- 1 - HC-KAR NC: 2025:KHC:28478 WP No. 4828 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4828 OF 2025 (GM-RES) BETWEEN: SRI. BASAVARAJU B.N, S/O SRI. B.K. NAGARAJ, AGED ABOUT 43 YEARS, THE COLLECTION MANAGER OF HDB FINANCIAL SERVICES LIMITED, OFFICE AT CHINMAY TOWER, 1ST FLOOR, 6TH CROSS 6TH ROAD, R.J. EXTENSION, DAVANGERE - 577 002. …PETITIONER (BY SRI. SURESH V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, DR. AMBEDKAR VEEDHI, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. GIRISH B.Y, S/O SRI YOGESH AGED ABOUT 33 YEARS, OCCUPATION FARMER, R/AT BENAKANAHALLI VILLAGE, KURUBRAHALLI POST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28478 WP No. 4828 of 2025 HERE GUNTANURU HOBALI, CHITRADURGA TALUK, DAVANGERE - 577 002. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. SHIVAKUMARAPPA T.C, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE FIR IN CRIME NO. 0018/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3(5), 308, 351(2), 351(3), 352 OF BHARATIYA NYAYA SANHITA, REGISTERED BY THE R-1 POLICE STATION VIDE ANNX-A WITH EXEMPLARY COST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: (a) Allow this writ petition by quashing the FIR in Crime No.0018/2025 dated 31.01.2025 pending before the Additional Civil Judge (Jr.Dn) & JMFC Court, Holalker, Chitradurga for the offence punishable under sections 3(5), 308, 351(2), 351(3), 352 of Bharatiya Nyaya Sanhita against the Petitioner/Accused No.3, registered by the /First respondent Police Station vide Annexure - A with exemplary cost. (b) Consequently, to quash the Complaint lodged by the second Respondent before the Police Inspector, Vidyanagara Police Station, Davangere vide Annexure - B. - 3 - HC-KAR NC: 2025:KHC:28478 WP No. 4828 of 2025 (c) To declare that the arrest of the petitioner is illegal and unconstitutional. (d) To pass such other orders or to issue such other directions as deemed fit in the facts circumstances of the case to meet the ends of justice 2. Learned counsel for the petitioner and learned counsel for respondent No.2 on instructions submit that the petition may be disposed of by quashing the impugned proceedings filed by respondent No.2 against the petitioner by directing respondent No.2 to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in favour of M/s HDB Financial Services Limited, of which the petitioner/accused No.3 is the Collection Manager, and further directing that immediately upon such deposit, respondent No.1/Police Authority may be directed to release the JCB vehicle bearing No.KA16-P-4113 in favour of respondent No.2. 3. In view of the joint submission made by both sides, I deem it just and appropriate to quash the impugned proceedings and issue certain directions. As a result, I pass the following: - 4 - HC-KAR NC: 2025:KHC:28478 WP No. 4828 of 2025 ORDER i. The petition is hereby disposed of; ii. The impugned proceedings qua petitioner/accused No.3 are hereby quashed; iii. Respondent No.2 is hereby directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in favour of the petitioner within a period of 2-3 weeks from today; iv. Immediately upon such deposit being made by respondent No.2 with the petitioner and producing an acknowledgment in this regard, the respondent/Police Authority shall immediately release the vehicle No.KA16-P-4113 in favour of respondent No.2 forthwith without any delay; v. All rival contentions between M/s HDB Financial Services Limited and respondent No.2 in relation to all other disputes are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 54 CT: BHK