I.As., if any do not survive for consideration, the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 91