- 1 - NC: 2025:KHC-D:3344 CRL.P No. 100582 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100582 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. SANTOSHKUMAR S/O. SIDDAPPA BADIGER AGE. 39 YEARS, OCC. AGRICULTURE, R/O. ITNAL, TQ. RAYABHAG, DIST. BELAGAVI-591235. …PETITIONER (BY SRI. R.H.ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (BAGALKOT TOWN POLICE STATION), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SRI. TOUSIF BAGAWAN S/O. FAKKIRSAB AGE. 29 YEARS, OCC. PRIVATE WORK, R/O. GULEDGUDDA, SECTOR NO.38, NAVANAGAR, BAGALKOT-587103. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. PRAKASH BADIGER, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS PENDING AGAINST THE PRESENT PETITIONER IN C.C.NO. 12/2023, ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM COURT, BAGALKOT, IN CONNECTION WITH BAGALKOT TOWN P.S. CRIME NO. 48/2021, DATED 23.08.2021, FOR THE OFFENCES P/U/SEC. 420 OF IPC, WHO IS ARRAYED AS ACCUSED NO.2 BY ALLOWING THE PRESENT PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.22 12:18:36 +0530 - 2 - NC: 2025:KHC-D:3344 CRL.P No. 100582 of 2025 ORAL ORDER 1. Sri.Prakash Badiger, learned counsel files a powee on behalf of respondent No.2. 2. The petitioner/accused No.2 who is facing trial for the offences punishable under Section 420 of the Indian Penal Code (IPC) is before this Court seeking relief. 3. The prosecution alleges that accused Nos. 1 and 2 issued an advertisement via WhatsApp offering employment. Accused No. 2 introduced himself as the President of the District Welfare Karnataka Forum and offered the complainant a job, stating that if he paid the amount before 21.11.2020, he would secure him employment. Based on this assurance, the complainant transferred a sum of Rs. 1,42,000/- through PhonePe and other payment methods. However, accused No. 2 neither secured a job for the complainant nor returned the amount 4. The parties are present before this Court, and have filed an application under Section 482 of the Cr.P.C (under Section 528 of the BNSS 2023) Act stating that they have amicably resolved the dispute among themselves, and in terms of the settlement, the entire amount of Rs.1,42,000/- has been paid to respondent No.2 and respondent No.2 has agreed to withdraw all the allegations and has no objection for quashing the impugned proceedings. 5. The application is placed on record. - 3 - NC: 2025:KHC-D:3344 CRL.P No. 100582 of 2025 6. Though the offences alleged against the petitioner- accused herein are cognizable and non-compoundable, given the fact, that the parties have amicably settled the dispute among themselves, and the respondent No.2 having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioner is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed. ii) The impugned proceedings in C.C.No.12/2023 pending on the file of the Principal Senior Civil Judge and CJM Court, Bagalkot, insofar as it relates to petitioner/accused No.2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 35