- 1 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2718 OF 2025 C/W) CRIMINAL PETITION NO. 12509 OF 2025 IN CRL.P No. 2718/2025 BETWEEN: 1. ANIL KUMAR @ GOVINDA S/O. N. SEENAPPA, AGED ABOUT 37 YEARS, RESIDING AT 6TH CROSS, KARANJIKATTE, KOLAR - 563 101. 2. C. S. RAVI KUMAR @ CHINNI S/O. SEENAPPA, AGED ABOUT 35 YEARS, RESIDING AT 6TH CROSS, KARANJIKATTE, KOLAR - 563 101. 3. AMBRISH BABU. S. K. S/O. KRISHNAPPA, AGED ABOUT 39 YEARS, RESIDING AT KADRIPURA VILLAGE, KASABA HOBLI, KOLAR - 563 101. 4. MOHAN @ SHAM S/O. APPANNA, AGED ABOUT 38 YEARS, RESIDING AT VINOBA NAGAR, KOLAR - 563 101. …PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 AND: 1. THE STATE OF KARNATAKA BY KOLAR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. VENKATESH. M. S. S/O G. SHIVAJI, AGED ABOUT 38 YEARS, RESIDING AT 4TH CROSS, 1ST MAIN, MUNESHWARA NAGAR, KOLAR - 563 101. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. GAURAV SUBRAMANYAM, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 14.01.2025 IN CR.NO.0006/2025 OF KOLAR TOWN PS FOR THE OFFENCES P/U/S 115(2), 18992), 190, 191(2), 351(2), 352, 74 OF THE BNS, 2023 WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, KOLAR. IN CRL.P NO. 12509/2025 BETWEEN: 1. RUBEN S/O.KUMAR, AGED ABOUT 26 YEARS, RESIDING AT NO.45, AMBEDKAR ROAD, GANGAMMA PALYA, BANGARPET, BNGARPET, KOLAR, KARNATAK - 563 114. - 3 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 2. RAGHU S/O LAKSHMAIAH, AGED ABOUT 28 YEARS, RESIDING AT KOLAR MAIN ROAD, SANJAY GANDHI NAGAR, BANGARPET, KOLAR - 563 114. 3. HARIKRISHNA.Y.M S/O MUNIYAPPA, AGED ABOUT 27 YEARS, RESIDING AT YELABURGI, KARAHALLI POST, BANGARPET, KOLAR DISTRICT, KARNATAKA - 563 162. 4. BALAJI.S S/O SUNDAR, AGED ABOUT 28 YEARS, KERE KODI, KARAHALLI, KOLAR, KARNATAKA - 563 162. 5. Y.V.ARUN KUMAR S/O VENKATESH, AGED ABOUT 27 YEARS, R/A NO.27, YELABURGI, KARAHALLI POST, BANGARPET, KOLAR DISTRICT, KARNATAKA - 563 162. 6. ARVIND K S/O KESHAVAN, AGED ABOUT 25 YEARS, R/A NO. 3495/2 BLOCK.NO.2, SAIT COMPOUND, BANGARPET, KOLAR, KARNATAKA - 563 114. - 4 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 7. SANJAY @ CHINTU S/O VIJAY KUMAR, AGED ABOUT 23 YEARS, R/A SET COMPOUND, BANGAPET, KOLAR - 563 114. ...PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOLAR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. VENKATESH M.S AGED ABOUT 38 YEARS, RESIDING AT 4TH CROSS, 1ST MAIN, MUNESHWARA NAGAR, KOLAR - 563 101. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. GAURAV SUBRAMANYAM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C. PRAYING TO QUASH FIR DATED 14.01.2025 IN CR.NO.6/2025 OF KOLAR TOWN POLICE STATION FOR THE OFFENCE P/US/ 115(2), 189(2), 190, 191(2), 351(2), 352, 74 OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM COURT KOLAR. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Today the petitioners/accused in both the petitions are present before this Court. Respondent No.2/defacto complainant is also present before this Court. 2. A joint memo has been filed, wherein respondent No.2/the defacto complainant, submits that the parties have amicably resolved their dispute with the intervention of well-wishers. In view of the compromise, respondent No.2 has categorically stated that he does not wish to prosecute the matter any further and has agreed to withdraw all the allegations levelled against the petitioners. On being specifically queried by this Court, respondent No.2 acknowledged the settlement and reiterated his intention to withdraw all the allegations made against the petitioners. - 6 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 3. The records placed on file also reveal that one N. Seenappa, who is the father of the first petitioner in Crl.P. No. 2718/2025, has been declared by the competent Civil Court to be the absolute owner in lawful possession of Item Nos. 3 and 4 of the suit schedule properties, and an order of permanent injunction was granted against the father of respondent No.2/complainant. This decree was subsequently affirmed by the appellate court in R.A. No. 134/2015. It is further brought to the notice of this Court that the second appeal preferred by the father of respondent No.2/complainant in R.S.A. No. 628/2016 came to be dismissed as abated. 4. Having regard to these material circumstances, it is evident that the underlying dispute between the parties is essentially civil in nature. Nevertheless, a criminal prosecution was set in - 7 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 motion at the instance of respondent No.2, culminating in registration of the present crime. Now that the matter is still at the investigation stage, and in view of the fact that the complainant has voluntarily agreed to withdraw all allegations, coupled with the fact that the civil Court has already declared the father of the first petitioner to be the absolute owner of the disputed items and that the second appeal in R.S.A. No. 628/2016 has been dismissed as abated, this Court is of the considered opinion that continuation of the criminal proceedings would amount to abuse of process. Though the offence alleged under Section 74 of the Bharatiya Nyaya Sanhita, 2023 is non- compoundable, this Court, in exercise of its inherent jurisdiction, deems it just and proper to quash the proceedings in order to secure the ends of justice. Accordingly, the joint memo is placed on record. - 8 - HC-KAR NC: 2025:KHC:33929 CRL.P No. 2718 of 2025 C/W CRL.P No. 12509 of 2025 5. In the result, the petitions stand allowed. The proceedings in Crime No. 0006/2025 registered by Kolar Town Police Station and presently pending on the file of the Principal Civil Judge (Sr. Dn.) & CJM Court, Kolar, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 68