- 1 - HC-KAR NC: 2025:KHC:39141 WP No. 29606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29606 OF 2025 (GM-RES) BETWEEN: 1. SRI.CHANDRAIAH SON OF YELE NANJAPPA AGED ABOUT 65 YEARS RESIDING AT THINDLU VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK BANGALORE RURAL …PETITIONER (BY SRI. MEGHACHANDRA .D.N, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED SARJAPUR POLICE STATION SARJAPUR CIRCLE, SARJAPUR POST TQ BENGALURU - 562125 REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT BUILDING BENGALURU - 560 001. 2. R.S VINAY SON OF R.T SURYANARAYAN AGED ABOUT 46 YEARS C.F.O OF GENURISE INDIA PRIVATE LIMITED (FORMERLY KNOWN AS MJR BUILDERS PVT LIMITED) OFFICE AT 444, GRAND, 3RD FLOOR, 16TH CROSS, 5TH MAIN HSR LAYOUT, SECTOR-6, BENGALURU - 560102 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. BHARATH .K, ADVOCATE FOR R2) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39141 WP No. 29606 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, 2023, PRAYING TO SET ASIDE THE ORDER DATED 05.05.2025 AT ANNEXURE C, TAKING COGNIZANCE PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT ANEKAL IN CC. NO. 3199/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 C.C.No.3199/2025 for the offences punishable under Sections 329(3), 324(4), 352 and 351(2) of BNS 2023. 2. Today, an application is filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, indicating that the parties have amicably resolved their disputes. It is further stated that, in pursuance of the settlement, the accused and respondent No.2/complainant have executed a Joint Development - 3 - HC-KAR NC: 2025:KHC:39141 WP No. 29606 of 2025 Agreement, a copy of which has been placed on record before this Court. 3. In terms of the said Joint Development Agreement, the dispute which gave rise to the present criminal prosecution alleging that the accused had trespassed into the land belonging to the company is now settled, since the accused has entered into a Joint Development Agreement with the very company in which respondent No.2 is the Chief Financial Officer. Having regard to this development, this Court is of the opinion that the continuance of the criminal proceedings would serve no fruitful purpose, as the nature of the dispute is essentially civil and commercial. In view of the amicable settlement duly evidenced by the Joint Development Agreement, respondent No.2/complainant has expressed its intention to withdraw all allegations and has requested for quashing of the proceedings. Since the offences in question are compoundable, the application filed in I.A. No.1/2025 under Section 528 read with Section 359 of - 4 - HC-KAR NC: 2025:KHC:39141 WP No. 29606 of 2025 BNSS, 2023, deserves to be allowed. Accordingly, the parties are permitted to compound the offences in terms of the settlement. 4. For the reasons stated supra, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C.No.3199/2025 on the file of the Principal Civil Judge and JMFC, Anekal, for the offences punishable under Sections 329(3), 324(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in so far as the petitioner is concerned, stand quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 5 Sl No.: 7