- 1 - NC: 2025:KHC-D:65 CRL.P No. 101716 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101716 OF 2023 (482(Cr.PC)/528(BNSS)-) BETWEEN: PRABHU SHIVAREDDY @ PRABHAKAR @ PRABHU S/O VENKAPPA TADAR AGE.36 YEARS, OCC.BUSINESS R/O. KARUR SANTEPETE, TQ.SIRAGUPPA, DIST. BALLARI-583101 …PETITIONER (BY SRI. SANTOSH B MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KUKNOOR PS REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 583101 2. SURESH S/O. SHIVAPPA KOPPAD AGE.26 YEARS, OCC.BUSINESS, R/O. 2ND CROSS, GAVISHRINAGAR, KOPPAL - 583231 …RESPONDENTS (BY SRI.ASHOK T KATTIMANI, AGA FOR R1) (R2-SERVED & UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER/ACCUSED NO.2 IN CC NO.299/2016 ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:10 +0530 - 2 - NC: 2025:KHC-D:65 CRL.P No. 101716 of 2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, YELBURGA KOPPAL FOR THE OFFENCES PUNISHABLE U/S 420, 465, 468, 472, 120(B). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Accused No. 2, who is facing charges for offences punishable under Sections 420, 465, 468, 472, and 120(B) of the Indian Penal Code (IPC), has approached this Court seeking relief. 2. The case of the prosecution is that accused No. 2, in conspiracy with others and with the intention of making unlawful monetary gains, allegedly induced the complainant to supply cement worth ₹1,62,000/-. Believing the representations made by the accused, the complainant supplied the cement. However, the accused failed to pay for the cement with the alleged intention to cheat the complainant. 3. The de facto complainant, despite being served with notice, has not appeared before this Court, either in person or through counsel. - 3 - NC: 2025:KHC-D:65 CRL.P No. 101716 of 2023 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate (AGA) for the respondent/State. 5. Upon perusal of the charge sheet materials, it is observed that, apart from the self-serving statement of the de facto complainant, there is no independent or corroborative material to establish that the complainant had supplied cement to the accused’s shop. Even if the allegations against the petitioner are accepted at face value, they appear to pertain to a breach of contract rather than constituting a criminal offence. The initiation of criminal proceedings in this case seems to be a means to exert pressure on the petitioner to make payment for the allegedly supplied cement. 6. In the absence of any substantial material evidence to support the allegations against the petitioner, the continuation of criminal proceedings would amount to an abuse of the process of law. Criminal law cannot be used as an instrument to settle disputes of a civil nature arising out of contractual obligations. 7. Accordingly, the criminal proceedings initiated against accused No. 2 are liable to be quashed, as they lack prima facie merit and are motivated by extraneous considerations. 8. Accordingly, the petition is allowed. The impugned proceedings in CC No.299/2016 pending on the file of Senior Civil - 4 - NC: 2025:KHC-D:65 CRL.P No. 101716 of 2023 Judge and JMFC, Yelburga, Koppal for the offences punishable under Sections 420, 465, 468, 472, 120(B) of IPC, insofar as petitioner/accused No.2, are hereby quashed. Pending applications, if any, are disposed off, as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR List No.: 1 Sl No.: 45