- 1 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13542 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI JAGADISH H SHETTY S/O HIRIYANNA SHETTY AGED ABOUT 53 YEARS, DOOR NO. 1/178, KANAKA HOUSE, KUDRUKOD, DODDAMANE, NAVUNDA VILLAGE AND POST, BYNDOOR, UDUPI- 576 214 2. SMT.SUMANGALA JAGADISH W/O JAGADISH H SHETTY AGED ABOUT 43 YEARS, SUSHIL HOUSE, HEMUNJEE NADA POST, BYNDOOR, MANGALURU CITY, MANGALORE - 574142 3. SRI. RATHNAKAR SHETTY S/O NANDAYAPPA SHETTY AGED ABOUT 61 YEARS, DOOR NO. 1/178, KANAKA HOUSE, KUDRUKOD, DODDAMANE, NAVUNDA VILLAGE AND POST, BYNDOOR, UDUPI-576 214 …PETITIONERS (BY SRI. AJITH A SHETTY, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 AND: 1. STATE OF KARNATAKA BY CYBER, ECONOMICS AND NARCOTICS CRIME POLICE STATION, MUDA BUILDING, 2nd FLOOR, URVA STORE, MANGALORE CITY, DAKSHINA KANNDA 575 006 BY CIRCLE INSPECTOR, REP BY SPP, HIGH COURT OF KARNATKA-01 2. MISS AISHA NOORAIN RUKNUDDIN D/O R M IBRAHIM AGED ABOUT 20 YEARS, RESIDING AT FLAT NO. 107 VISHWAS JASMINE, BRITTO LANE FALNIR, MANGALORE-575 001 …RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; SRI.G.P.MARISWAMY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE IMPUGNED FIR VIDE CR.NO.156/2023 BEFORE THE 2ND ADDL.SENIOR CIVIL JUDGE AND C.J.M MANGALURU CITY DATED 19.07.2023 LODGED BY THE CYBER ECONOMIC AND NARCOTICS CRIME P.S., MANGALORE ALLEGING OFFENCE P/U/S 34,120B,406,420,465,468,471 OF IPC AS PER DOCUMENT NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 ORAL ORDER This petition filed under Section 482 of Code of Criminal Procedure is by accused Nos.1 to 3, with a prayer to quash the criminal proceedings initiated against them in Cr.No.156/2023 for the offences punishable under Sections 120B, 406, 420, 465, 468, 471 r/w Section 34 IPC. 2. In support of the petition, the petitioners have contended that there is no semblance of truth in the allegations made. The dispute between the parties is civil in nature. There are no overt acts attributable to the petitioners. They have only performed the contractual duty. The alleged offences are non-cognizable, but the concerned police have not taken permission of the Court to investigate the matter. The continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition. - 4 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 3. On the other hand learned High Court Government Pleader submitted that on 19.07.2023, respondent No.2 filed a complaint alleging that she is a partner of M/s Kanaka Arshad Poultry Farm with petitioner Nos.2 and 3 having 50% share. Due to her personal problem, she expressed her desire to retire from the partnership. Petitioner No.1, who is the husband of petitioner No.2 offered to purchase 50% of her share, the money value of which comes to Rs.92,99,906.02 ps. In this regard at the request of accused No.1 on 06.03.2023, father of respondent No.2 prepared Reconstitution Partnership Deed. Though her signature was taken to the document, the cheque for Rs.92,99,906.02 ps. is not given to her and therefore, complaint is filed. 4. Learned HCGP would further submit that based on the complaint, case is registered and investigation is taken up. At this stage, petitioners have approached this Court and secured stay. - 5 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 5. Respondent No.2 has appeared through counsel. 6. The parties have filed a joint memo notarized before the Notary stating that on the intervention of mutual acquaintance of friends, the dispute between the parties is resolved amicably and that respondent is willingly withdrawing the allegations made against the petitioners and pray to allow the petition and quash the proceedings. 7. On 02.07.2025, learned counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 were present before the Court and submitted that the parties have settled and as such the criminal proceedings initiated against the petitioners may be quashed. 8. In the light of settlement entered into between the parties, no purpose would be served in continuing the proceedings. It would amount to abuse of the process of - 6 - HC-KAR NC: 2025:KHC:23703 CRL.P No. 13542 of 2023 the Court and therefore liable to be quashed and accordingly, the following: ORDER (i) Petition filed by the petitioners/accused Nos.1 to 3 under Section 482 Cr.P.C is allowed. (ii) The FIR dated 19.07.2023 in Cr.No.156/2023, on the file of II Addl.Senior Civil Judge and CJM, Mangaluru City for the offences punishable under Sections 120B, 406, 420, 465, 468, 471 r/w Section 34 is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. SD/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 18