- 1 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11929 OF 2024 C/W CRIMINAL PETITION NO. 10052 OF 2023 IN CRL.P No. 11929/2024 BETWEEN: 1. SMT ANASUYAMMA S/O LATE SUNDARARAMA REDDY, AGED ABOUT 66 YEARS, R/AT NO. 61, SOUTH END ROAD, BASAVANAGUDI, BENGALURU 560004. 2. SRI RAGHUPATHI REDDY S/O RAMASWAMY REDDY, AGED ABOUT 54 YEARS, R/AT NO. 61, SOUTH END ROAD, BASAVANGUDI, BENGALURU - 560004. 3. SMT CHANDRAKALA REDDY W/O RAGHUPATHI REDDY, AGED ABOUT 46 YEARS, R/AT NO. 61, SOUTH END ROAD, BASAVANAGUDI, BENGALURU - 560004. …PETITIONERS (BY SRI. DILIP KUMAR I S., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 AND: 1. STATE OF KARNATAKA BASAVANAGUDI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. DR MANJUNATH REDDY S/O LATE SUNDARARAMA REDDY, AGED 52 YEARS, RESIDING AT NO. 207, 2ND FLOOR, BINDIYA RESIDENCY, 24TH MAIN, 6TH FACE, J P NAGAR, BENGALURU - 560078. …RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1 SRI AJITH KALYAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER TAKING COGNIZANCE DATED 19.03.2019 PRODUCED AT ANNEXURE-A, CONSEQUENTLY QUASHING THE ENTIRE PROCEEDINGS IN CC NO.6701/2019 PENDING ON THE FILE OF IV ADDL. C.J.M., BENGALURU ARISING OUT OF CRIME NO.211/2018 OF BASAVANAGUDI PS, AS FAR AS THE PETITIONER NO.1 AND 2 ARE CONCERNED FOR THE OFFENCES P/U/S 406, 418, 419, 420, 465, 468, 471 AND 120B R/W 34 OF IPC AND ETC., IN CRL.P NO. 10052/2023 BETWEEN: 1. MANJUNATHA REDDY AGED ABOUT 50 YEARS, S/O LATE SUNDARA RAMA REDDY R/A NO.207, 2ND FLOOR, BINDIYA RESIDENCY, 24TH MAIN, 6TH PHASE, - 3 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 J.P.NAGAR, BENGALURU - 560078 2. N. DEVENDRA SWAMY, AGED ABOUT 49 YEARS, S/O LATE NARASIMHAIAH, R/AT NO. 1116, 17TH MAIN, 30TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU - 560070. 3. M. RAGHAVENDRA PRASANNA AGED ABOUT 48 YEARS S/O RAMU R/AT NO.45, 24TH MAIN, 1ST PHASE, BTM LAYOUT, BENGALURU - 560076. ...PETITIONERS (BY SRI. MAHESH Y L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI P.S. REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SRI RAGHUPATHI REDDY AGED ABOUT 45 YEARS, S/O RAMASWAMY REDDY, R/AT NO.115, 3RD CROSS, NEAR SRI SAI RAM PG, OUTER RING ROAD, MAHADEVAPURA, BENGALURU - 560048. ...RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1 SRI DILIP KUMAR.I.S., ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT POLICE I.E., BASAVANAGUDI POLICE STATION IN CRIME NO.49/2021 DATED 02.03.2021 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 441, 442, 443, 445, 380, 417, 420, 395, 506 R/W 34 OF IPC PENDING ON THE FILE FO XXXVII ADDL.C.M.M., BENGALURU AND CONSEQUENTLY TO QUASH THE COMPLAINT FILED IN P.C.R NO.55254/2019 AND ETC., THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In Criminal Petition No.11929/2024 This petition is filed by the mother, sister and brother-in- law of respondent No.2/complainant seeking quashing of the proceedings pending in C.C.No.6701/2019 pending on the file of IV ACJM Court, Bengaluru. 2. Today, an application has been filed under Section 320(8) read with Section 482 of the Code of Criminal Procedure, accompanied by an affidavit and a compromise petition in O.S.No.6167/2018. 3. Pursuant to the compromise, the parties have voluntarily effected partition, and the properties have been - 5 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 allotted to the respective family members in terms of the compromise decree. The same is reflected in the decree passed in O.S.No.6167/2018. In view of the amicable settlement in the said suit, the complainant, who is present before this Court, has expressed willingness to withdraw all allegations and to bring an end to the criminal prosecution, there being a comprehensive settlement recorded before the competent Civil Court. 4. Although the complaint alleged offences under Sections 419, 420, 465, 468, 471 and 120B of the IPC, this Court is of the opinion that the dispute was essentially civil in nature and was given a criminal colour at the instance of respondent No.2, who happens to be the son of petitioner No.1. Since the civil dispute has already been resolved by way of a compromise decree and the complainant has withdrawn all allegations, this Court finds it appropriate to quash the proceedings to prevent abuse of process of law. In Criminal Petition No.10052/2023 5. This petition is filed by the brother-in-law of respondent No.2/complainant, seeking quashing of the - 6 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 proceedings in C.C.No.33756/2022 pending before the Court of the 37th ACMM, Bengaluru. 6. Today, an application under Section 320(8) read with Section 482 of Cr.P.C, supported by an affidavit, has been filed. 7. The complainant, who is the brother-in-law of the petitioner, has submitted that the dispute has been amicably settled in a civil suit, culminating in a compromise decree. 8. This Court is of the view that the controversy, though couched as allegations of criminal trespass and theft of documents relating to joint family property, is essentially civil in nature. As the partition suit has already been compromised and a decree drawn, it would be just and proper to quash the criminal proceedings to avoid abuse of process of law. 9. Accordingly, the following order is passed: ORDER i) Both the petitions are allowed. - 7 - HC-KAR NC: 2025:KHC:35788 CRL.P No. 11929 of 2024 C/W CRL.P No. 10052 of 2023 ii) The proceedings in C.C.No.6701/2019, arising out of Crime No.211/2018, pending before the IV ACJM, Bengaluru, are hereby quashed. iii) The proceedings in C.C.No.33756/2022, arising out of Crime No.49/2021, pending before the 37th ACMM, Bengaluru, are also hereby quashed. All pending interlocutory applications, if any, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VM List No.: 2 Sl No.: 63