- 1 - HC-KAR NC: 2025:KHC:20223 CRL.P No. 10988 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10988 OF 2024 BETWEEN: M.S.PRABHUDEVA AGED ABOUT 59 YEARS S/O LATE M.SIDDAIAH R/AT NO. 3682A-118 BEHIND VANI RICE MILL TARALABALU BADAVANE VTC: DAVANAGERE PO: BAPUJI VIDYANAGARA DAVANAGERE – 577 005. …PETITIONER (BY SRI BALASUBRAMANYA B.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MAYAKONDA POLICE STATION DAVANAGERE RERPESNETED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. 2. SHANKARA MURTHY K.G., AGED ABOUT 66 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20223 CRL.P No. 10988 of 2024 S/O JAYAPPA K.G., R/O KODAGANURU VILLAGE DAVANAGERE TALUK DAVANAGERE – 577 534. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI PRAVEEN C., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1819/2024 REGISTERED BY THE MAYAKONDA POLICE, DAVANAGERE/1ST RESPONDENT FOR THE OFFENCES P/U/S 420 AND 409 R/W 34 OF THE IPC, NOW THE CASE IS PENDING ON THE FILE OF THE HON’BLE I ADDL. CIVIL JUDGE AND JMFC, DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court calling in question the proceedings in C.C.No.1819 of 2024 pending on the file of I Additional Civil Judge and JMFC, Davanagere registered for offences punishable under Sections 420 and 409 r/w Section 34 of the IPC. - 3 - HC-KAR NC: 2025:KHC:20223 CRL.P No. 10988 of 2024 2. Heard Sri Balasubramanya B N, learned counsel appearing for petitioner, Sri B N Jagadish, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Praveen C, learned counsel appearing for respondent No.2. 3. During the pendency of the proceedings before this Court, the parties to the lis have settled the matter amicably between themselves and accordingly filed I.A.No.1 of 2025 under Section 320 of the Cr.P.C. seeking to compound the offences. The relevant paragraphs of the application reads as follows: “…. …. …. 6. The 2nd respondent after thorough enquiry found that, the petitioner is innocent and he has been falsely implicated without proper investigation by the 1st respondent, as such it is not just and proper to continue the petitioner as one of the accused person. 7. The 2nd respondent voluntarily come forward before this Hon'ble Court at his own occard after commining to know that, the petitioner has been implicated in the instant case as one of the accused for the offences punishable under Sections 420, 409 read with of Indian Penal Code. 8. The offence under section 409 of Indian Penal Code has not attracted in the whole case and the offence punishable under Section 420 of Indian Penal Code is compoundable. - 4 - HC-KAR NC: 2025:KHC:20223 CRL.P No. 10988 of 2024 9. The entire materials collected by the IO as evidence i.e., in the form of statement of witnesses, the documents has seized in the bank and other circumstances evidence has not implicate any kind of participation of the petitioner in the alleged offence as complaint by the complainant. Hence, there is no prima facie materials to prosecute this petitioner i.e., accused No.5. 10. In view of the supra, the complainant has no allegations or is being aggrieved by the petitioner, as such the intents to compromise with this petitioner. 11. The petitioner and the 2nd respondent jointly filed this application at their own instance to settle this issue and to close the further proceedings against the petitioner. WHEREFORE, it is prayed that, this Hon'ble Court be pleased to Compound offences and quash all further proceedings against the petitioner/accused No.5 in CC.No.1819/2024 pending on the file of I Additional JMFC, Davanagere District, Davanagere, in the interest of justice.” Since the offences punishable as afore-mentioned are not heinous and not against the State, I deem it appropriate to accept the application seeking compounding of the offence and permit the parties to enter into compromise. 4. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. - 5 - HC-KAR NC: 2025:KHC:20223 CRL.P No. 10988 of 2024 (ii) The impugned proceedings in C.C.No.1819 of 2024 pending on the file of the learned I Additional Civil Judge and J.M.F.C., Davanagere stands quashed qua the petitioner. (iii) It is made clear that this settlement would not be binding on any other accused in C.C.No.1819 of 2024 except the petitioner herein. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 77