- 1 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29468 OF 2024 (GM-RES) BETWEEN: 1. SRI. SANTHOSH DEVAYYA KHARVI, S/O DEVAIYYA KHARVI, AGED ABOUT 43 YEARS, R/AT MANJUSHREE KRIPA, MAVINA KURVE, BHATKAL TALUK, UTTARA KANNADA – 581 335 2. SRI. LAKSHMANA SHANIYA MOGER S/O SRI.SHANIYA MOGER, AGED ABOUT 50 YEARS, R/AT ALIVEKODI, SHIRALI, BHATKAL, UTTARA KANNADA – 581 354 3. SRI. GOPAL MAHADEV KHARVI S/O SRI. MAHADEV KHARVI, AGED ABOUT 38 YEARS, R/AT DIVYA NILAYA, BELNI, MAVINA KURVE, BHATKAL UTTARA KANNADA – 581 335 4. SRI. HARISH NARAYANA KHARVI S/O SRI. NARAYANA KHARVI, AGED ABOUT 40 YEARS, R/AT SHIVAYYANA HOUSE, MAVINA KURVE, BANDURU BHATKAL TALUK, UTTARA KANNADA – 581 335 …PETITIONERS (BY SRI. SUYOG HERELE E., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 AND: 1. THE STATE OF KARNATAKA THROUGH MALPE PS, REP.BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001 2. SRI. CHETHAN SALIAN, S/O SRI. SANJEEV SALIAN, AGED ABOUT 42 YEARS, R/AT NEAR SHIVA PANCHAKSHARI BHAJANA MANDIRA, MALPE, KOLAVURU, UDUPI – 576 108 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SMT. MAHALAKSHMI N., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 1906/2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI ALONG WITH FIR, COMPLAINT AND CHARGE-SHEET IN CRIME NO. 31/2024 REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 395, 365, 342 AND 149 OF IPC. (PRODUCED AT ANNEXURE-A, B, C AND D) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “i. Issue a Writ is the nature of Certiorari or any other Writ and quash the entire proceedings in C.C.No1906/202 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime No.31/2024 registered by the Respondent No.1Police for the offences punishable under section 395, 365, 342 and 49 of IPCin so far as these petitioner (produced at Annexure-A, B, C, D) ii. Alternatively transfer the FIR registered against the Petitioners herein in Crime No.0031/2024 from the file of Malpe Police Station to the file of Bhatkal Police Station and direct the Bhatkal Police to investigate the same. iii. Issue any other writ or order and Grant such other and further reliefs as this Hon’ble Court may deem fit, in the facts and circumstances of the case, in the ends of justice.” 2. Learned counsel for the petitioners – accused Nos.2, 7, 5 and 3 and learned counsel for respondent No.2 – complainant have filed Memorandum of Compromise Petition under Article 226 - 4 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 and 227 of the Constitution of India R/w. 482 of Code of Criminal Procedure, 1973, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.2, 7, 5 and 3, respondent No.2-complainant and their respective counsel are physically present before the Court and they admit the contents of the Memorandum of Compromise Petition, which reads as under:- “MEMORANDUM OF COMPROMISE PETITION NDER ARTICLE 226 AND 227 OF THE ONSTITUTION OF INDIA R/W 482 OF CODE OF CRIMINAL PROCEDURE, 1973. The Petitioners and the Respondent No.2 above named most respectfully submits as follows: 1. The Petitioners herein have challenged the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC, along with other consequential reliefs. 2. It is submitted that the Petitioners and Respondent No.2 in the above Writ petition have settled their intersay misunderstanding and - 5 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 dispute with the intervention and advices of well- wishers and elderly members of their respective families. The parties have settled their dispute amicably and they no longer intend to pursue the proceedings challenged in the above writ petition. The Respondent No.2 who is the de-facto complainant is present before this Hon'ble Court and has filed an affidavit in support of this compromise petition, request and gives his no objection for quashing the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC as prayed for in order to secure the ends of justice and to prevent the abuse of process of law. 3. Further, the Petitioners have also filed a Complaint against the Respondent No.2 and the same came to be registered as Crime No.50/2024 by the Bhatkal PS. The Bhatkal police have filed B-final Report in the said crime. However, the Petitioners have challenged the B- final Report by filing a protest petition. The Petitioners and Respondent No.2 have amicably come to the conclusion that pursuant to the compromise in the above writ petition the Petitioners shall withdraw - 6 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 the Complaint and Protest Petition filed to the B- final Report in Crime No. 50/2024 registered by the Bhatkal PS. 4. Further, the Petitioners and the Respondent No.2 submit that they have entered into this compromise without any undue influence or any coercion, they have amicably settled the matter on their own free will. 5. The ID proof of the Petitioners and Respondent No.2 is produced along with this memorandum of compromise petition. The same may be kindly taken on record. WHEREFORE, this Hon'ble court may kindly be pleased to permit the Petitioners/Accused and Respondent No.2 to compound and compromise the above proceedings and accordingly quash the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: - 7 - HC-KAR NC: 2025:KHC:22232 WP No. 29468 of 2024 ORDER (i) The petition is disposed of in terms of the Memorandum of Compromise Petition under Article 226 and 227 of the Constitution of India R/w. 482 of Code of Criminal Procedure, 1973, dated 24.06.2025. (ii) The proceedings in C.C.No.1906/2024 (arising out of Crime No.31/2024 of 1st respondent – Police) registered for the offences punishable under Sections 395, 365, 342 r/w. Section 149 IPC, pending on the file of the Principal Senior Civil Judge and CJM, Udupi, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 5 Sl No.: 9