- 1 - NC: 2025:KHC:12549 CRL.P No. 10805 of 2024 C/W CRL.P No. 10846 of 2024 CRL.P No. 10972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10805 OF 2024 C/W CRIMINAL PETITION NO. 10846 OF 2024 CRIMINAL PETITION NO. 10972 OF 2024 IN CRL.P No. 10805/2024: BETWEEN: 1. SRI. S V SHANMUGAM @ ABDUL RAHMAN S/O SHATHI VELU AGED ABOUT 47 YEARS, RESIDING AT NO.17/1, 3RD CROSS, ANEPALYA, ADUGODI POST, BENGALURU - 560030. …PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND: 1. THE STATION HOUSE OFFICER CUBBON PARK POLICE STATION, BANGALORE REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA COMPLEX, BANGALORE. 2. M/S. BRIGADE ENTERPRISES LIMITED CORPORATE OFFICE AT 3RD FLOOR HULKUL-BRIGADE CENTRE, NO.82 LEVELLE ROAD, BENGALURU-560 001 REPRESENTED BY GENERAL MANAGER MR. R.J. SHAMA SUNDAR. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12549 CRL.P No. 10805 of 2024 C/W CRL.P No. 10846 of 2024 CRL.P No. 10972 of 2024 …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. K.B. DURGAPRASAD, ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN CC.NO.18022/2021 (CR.NO.108/2010) REGISTERED BY THE CUBBON PARK POLICE STATION, BANGALORE, FOR THE OFFENCE P/U/S 408, 418, 477(A), 420 OF IPC, ON THE FILE OF III ACJM AT BENGALURU AGAINST THE PETITIONER. IN CRL.P NO. 10846/2024 BETWEEN: 1. SRI. S V SHANMUGAM @ ABDUL RAHMAN S/O SHANTHI VELU AGED ABOUT 47 YEARS RESDING AT NO.17/1 3RD CROSS, ANEPALYA ADUGODI POST BENGALURU-560 030. ..PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND: 1. THE STATION HOUSE OFFICER CUBBON PARK POLICE STATION BANGALORE REPRESENTED BY SSP HON'BLE HIGH COURT OF KARNATAKA COMPLEX, BANGALORE. 2. M/S. BRIGADE ENTERPRISES LIMITED CORPORATE OFFICE AT 3RD FLOOR, HULKUL-BRIGADE CENTRE, NO.82, LEVELLE ROAD, BENGALURU-560001 REP. BY GENERAL MANAGER, MR. R.J. SHAMA SUNDAR. ...RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; - 3 - NC: 2025:KHC:12549 CRL.P No. 10805 of 2024 C/W CRL.P No. 10846 of 2024 CRL.P No. 10972 of 2024 SRI. K.B. DURGAPRASAD, ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.18020/2011 (CRIME NO.108/2010) REGISTERED BY THE CUBBON PARK POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 408, 418, 477A, 420 OF IPC, ON THE FILE OF III ACJM AT BENGALURU AGAINST THE PETITIONER. IN CRL.P NO. 10972/2024 BETWEEN: 1. SRI. S V SHANMUGAM @ ABDUL RAHMAN S/O SHATHI VELU AGED ABOUT 47 YEARS, RESIDING AT NO. 17/1, 3RD CROSS, ANEPALYA, ADUGODI POST, BENGALURU - 560 030. ...PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND: 1. THE STATION HOUSE OFFICER CUBBON PARK POLICE STATION BANGALORE REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA COMPLEX, BANGALORE. 2. M/S BRIGADE ENTERPRISES LIMITED CORPORATE OFFICE AT 3RD FLOOR HULKUL-BRIGADE CENTRE, NO.82, LAVELLE ROAD BENGALURU - 560001 REPRESENTED BY GENERAL MANAGER MR. R.J. SHAMA SUNDAR. ...RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. K.B. DURGAPRASAD, ADVOCATE FOR R3) - 4 - NC: 2025:KHC:12549 CRL.P No. 10805 of 2024 C/W CRL.P No. 10846 of 2024 CRL.P No. 10972 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.18021/2021 (CRIME NO.108/2010) REGISTERED BY THE CUBBON PARK POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 408, 418, 477A, 420 OF IPC, ON THE FILE OF III ACJM AT BENGALURU AGAINST THE PETITIONER THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Since these petitions arise out of same crime number and the petitioner is common in all these petitions, they are taken up together, heard and disposed of by a common order. 2. In these petitions, the petitioner who is sought to be prosecuted for the offences punishable under Sections 408, 418, 477(A), 420 of IPC is before this Court seeking relief. 3. The prosecution alleges that the petitioner while working as a accounts assistance has misused the cheques issued in favour of the company and misappropriated the amount by discounting the cheques. 4. The petitioner and the respondent No.2 are before this Court and have filed an application for compounding stating that they have amicably resolved the dispute among themselves, and in terms of the settlement, the respondent No.2 has agreed to withdraw all the allegations made against - 5 - NC: 2025:KHC:12549 CRL.P No. 10805 of 2024 C/W CRL.P No. 10846 of 2024 CRL.P No. 10972 of 2024 the petitioner, and has no objection for quashing the impugned proceedings. 5. The applications are placed on record. 6. Though the offences alleged against the petitioner- accused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves and the respondent No.2- complainant having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Hence, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal petitions are allowed; ii) The Impugned proceedings in C.C.No.18022/2011, C.C.No.18020/2011 and C.C.No.18021/2011, pending on the file of the III Additional Chief Judicial Magistrate (ACJM) Bangalore, insofar as it relates to Petitioner-accused herein are hereby quashed, in all three cases. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR