- 1 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3230 OF 2019 BETWEEN: SHAHIL SHEIKH, S/O ISMAIL SHEIKH AGED 32 YEARS, IQBAL COMPOUND 6TH BLOCK, KRISHNAPURA SURATHKAL, MANGALORE (D.K) PIN CODE - 575 014 …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA PADUBEDRU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001 2. SHANKER SHETTY S/O. SUBBAYYA SHETTY, AGED 52 YEARS, NANDIKOORU VILLAGE, ADVE, UDUPI TALUK AND DISTRICT - 574 111 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. GIRIDHAR .H., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.46/2017 PENDING ON THE FILE OF Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 THE COURT OF A.C.J.M UDUPI, REGISTERED FOR OFFENCE P/U/S.468, 471, 201, 420 AND 511 OF IPC. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner has filed IA No.1 of 2025 under Section 320(2) of Cr.PC, seeking permission of the Court to compound the offences. The affidavit filed by the petitioner in support of the application reads as under: "The parties to the above petition beg to submit as follows: 1. That the above criminal petition is filed with a prayer to quash these quashing the entire proceedings in C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi, registered for offence punishable under section 468, 471, 201, 420 and 511 of IPC. 2. It is submitted that the dispute between the parties to the above petition has been settled between the parties amicably at the intervention of the elders. The complainant has agreed that he will not press the complainant filed by him. - 3 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 3. The petitioners and the respondent therefore pray that in view of the settlement arrived to between the parties, this Hon'ble Court may be pleased to permit the parties to compound the offence, and otherwise the parties will be put to hardship and injury. 4. The Hon'ble Supreme Court of India in a decision reported in (2014) 9 Supreme Court Cases 653 has held that even non compoundable offences can be permitted to be compounded by the Hon'ble High Courts this Hon'ble Court in exercise of its inherent power under section 482 of Cr.P.C and can interfere and permit the parties to compound the offences which are not hineous in nature and quash the entire proceedings. Wherefore, it is prayed that this Hon'ble Court be pleased to permit the parties to compound the offence punishable under section 468, 471, 201, 420 and 511 of IPC and accordingly the complaint in C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi, Mangaluru may be closed, in the interest of justice." AFFIDAVIT "I Shahil Sheikh, S/o Ismail Sheikh, aged about 42 years, R/at Iqbal Compound, 6th Block, Krishnapura, Surathkal, Mangaluru, now having come over to Bengaluru, do hereby solemnly affirm and state on oath as follows: 2. I am the petitioner in the above petition. I am aware the facts and circumstances of the case and hence deposing as hereunder: 3. That this criminal petition is filed by the petitioner with a prayer for quashing the entire proceedings in - 4 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi, registered for offence punishable under section 468, 471, 201, 420 and 511 of IPC. 4. I state that the dispute between the parties is already settled and I have already paid the amount to the complainant/2nd respondent and made good the loss suffered by the complainant. I state that with the well wishers of both side both myself and the complainant have agreed not to precipitate the complaint. Therefore, the dispute between the parties to the above petition has been settled between us amicably at the intervention of the elders. 5. I state that I and the respondent therefore pray that in view of the settlement arrived to between the parties, this Hon'ble Court may be pleased to permit the parties to compound the offence, and otherwise the parties will be put to hardship and injury. Hence, I pray that this Hon'ble Court be pleased to permit the parties to compound the offence punishable under 468, 471, 201, 420 and 511 of IPC and accordingly the case C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi may be closed, in the interest of justice." 2. Learned counsel for respondent No.2 has filed the affidavit sworn to by respondent No.2 which reads as under: "I, Shanker Shetty, S/o Subbayya Shetty, aged about 52 years, R/at Nandikooru village, Adve, Udupi - 5 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 Taluk & District, do hereby solemnly affirm and state on oath as follows: 2. I am the respondent in the above petition. I am aware the facts and circumstances of the case and hence deposing as hereunder: 3. That this criminal petition is filed by the petitioner with a prayer for quashing the entire proceedings in C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi, registered for offence punishable under section 468, 471, 201, 420 and 511 of IPC. 4. I state that the dispute between the parties is already settled and the petitioner has already paid the entire amount to me. I state that with the well wishers of both side both myself and the petitioner have agreed not to precipitate the complaint. Therefore, the dispute between the parties to the above petition has been settled between us amicably at the intervention of the elders. 5. I state that I and the petitioner therefore pray that in view of the settlement arrived to between the parties, this Hon'ble Court may be pleased to permit the parties to compound the offence, and otherwise the parties will be put to hardship and injury. Hence, I pray that this Hon'ble Court be pleased to permit the parties to compound the offence punishable under 468, 471, 201, 420 and 511 of IPC and accordingly the case C.C.No.46/2017 pending on the file of Additional Chief Judicial Magistrate, Udupi may be closed, in the interest of justice." - 6 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 3. The petitioner and respondent No.2 are present before the Court along with their counsel. The parties are identified by their respective counsel. 4. The petitioner and respondent No.2 admit terms of the application as well as the affidavits. Respondent No.2 submitted that nothing is due to be paid by the petitioner to him and he is withdrawing all the allegations made against the petitioner. He also states that he has no objection to allow the petition and to quash the criminal proceedings initiated against the petitioner. 5. The affidavit and the submissions are placed on record. 6. In view of the above IA No.1 of 2025 filed under Section 320(2) of Cr.PC is allowed. Permission is accorded to compound the offences. 7. In view of the compromise, the criminal proceedings initiated against the petitioner is liable to be quashed. Accordingly, I proceed to pass the following: - 7 - NC: 2025:KHC:8525 CRL.P No. 3230 of 2019 ORDER (i) The petition is allowed. (ii) The criminal proceedings in C.C.No.46/2017 (Crime No.153/2011 of Padubidri Police Station), registered for the offences punishable under Sections 468, 471, 201, 420 & 511 of IPC, is hereby quashed against the petitioner. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 16