Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37798 CRL.P No. 13031 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13031 OF 2024 BETWEEN:
1.
G KAMARAJ S/O R GOVINDARAJU, AGED ABOUT 57 YEARS, R/AT NO. 1220, 6TH CROSS, 17TH MAIN, MUNESHWARA BLOCK, MYSORE ROAD, BANGALORE - 560 025.
2. CHANDRU S/O SUBRAMANI, AGED ABOUT 56 YEARS, R/AT NO. 105, 6TH CROSS, MAGADI ROAD, BANGALORE NORTH, PIN - 560 023.
3.
SUBHASH SUBRAMANI S/O SUBRAMANI, AGED ABOUT 52 YEARS, R/AT SAGARAPET, SEMMANDAPATTI, OMALUR, SALEM, TAMIL NADU, PIN - 636 309.
4.
SEENIVASAN SUBRAMANI S/O SUBRAMANI, AGED ABOUT 52 YEARS, R/AT NO. 2/47 SINKARAPATTAI POST,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:37798 CRL.P No. 13031 of 2024
SEMMANDAPATTI, OMALUR, SALEM, TAMIL NADU, PIN - 636 309.
5. INDIRANI W/O RAJENDIRAN.
AGED ABOUT 54 YEARS, R/AT NO. 1-423, WARD - 1 CHINTHAMANIYUR, OLAIPATTI, SALEM, TAMIL NADU, PIN - 636 455.
…PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KENGERI POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001.
2.
SRI. SRINIVAS V S/O LATE M VENKATESHAPPA, AGED ABOUT 49 YEARS, RESIDING AT NO.30/1, JAY CHIRANJEEVI NILAYA, 1ST MAIN ROAD, BEHIND VEGETABLE MARKET, NETRAVATI LAYOUT, K R PURAM, BANGALORE PIN - 560 036. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1 SRI THEJAS S.N., ADVOCATE FOR R2)
- 3 -
HC-KAR NC: 2025:KHC:37798 CRL.P No. 13031 of 2024
CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN CR.NO.647/2024 IN C.C.NO.27574/2024 PENDING ON THE FILE OF VI A.C.J.M BENGALURU OF RESPONDENT NO.1 KENGERI P.S. PENDING ON THE FILE OF VI A.C.J.M BENGALURU FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER An application is filed under Section 320 read with section 482 of Cr.P.C.
2. The 2nd respondent/complainant is present before this Court.
3. The petitioners, who are arrayed as accused persons, have approached this Court seeking quashing of the entire proceedings in C.C.No.27574/2023 pending before the Court of the VI Additional Chief Judicial Magistrate, Bengaluru, wherein they are being prosecuted for the alleged offences punishable under Section 420 read with Section 34 of the Indian Penal Code.
4. It is brought to the notice of this Court that the respondent No.2/complainant had earlier instituted a civil
- 4 -
HC-KAR NC: 2025:KHC:37798 CRL.P No. 13031 of 2024
suit in O.S.No.56/2024 on the file of the XLI Additional City Civil and Sessions Judge, Bengaluru City (CCH-43). During the pendency of the said suit, the parties have amicably resolved their disputes and entered into a compromise. Pursuant thereto, respondent No.2 has executed a Deed of Cancellation in favour of the petitioners/accused thereby restoring the status of the disputed transaction.
5. In the light of the aforesaid settlement, the civil suit in O.S.No.56/2024 has been disposed of on the basis of a compromise decree. Respondent No.2, who is present before this Court, has categorically stated that in view of the compromise entered into between the parties, he has no subsisting grievance against the petitioners and therefore, he has no objection for quashing the criminal proceedings pending in C.C.No.27574/2023.
6. On a careful consideration of the submissions made and on perusal of the compromise recorded in O.S.No.56/2024, this Court is of the opinion that the dispute between the parties is essentially of a civil and private nature. Once the parties have chosen to settle their inter se disputes and respondent No.2 himself does not desire to pursue the criminal case, continuation of the proceedings would only amount to an abuse of the process
- 5 -
HC-KAR NC: 2025:KHC:37798 CRL.P No. 13031 of 2024
of law. Having regard to the fact that the offence alleged is compoundable and that the parties have already acted upon the terms of compromise, this Court is satisfied that this is a fit case to exercise the inherent jurisdiction under Section 482 of Cr.P.C. to secure the ends of justice.
7. Accordingly, the following:
ORDER The application filed by the petitioners under Section 320 of Cr.P.C. read with Section 482 of Cr.P.C. is hereby allowed. The parties are permitted to compound the offence. Consequently, the entire proceedings in C.C.No.27574/2023 on the file of the VI Additional Chief Judicial Magistrate, Bengaluru, stand quashed.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE
PSJ List No.: 1 Sl No.: 4