- 1 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21782 OF 2025 BETWEEN: 1. SRI. Y.N.SREENIVASA, S/O. LATE NARAYANASWAMAPPA, AGED ABOUT 74 YEARS, RESIDING AT NO. 14, 1ST MAIN, 11TH 'A' CROSS, WEST OF CHORD ROAD, II STAGE, BENGALURU - 560 086. 2. SMT. SURAKSHA W/O. Y.N. SREENIVASA, AGED ABOUT 50 YEARS, RESIDING AT NO. 14, 1ST MAIN, 11TH 'A' CROSS, WEST OF CHORD ROAD, II STAGE, BENGALURU - 560 086. …PETITIONERS (BY SRI. S.HEMANTH BHARADWAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SANJAYNAGAR POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. SMT. LATHA MANJARI, W/O. LATE L.N. ASHWATHAMA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 AGED ABOUT 75 YEARS, RESIDING AT NO. 13, 15TH CROSS, 5TH MAIN, HIG HOUSE, RMV II STAGE, BENGALURU - 560 094. 3. SRI. Y.A. CHETAN KUMAR, S/O. LATE L.N. ASHWATHAMA, AGED ABOUT 48 YEARS, RESIDING AT NO. 13, 15TH CROSS, 5TH MAIN, HIG HOUSE, RMV II STAGE, BENGALURU - 560 094. 4. SMT. Y.A.GAYATHRI, W/O. H.V.NANDAKUMAR, AGED ABOUT 54 YEARS, RESIDING AT NO. 57, CHARLES CAMPBELL ROAD, COX TOWN, BENGALURU - 560 005 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; NOTICE TO R2 & R4 DISPENSED WITH VIDE ORDER DATED 24.09.2025; SRI. A.SAMPATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO-QUASH THE ENTIRE PROCEEDINGS INSTITUTED AGAINST THE PETITIONERS/ACCUSED NOS. 1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 418, 419, 420, 462, 468, 471, 120B READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 IN CC NO. 8941/2019 PENDING ON THE FILE OF THE LEARNED III ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY VIDE ANNEXURE -D AND ETC. - 3 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioners/accused Nos.1 and 2 seeking quashing of the proceedings pending in C.C.No.8941/2019 for the offence punishable under section 406, 418, 419, 420, 462, 468, 471, 120B read with Section 34 of IPC. 2. A complaint came to be lodged by the 2nd respondent being aggrieved by the Gift Deed dated 04.05.2018 executed by the 1st petitioner in favour of the 2nd petitioner, which led to the registration of a criminal case and culminated in C.C.No.8941/2019 on the file of the learned III Additional Chief Judicial Magistrate, Bengaluru City. It is not in dispute that the parties are close relatives and the subject property appears to be a joint family property. The grievance of the complainant is that the 1st petitioner, by executing the Gift Deed in - 4 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 favour of the 2nd petitioner, had sought to deprive other family members of their lawful share in the joint family property. 3. During the pendency of these proceedings, the parties, who are members of the same family, have resolved their inter se disputes amicably. In furtherance of such settlement, and in order to restore harmony within the family, the petitioners have voluntarily proceeded to cancel the disputed Gift Deed. The cancellation of the Gift Deed is evidenced from Annexures–F, F1 and F2 placed on record. By virtue of such cancellation, the rights of the complainant and other family members in respect of the property are preserved. 4. Today, one of the complainants, appearing before this Court on behalf of the other complainants, has acknowledged the settlement and has given his consent to close the criminal proceedings. The complainants, having secured retention of their rights in the property by reason - 5 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 of the cancellation of the Gift Deed, have no subsisting grievance and have expressed their willingness to put an end to the criminal prosecution. 5. In view of the amicable settlement and the cancellation of the disputed Gift Deed, the substratum of the complaint no longer survives. Continuation of criminal proceedings in such circumstances would only amount to an abuse of process of law and would unnecessarily strain the relationship between the parties, who are close family members. This Court is therefore satisfied that it is a fit case to exercise inherent jurisdiction under Section 482 of the Cr.P.C. to secure the ends of justice and to promote cordiality and peace within the family. 6. Accordingly, the following: ORDER i. The criminal petition is allowed. ii. The proceedings in C.C.No.8941/2019 pending on the - 6 - HC-KAR NC: 2025:KHC:39018 WP No. 21782 of 2025 file of the III Additional Chief Judicial Magistrate, Bengaluru City, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE PSJ List No.: 4 Sl No.: 3