- 1 - NC: 2025:KHC:10399 CRL.P No. 12401 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12401 OF 2024 BETWEEN: 1. CAN FIN HOMES LIMITED NON BANKING FINANCE COMPANY REGISTERED UNDER COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.29/1 SIR M N KRISHNA RAO ROAD LALBAGH WEST, BASAVANAGUDI BENGALURU 560004 REP BY ITS AUTHROISED OFFICER SRI SHIVA V R MOBLILE NO7200039999 EMAIL RECOVERY@CANFINHOMES.COM THROUTGH D NARAYANA SWAMY ADHIVAKTA MOBILE NO. 9945138186 DNS2025@YAHOO.COM. …PETITIONER (BY SRI. NARAYANA SWAMY D., ADVOCATE) AND: 1. SMT LAKSHMIDEVAMMA WO SHIVANNA AGED ABOUT 60 YEARS NO 575, 4TH MAIN ROAD 2ND CROSS KAMALANGARA BENGALURU 560079 MOBILE NUMBER 9972413638 EMAIL NOT KNOWN. 2. MR SHIVANNA SON OF CHIKKA SIDDAIAH AGED ABOUT 68 YEARS NO.575 4TH MAIN ROAD 2ND CROSS KAMALANAGAR BENGALURU 560079 MOBILE NO.9900491976 AND EMAIN NOT KNOWN. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10399 CRL.P No. 12401 of 2024 3. MR PARAMESH SO SHIVANNA AGED ABOUT 36 YEARS NO.575 4TH MAIN ROAD 2ND CROSS KAMALANGAR BENGALURU 560079 MOBILE 8103036861 AND EMAIN NOT KNOWN. …RESPONDENTS (BY SRI. RAFI A, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING THAT TO PASS ORDER OF QUASHMENT OF THE COMPLAINT DATED 14.10.2024 AT ANNEXURE-F FILED BY RESPONDENT IN CRL.MISC.NO.4373/2018 ON THE FILE OF LEARNED 5TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU SEEKING TO TAKE COGNIZANCE OF THE ALLEGED OFFENCES U/S 340 OF CR.P.C AGAINST AUTHORIZED OFFICER OF PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the proceedings in Crl. Misc.4373/2018 before the Trial Court, wherein cognizance was taken based on an application filed under Section 340 of Cr.P.C. 2. The parties are present before this Court and have filed a joint compromise memo stating that they have amicably resolved the dispute. As per the settlement, the respondents have agreed to pay a sum of Rs.30 lakhs to the petitioner for the closure of the loan account. They - 3 - NC: 2025:KHC:10399 CRL.P No. 12401 of 2024 have also agreed to withdraw all allegations and have no objection to quashing the impugned proceedings against the petitioner. 3. The joint compromise memo is placed on record. 4. Considering that the parties have amicably resolved the dispute, subjecting the petitioner-accused to trial would be futile, as the probability of conviction is remote and bleak in light of the settlement. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law. 5. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned proceedings in Crl.Misc.4373/2018 on the file of the 5th Additional Chief Metropolitan Magistrate, Bengaluru, insofar it relates to the petitioner-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE hr, List No.: 2 Sl No.: 15