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2025 DAILYLAW 42332 (KAR)

DHIRAJ T PATEL v. DR. KUMARASWAMY M N

CRL.P/8137/2020 · 2025-10-17

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8137 OF 2020 BETWEEN: 1. DHIRAJ T. PATEL S/O LATE T.G.PATEL AGED ABOUT 42 YEARS R/AT NO.275/1-3 NEW TIMBER YARD LAYOUT MYSORE ROAD BENGALURU-560 026 2. DEEPAK C. PATEL S/O CHIMANLAL N. PATEL AGED ABOUT 36 YEARS R/AT NO.76/A, JANAKI NIVAS 10TH MAIN ROAD, 1 ST A CROSS KALYAN CO-OPERATIVE HOUSING SOCIETY RPC LAYOUT, VIJAYANAGAR 2ND STAGE BENGALURU-560 040 3. BHAVESH C. PATEL S/O C.G.PATEL AGED ABOUT 28 YEARS R/AT NO.2914, 'SHIVA KRUPA' 14TH MAIN ROAD, ATTIGUPPE VIJAYANAGAR BENGALURU-560 040 …PETITIONERS (BY SRI. PRANAV T.M., ADVOCATE FOR SRI. B.R.VISWANATH, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 AND: DR. KUMARASWAMY M. N. S/O LATE M. NANJUNDASWAMY AGED ABOUT 49 YEARS NO.1081, 10TH MAIN RPC LAYOUT, VIJAYANAGARA BENGALURU-560 040 …RESPONDENT (BY SMT. DEEPTHI SHETTY, ADVOCATE FOR SRI K. C. SUDARSHAN, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS BEFORE THE LEARNED XXIV ADDL.C.M.M. COURT AT BANGALORE BASED ON THE COMPLAINT FIELD BY RESPONDENT FOR THE ALLEGED OFFENCE UNDER SECTIONS 420 AND 120B OF IPC IN CASE NO.C.C.NO.12935/2019 AND ETC. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 ORAL ORDER Petitioners are seeking to quash the proceedings arising out of PCR No.7916/2017, now pending in C.C.No.12935/2019 on the file of the XXIV Additional CMM Court at Bangalore, registered for the offences punishable under Sections 420 and 120B of IPC. 2. A compromise petition is filed under Section 482 read with Section 320 of the Cr.P.C., 1973, signed by the petitioners, respondent/complainant and their respective learned counsels. 3. It is stated that the parties have settled the matter and in view of the said settlement, respondent/complainant has no objection to quash the proceedings now pending against the petitioners. Paragraph Nos.1 to 4 of the compromise petition are extracted hereunder: "1. It is submitted that the above Criminal Petition has been filed by the Petitioners under Section - 4 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 482 of the Code of Criminal Procedure, seeking to quash the criminal proceedings in C.C. No. 12935/2019, pending on the file of the 24th Additional Chief Metropolitan Magistrate, Bengaluru, which arose out of a private complaint lodged by the Respondent alleging offences punishable under Sections 420 and 120B of the Indian Penal Code against the Petitioners. 2. It is submitted that there was a long-standing civil dispute between the parties in respect of property bearing BDA Site No. 1042, Railway Line, Pipeline Extension, present Corporation No. 1042/90, 11th Main, RPC Layout, Vijayanagar, Bangalore-560040, measuring: East to West: 40 feet; North to South: 60 feet, which is the subject matter of O.S. No.2792/2024 before the XIV Addl. City Civil and Sessions judge, Bengaluru. During the pendency of the said civil proceedings, with the intervention of elders and well-wishers, the parties have amicably resolved all their disputes and differences and have entered into a Memorandum of Compromise. The parties have agreed to file a Compromise Petition before the XIV Addl. City Civil and Sessions judge, Bengaluru in O.S. No. 2792/2024, - 5 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 recording the terms of the settlement in the next date of hearing. 3. In view of the above settlement, the Respondent has no objection to the quashing of the criminal proceedings in C.C. No. 12935/2019 pending before the 24th Addl. CMM, Bengaluru. The Respondent states that the criminal complaint was filed in the backdrop of the civil dispute, which now stands fully and finally settled between the parties. 4. The parties respectfully submit that the compromise has been entered into voluntarily, without any coercion, undue influence, or misrepresentation, and that no rights of third parties are affected by this compromise." 4. The dispute is purely civil in nature, which is between the concerned parties before the Court. Petitioners as well as respondent are present before the Court. They submitted that all the disputes among themselves have been resolved. The respondent submits that, in view of the settlement, he is not interested in proceeding with the matter any further. - 6 - HC-KAR NC: 2025:KHC:41493 CRL.P No. 8137 of 2020 5. In light of the settlement and the compromise petition filed before this Court, no purpose will be served in continuing the proceedings pending against the petitioners before the trial Court. Hence, to meet the ends of justice, it is just and necessary to allow the application and consequently the prayer seeking quashing of the proceedings. Accordingly, the following: ORDER The criminal petition is allowed. The entire proceedings pending before the XXIV Additional CMM Court at Bangalore in C.C.No.12935/2019, registered for the offences punishable under Sections 420 and 120B of IPC are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PGG List No.: 2 Sl No.: 17