- 1 - NC: 2025:KHC-D:1524 CRL.P No. 100951 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100951 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: AMARESH S/O. VEERESH KARABADINNI AGE. 27 YEARS, OCC. COOLIE, R/O. VITTALAPUR HOBLI, TAVARAGERA, TQ. KUSTAGI, DIST. KOPPAL-583231. …PETITIONER (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH VIDYAGIRI P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. 2. MADHAVARAO S/O. GURUNATHRAO KULKARNI AGE. 49 YEARS, OCC. GOVT. SERVANT, R/O. SATYA SANKALP APARTMENT, MANJUNATHPUR, 2ND CROSS, MALAMADDI, DHARWAD-580001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. A.C.CHAKALABBI, SRI. S.G.NANDOOR AND SRI. S.B.DODDAGOUDAR, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PLEASED TO, CALL FOR RECORDS, ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER INITIATED IN C.C. NO.2220/2022 (CRIME NO.48/2022 REGISTERED BY VIDYAGIRI PS) PENDING ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD FOR THE OFFENCES PUNISHABLE U/S 419, 420, 384 OF IPC. THIS PETITION, COMING ON FOR ORDERS, 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: 2025.01.28 15:15:52 +0530 - 2 - NC: 2025:KHC-D:1524 CRL.P No. 100951 of 2023 ORAL ORDER The petitioner is sought to be prosecuted for the offences punishable under Sections 419, 420, 384 r/w 34 of IPC. 2. The case of the prosecution is that, the complainant is a chartered accountant, and the accused threatened the complainant to part with a sum of Rs.4,50,000/- for closing the complaint against the complainant, and due to the said threat, the complainant credited a sum of Rs.4,50,000/- to the account of the accused. 3. Accused and complainant-respondent No.2 are present before this Court and have filed an application under Section 320 (1) of Cr.P.C., for compounding of the offence, stating that, they have amicably settled the dispute among themselves, and the accused returned the entire amount to the complainant, and further the complainant has no objection for quashing of the impugned proceedings. 4. The application is placed on record. 5. In terms of the settlement, the complainant had withdrawn the seized amount of Rs.2,56,000/-. 6. Though the offences alleged against the petitioner- accused herein are cognizable and non-compoundable, however, given to the facts and circumstances 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 - 3 - NC: 2025:KHC-D:1524 CRL.P No. 100951 of 2023 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. 7. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in C.C.No.2220/2022 pending on the file of the learned III Additional Senior Civil Judge and CJM Dharwad, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 2 Sl No.: 4