- 1 - NC: 2025:KHC-D:3456 CRL.P No. 103126 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.103126 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. NAGAVVA, W/O. TAYAPPA MUSHTIGERI, AGE. 33 YEARS, OCC. HOUSEWIFE, HALAGERI, TAL. BADAMI-587113. 2. SRI. TAYAPPA, S/O. RAMAPPA MUSHTEGERI, AGE. 35 YEARS, OCC. AGRICULTURE, HALAGERI, TAL. BADAMI-587113. 3. ALLABAKSH KONAMAGI, AGE. 35 YEARS, OCC. AGRICULTURE, HALAGERI, TAL. BADAMI-587113. …PETITIONERS (BY SRI. KUSHAL V.BOLMAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KERUR POLICE STATION, BADAMI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001. 2. SMT. SHIDDAVVA, W/O. HANUMAPPA MUSHTIGERI, AGE. 50 YEARS, OCC. AGRICULTURE, HALAGERI, NOW AT.YARAGUPPA SB, TAL. BADAMI-587113. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:32 +0530 - 2 - NC: 2025:KHC-D:3456 CRL.P No. 103126 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDING IN CC NO.13/2017, (KERUR P.S. CRIME NO.150/2016), PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BADAMI, FOR THE OFFENCE PUNISHABLE U/S 420, 468, 471, 416, 419, R/W 34 OF IPC, PETITIONERS/ACCUSED NO.1 TO 3 ARE CONCERNED. 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. The petitioners/accused Nos. 1 to 3, who have been charge-sheeted for offences punishable under Sections 420, 465, 471, 416, and 419 read with Section 34 of the Indian Penal Code, 1860, are before this Court seeking to quash the criminal proceedings in C.C. No. 13/2017, pending before the Senior Civil Judge and JMFC, Badami. 2. The second respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, stating that she is the owner of the subject land under a relinquishment deed, and following that, her name was entered in the revenue records. It is alleged that Accused No. 1, in connivance with Accused No. 2, by impersonating Respondent No. 2, executed a mortgage deed in favor of KSS Bank and secured a loan against the subject property. The fraudulent document came to the complainant’s notice after she observed a mutation entry in favor of the Bank. The learned Magistrate referred the matter to the Police for investigation under Section 154 Cr.P.C. The Police, after completing their investigation, - 3 - NC: 2025:KHC-D:3456 CRL.P No. 103126 of 2024 submitted a charge sheet before the Trial Court, and the Trial Court, upon taking cognizance, issued summons to the petitioners. 3. The petitioners and the complainant, appearing in person, are present before the Court and have filed a Joint Memo dated 20.02.2025, stating that the complaint was filed without the complainant’s knowledge and that she has agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned proceedings. The Joint Memo is placed on record. 4. Although the offences alleged are cognizable and non- compoundable, given that the parties have amicably resolved the dispute among themselves, subjecting the petitioners to further trial would be futile. The probability of convicting the petitioners is remote and bleak in view of the settlement, particularly since the complainant, in her cross-examination, has categorically stated that the complaint was filed without her knowledge. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.13/2017 pending on the file of the Senior Civil Judge and JMFC, Badami, insofar as it relates to petitioners/accused Nos.1 to 3, is hereby quashed. - 4 - NC: 2025:KHC-D:3456 CRL.P No. 103126 of 2024 Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 12