Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36752 CRL.P No. 12906 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12906 OF 2025
BETWEEN:
PRAVEEN B N S/O NAGESH B.M AGED ABOUT 31 YEARS, R/A NO.121, BENAKANAKERE, KADABA HOBLI, TURUVEKERE TALUK, TUMKURU DISTRICT - 572 227. …PETITIONER (BY SRI. H. V. PRAVEEN GOWDA, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KENGERI POLICE STATION , BENGALURU - 560060.
STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
SHRUTHI K.S, D/O SWAMY, AGED ABOUT 30 YEARS, GAYATHRI MANDIR ROAD, 2ND MAIN ROAD, HOYSALA CIRCLE, KENGERI POLICE STATION, KENGERI, BENGALURU - 560026. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1;
SRI. KUMAR DYAVAPATNA, ADVOCATE FOR R2)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36752 CRL.P No. 12906 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC NO.837/2025 WHICH IS PENDING CONSIDERATION BEFORE THE HONORABLE CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The petitioner seeks quashing of the proceedings pending in S.C.No.837/2025 (arising out of C.C. No.2739/2024 and Crime No.461/2023) for the offences punishable under Sections 34, 376, 384, and 420 of the Indian Penal Code, 1860, on the file of the City Civil and Sessions Judge, Bengaluru.
2. Today, an affidavit has been filed by respondent No.2–Complainant, who is also present before this Court. On enquiry, she submits that there had been a financial transaction between herself and the petitioner, which has now been amicably settled. She further expressly withdraws all allegations pertaining to the offences under Sections 34, 376, 384 and 420 of IPC.
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HC-KAR NC: 2025:KHC:36752 CRL.P No. 12906 of 2025
3. Upon reading the complaint and considering the affidavit, it appears that the dispute is essentially civil in nature. The complainant has clarified that there was no physical contact between her and the petitioner, and that the matter pertained purely to a hand loan transaction. While the offences alleged are non-compoundable under law, in view of the withdrawal of allegations and amicable settlement of the financial dispute, the Court is inclined to extend relief to the petitioner to prevent abuse of the legal process.
4. Today, in open Court, the petitioner–accused has made a payment of Rs.2,00,000/- by Demand Draft No.016978 and it is further agreed that a sum of Rs.75,000/- will be paid once the complainant withdraws a private complaint filed under Section 138 of the Negotiable Instruments Act.
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HC-KAR NC: 2025:KHC:36752 CRL.P No. 12906 of 2025
5. The complainant has also agreed to return the cheque bearing No.371593 drawn on Karnataka Bank, which will be returned in the criminal proceedings.
6. In light of these developments, since the matter is amicably settled and the dispute, prima facie, appears to be civil in nature, the criminal proceedings are liable to be quashed to prevent abuse of the process of law.
7. Accordingly, the Court passes the following:
ORDER (i) The petition is allowed. (ii) The proceedings pending in S.C. No.837/2025 (arising out of C.C. No.2739/2024 and Crime No.461/2023) on the file of the City Civil and Sessions Judge, Bengaluru are hereby quashed insofar as the petitioner is concerned. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 117