- 1 - HC-KAR NC: 2025:KHC-D:14630 CRL.P No. 102068 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.102068 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SRINIVAS SHETTY @ GIRI S/O. VENKATESHAPPA SHETTY, AGE. 51 YEARS, OCC. BUSINESS, R/O. 8TH WARD, PARTAVATHINAGAR, SIRUGUPPA TOWN, TAL. SIRUGUPPA, DIST. BALLARI-583121. …PETITIONER (BY SRI BYREGOUDA N., ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, THROUGH SIRUGUPPA POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580011. 2. SRI. RAMAKRISHNA RAO S/O. SATHYANARAYANA RAO, AGE. 79 YEARS, OCC. AGRICULTURE, R/O. SIRUGUPPA, CAMP, TAL. SIRUGUPPA, DIST. BALLARI-583121. …RESPONDENTS (BY SRI PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI SANTOSH B. MANE, ADVOCATE FOR R2.) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14630 CRL.P No. 102068 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE IMPUGNED ORDERS DATED 07.03.2024 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, IN CRIMINAL REVISION PETITION NO.28/2023, CONFIRMING THE ORDER DATED 06.02.2023, PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, SIRUGUPPA, IN C.C.NO.627/2016, ON AN APPLICATION FILED UNDER SECTION 239 OF CR.P.C., REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC, MARKED AT ANNEXURE-A AND B RESPECTIVELY, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsels appearing for the complainant and the accused have jointly filed I.A.No.2/2025 under section 482 of Cr.P.C., for quashing the criminal proceedings registered against the petitioner/accused in C.C.No.627/2016, pending on the file of Civil Judge and JMFC, Siruguppa. 2. Learned counsel Sri Santosh B. Mane, appearing for respondent No.2 submitted that under the misconception of facts it was wrongly concluded that amount is to be given by the appellant/accused to the - 3 - HC-KAR NC: 2025:KHC-D:14630 CRL.P No. 102068 of 2024 respondent No.2/the complainant. However, the said fact is not correct and the matter may be closed. 3. Perused the averments made in the application and the affidavit of the complainant/respondent No.2 filed along with the application, which substantiates the submission of the learned counsel for respondent No.2/the complainant. Considering the same, I.A.No.2/2025 is allowed. 4. In the result, the petition is allowed. 5. The impugned order dated 07.03.2024, passed by the I Additional District and Sessions Judge, Ballari, in Criminal Revision Petition No.28/2023, and the order dated 06.02.2023, passed by the Civil Judge and JMFC, Siruguppa, in C.C.No.627/2016, on an application filed under section 239 of Cr.P.C., registered for the offence punishable under section 420 of IPC are hereby set aside. - 4 - HC-KAR NC: 2025:KHC-D:14630 CRL.P No. 102068 of 2024 6. The criminal proceedings in C.C.No.627/2016, registered against the petitioner/accused, pending on the file of Civil Judge and JMFC, Siruguppa, is hereby quashed. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 2 Sl No.: 13