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2025 DAILYLAW 40531 (KAR)

MR LLOYD NICHOLAS PIRES v. THE STATE OF KARNATAKA

CRL.P/7493/2024 · 2025-09-02

Sachin Shankar Magadum

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34434 CRL.P No. 7493 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7493 OF 2024 BETWEEN: MR LLOYD NICHOLAS PIRES, S/O PETER JOHN PIRES, AGED ABOUT 45 YEARS, R/AT NO.43, THY GRACE, DEFENSE COLONY, RAJJANNA LAYOUT, HORAMAVU AGARA, BENGALURU - 560 043. …PETITIONER (BY SRI. K B K SWAMY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY MADANAYAKANAHALLI POLICE, NELAMANGALA, BENGALURU RURAL DISTRICT. THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. CONCEPTM LOGISTICS INDIA PVT LTD, REPRESENTED BY ITS MANAGING DIRECTOR, MR MYLACAVE JOSEPH ABRAHAM, NO.14, 4TH CROSS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34434 CRL.P No. 7493 of 2024 OLD AIRPORT ROAD, SR LAYOUT, MURUGESHPALYA, BENGALURU - 560 043. …RESPONDENTS (BY SRI. RAHUL RAI., HCGP FOR R-1; SRI.P.B.AJITH., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.560/2024 REGISTERED BY THE RESPONDENT NO.1 MADANAYAKANAHALLY POLICE, FOR THE OFFENSES P/U/S 406 AND 420 OF IPC, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC AT NELAMANGALA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in Crime No.560/2024 for the offences punishable under Sections 406 and 420 of the IPC. 2. A joint memo is filed under Section 482 read with Section 320(2) of Cr.P.C., seeking permission to compound the offence in view of the settlement recorded in Com.O.S. No.501/2024. - 3 - HC-KAR NC: 2025:KHC:34434 CRL.P No. 7493 of 2024 3. Respondent No.2/complainant is present before this Court. On being queried, he has acknowledged that the dispute, which is primarily civil in nature, has been settled in terms of the compromise recorded in Com.O.S. No.501/2024. He has further confirmed that, as per Clause J of the compromise petition, he has undertaken to co-operate with the petitioner in seeking quashing of the present proceedings. 4. In view of the amicable settlement, this Court has taken note of the fact that the offences punishable under Sections 406 and 420 IPC are ordinarily not compoundable. However, on careful consideration of the terms of settlement recorded in the commercial suit, it is clear that the dispute arises out of a commercial transaction, is essentially civil in nature, and has been amicably resolved between the parties, culminating in a compromise decree. 5. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of process of law. To secure the ends of justice, and having regard to the settlement duly recorded in the civil proceedings, this Court is of the considered view that the proceedings in Crime - 4 - HC-KAR NC: 2025:KHC:34434 CRL.P No. 7493 of 2024 No.560/2024 for the offences punishable under Sections 406 and 420 IPC are liable to be quashed. ORDER i. The criminal petition is allowed. ii. The proceedings in Crime No.560/2024 pending on the file of the I Additional Civil Judge and JMFC, Nelamangala, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AMA List No.: 2 Sl No.: 20