Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72729 (KAR)

SRI Y S YATHEESH CHANDRA v. THE STATE OF KARNATAKA

CRL.P/9057/2023 · 2025-08-06

J M Khazi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9057 OF 2023 (482(Cr.PC) / 528(BNSS)-) C/W CRIMINAL PETITION NO. 8461 OF 2023 CRIMINAL PETITION NO. 9177 OF 2023 IN CRL.P No. 9057/2023 BETWEEN: SRI Y S YATHEESH CHANDRA S/O SUBBEGOWDA R, AGED ABOUT 39 YEARS, R/O NO. 337, 8TH CROSS, LAKSHMIPURAM, BANGALORE - 560 019. …PETITIONER (BY SRI. SANTHOSH KUMAR M B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHIKARIPURA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 2. SMT. ARPITHA D.K D/O KOTRESHAPPA D, AGED ABOUT 27 YEARS, R/A T VINAYAKA NAGARA MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA - 577 427. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VARUN GOWDA., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.95/2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, REGISTERED BY THE RESPONDENT NO.1 SHIKARIPURA TOWN POLICE FOR THE OFFENCE P/U/S 306 AND 34 OF IPC VIDE ANNEXURE-A AND B WITH RESPECT TO THE PETITIONER, ACCUSED NO.8 IN CRL.P NO. 8461/2023 BETWEEN: SANDESHA M H S/O MARAYA C AGED ABOUT 39 YEARS, R/O 3RD MAIN, BIKASI PURA, ISRO LAYOUT, BENGALURU - 560 078. ...PETITIONER (BY SRI. SYED AKBAR PASHA., ADVOCATE) AND: 1. STATE OF KARNATAKA SHIKARIPURA TOWN POLICE SHIVAMOGGA DIST R/P BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. ARPITA D K D/O D KOTRESH - 3 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 AGED ABOUT 25 YEARS, R/O VINAYAKANAGARA MAIN ROAD, NEAR ANGANAWADI CHENNAKESHAVA NAGAR, SHIKARIPURA TOWN, SHIVAMOGGA DIST - 577 427 ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC SHIKARIPURA IN PCR NO.1/2023 DATED 13.01.2023 AND FURTHER PLEASE TO QUASH THE FIR NO.3/2023 REGISTERED BY THE SHIKARIPURA TOWN POLICE ON 18.01.2023, FOR THE OFFENCE P/U/S 120B, 384, 406, 417, 419, 420, 506, 34 OF IPC, SO FAR AS PETITIONER IS CONCERNED. IN CRL.P NO. 9177/2023 BETWEEN: 1. SRI DHRUVA KUMAR S/O M.B.NINGEGOWDA, AGED ABOUT 37 YEARS, NO 39, 2ND FLOOR, 3RD CROSS, RELIABLE SILVER OAK LAYOUT, DINNE ANJANAEYA SWAMY TEMPLE ROAD, HARALURU ROAD, BANGALORE-560 102. 2. SRI. SANDESH M.H S/O LATE MARAIAH C AGED ABOUT 36 YEARS, NO 39, 2ND FLOOR, 3RD CROSS, RELIABLE SILVER OAK LAYOUT, DINNE ANJANAEYA SWAMY - 4 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 TEMPLE ROAD, HARALURU ROAD, BANGALORE-560 102. ...PETITIONERS (BY SRI. D P MAHESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHIKARIPURA TOWN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. SMT. ARPITHA D.K D/O KOTRESHAPPA D AGED ABOUT 27 YEARS, R/AT VINAYAKA NAGARA MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA-577427. ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VARUN GOWDA., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.95/2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, REGISTERED BY THE RESPONDENT NO.2 POLICE (SHIRAKRIPURA TOWN POLICE) FOR THE OFFENCE P/U/S 306 AND 34 OF IPC AND CONSEQUENTIAL PROCEEDINGS VIDE ANNEXURE-A AND B. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 5 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 ORAL ORDER IN CRL.P.NO.9057/2023 & CRL.P.NO.9177/2023 Sri.Varun Gowda, learned counsel for respondent No.2 has filed separate memos on behalf of respondent No.2 stating that criminal proceedings are initiated by petitioners against respondent No.2 in C.C.No.32305/2021 on the file of XXIII ACMM, Bengaluru City. In the said proceedings respondent No.2 and petitioners have amicably settled the dispute by filing a joint memo dated 30.09.2024. In view of the same, respondent No.2 has no objection to quash the proceedings in Crl.P No.9057/2023 and Crl.P No.9177/2023. 2. In the light of the same, Crl.P No.9057/2023 and Crl.P No.9177/2023 are allowed. ORDER (i) Crl.P No.9057/2023 filed by the petitioner/accused No.8 and Crl.P No.9177/2023 filed by the - 6 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 petitioners/accused Nos.9 and 10 under Section 482 of Cr.P.C, are allowed. (ii) The FIR in Cr.No.95/2023 on the file of the Senior Civil Judge and J.M.F.C, Shikaripura is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. ORAL ORDER IN CRL.P NO.8461/2023 3. Learned counsel for the petitioner/accused No.2 submits that respondent No.2 filed the complaint in Crime No.3/2023 alleging the offences punishable under Sections 120-B, 384, 406, 417, 419, 420, 506 r/w 34 of IPC, based on which cheque bounce cases were filed by the petitioner who is the complainant in the said case. Since, the said two cases which are in respect of Crl.P No.9057/2023 and Crl.P No.9177/2023 are settled, this petition may also be allowed and the criminal proceedings may be quashed. - 7 - HC-KAR NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023 4. In the light of the above submissions and also the fact that Crl.P No.9057/2023 and Crl.P No.9177/2023 are allowed, this petition is also allowed. ORDER (i) The petition filed by petitioner/accused No.2 under Section 482 of Cr.P.C, is allowed. (ii) The FIR in Cr.No.03/2023 on the file of the Senior Civil Judge and J.M.F.C, Shikaripura is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 48