- 1 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.7349 OF 2025 BETWEEN: 1. MR. PRATHAP BHANDARY S/O SHANKARA BHANDARY AGED ABOUT 42 YEARS R/AT NO.4-192/2, PRADEEP NILAYA VERAME PADAVU, MUDUPERAR MANGALURU D.K. DISTRICT-574 151 2. MS. BHARATHI @ GAYATHRI D/O DODDAYYA AGED ABOUT 37 YEARS R/AT NO.3-226-C, 3RD BLOCK KATIPALLA, MANGALURU DAKSHINA KANNADA DIST.-575 030 3. MR. BHUVAN S/O RAGHAVA AGED ABOUT 35 YEARS R/AT ATHYADI KALTHADKA AJJAVARA POST, SULLYA TALUK DAKSHINA KANNADA DIST.-575 030 4. GANESH D. HEJAMADI S/O DEVAYYA BANGERA AGED ABOUT 43 YEARS R/AT HOUSE NO.5-105 (A1) NEAR KANCHANA ICE PLANT HEJAMADI, UDUPI DIST.-574 103 …PETITIONERS (BY SRI. S.RAJASHEKAR., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 AND: 1. THE STATE OF KARNATAKA BY CEN CRIME POLICE STATION MANGALURU CITY REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. SUDHAKARA S POONJA S/O SEETHARAMA POONJA AGED ABOUT 58 YEARS R/AT 2-109A-17, JANANI DURGANAGAR, HOSABETTU MANGALURU DAKSHINA KANNADA DIST.-574 227 …RESPONDENTS (BY SRI.RAHUL RAI., HCGP FOR R1 SRI. P.P.HEGDE., SR. COUNSEL FOR SRI. GANAPATHI BHAT FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE REGISTRATION OF FIR IN CR.NO.9/2025 REGISTERED BY THE CEN CRIME POLICE STATION, MANGALURU CITY PENDING ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ACJM, MANGALURU CITY REGISTERED FOR THE OFFENCE P/U/S 316(2), 316(3), 316(4), 316(5), 318(2), 318(3), 323, 336(2), 336(3), 336(4), 340(2), 344 R/W 3(5) OF BNS, 2023 AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners have questioned the registration of FIR in Crime No.9/2025 of CEN Crime Police Station, Mangalore City for the offence punishable under Sections 316(2), 316(3), 316(4), 316(5), 318(2), 318(3), 323, 336(2), 336(3), 336(4), 340(2), and 344 r/w Section 3(5) of BNS. 2. Respondent No.2 is the de-facto complainant, who set the law in motion. Based on his complaint, case was registered against accused No.1 to 5. 3. The gist of the complaint is that a partnership firm in the name and style "RMX Concrete India" was established in the year 2015. Accused No.1 was appointed as a working partner. It is alleged, although he did not contribute any capital investment, he was granted with 20% share in the partnership and he was entrusted with complete authority over the management of accounts, procurement of raw materials etc. He was remunerated - 4 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 with a monthly salary of Rs.50,000/- subject to a 10% annual increment in addition to his 20% share of profit. He was designated as the primary signatory for all bank related matters and also provided with sim cards for business communications. However, he misused the said position and caused loss to the tune of Rs.1,74,38,371/- to the partnership firm along with other accused, who were appointed as employees. 4. An application is filed under Section 359 r/w Section 528 of the BNSS 2023, seeking permission to compound the offence. The application is supported by an affidavit and the joint memo signed by the parties. 5. The application is accompanied with a Memorandum of Understanding entered between respondent No.2 and petitioner No.1 and other partners of the partnership firm. Paragraph (f) of the Memorandum of Understanding is extracted hereunder; - 5 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 "(f) That the complaint filed by no.2 amongst the first party is on misconception of the facts and in view of settlement and compromise the no.2 amongst the first party shall withdraw the complaint filed by him as per crime no.9/2025 on the file of Mangalore CEN PS or they shall co-operate for closure of the aforesaid complaint before the Honourable High court of Karnataka wherein which the Criminal Petition No.7349/2025 is pending or else the second party herein shall have liberty to produce this agreement/memorandum of understanding before the Honourable High court and to report settlement." | 6. Petitioner No.1 is present through Video Conference. Respondent No.2 is physically present. They are identified by their learned counsel. Respondent No.2/de-facto complainant submits that the matter has been settled and Memorandum of Understanding has been entered into between him and petitioner No.1 and others, hence, he has no objection to close the proceedings. 7. Having regard to the facts of the case, this Court is of the considered opinion that the dispute is purely private in nature, wherein the 2nd respondent/de- - 6 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 facto complainant has settled the matter with the petitioners. He has expressed no objection to close the proceedings. 8. The Hon'ble Apex Court in Narinder Singh and Others .v. State of Punjab and another,, reported in (2014) 6 SCC 466, has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be (1) to secure ends of justice, (2) to prevent abuse of the process of any court. Further, the criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transactions or matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes amongst themselves. 9. In light of the above, it is just and proper to quash the entire proceedings pending against the - 7 - HC-KAR NC: 2025:KHC:51238 CRL.P No. 7349 of 2025 petitioners before the trial court, to bring a quietus to the dispute. Accordingly, the following; ORDER (i) The petition is allowed. (ii) The entire investigation/proceedings arising out of Crime No.9/2025 registered at CEN Crime P.S., Mangalore City, pending before II Addl. Senior Civil Judge and CJM, Mangalore city, are quashed. I.A.No.2/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY