- 1 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 63 OF 2025 BETWEEN: 1. GANESH RAIKAR, S/O HANUMANTH, 38 YRS, AYESHA GANESH RAIKAR W/O. GANESH RAIKAR (34 YRS) HOUSE NO-45, 1ST FLOOR, KUDLUE ROAD, BENGALURU CITY, KARNATAKA-560 068 ALSO IN PERMANENT ADDRESS AT: CHIKKA BIDDAPPA LAYOUT, 1ST CROSS, WARD NO.190, GARVABHAVI PALYA, BENGALURU SOUTH, BENGLAURU-560078. …PETITIONER (BY SMT. ASMA PASHA, ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA BY BY BANDEPALYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 NEELAVANI W/O. PRAKASH 37 YRS NO. 56, 5TH CROSS, KRISHNAPPA COMPOUND, MANGAMMANAPALYA, BOMMANAHALLI, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 BANGALORE-560068 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. S.A. SUDHINDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET VIDE NO.120/2024 DATED 28.06.2024 AND ALSO PROCEEDINGS IN CC NO.24287/2024 ON THE FILE OF THE IX-ADDL. CMM COURT AT BENGALURU FOR THE OFFENCE P/U/S 323, 354, 504, 506 R/W. 34 OF IPC AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition arise out of FIR registered in Crime No.120/2024 at Bandepalya Police Station, Bengaluru City, for the offence Punishable under Section 323, 354, 504, 506 read with Section 511 of IPC. 2. Charge sheet is filed against the petitioners. The case is pending in C.C.No.24287/2024 on the file of the learned IX Additional CJM Court at Bengaluru. 3. Petitioners are seeking to quash the charge sheet and proceedings initiated against them. - 3 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 4. Petitioners are said to be the tenants of respondent No.2 / defacto complainant. In respect of an incident allegedly took place on 20.04.2024, at about 08:35 – 08:55 p.m., the complaint came to be lodged. From the averments in the complaint, it can be gathered that the dispute is private in nature. Parties are willing to settle the dispute. A joint memo is filed reporting settlement, signed by the petitioners as well as respondent No.2 / defacto complainant. 5. Joint memo is placed on record. Contents of the joint memo are extracted hereunder:- "1. The petitioner has filed the above petition for quashing the charge sheet vide No. 120/2024 dated 28.06.2024 and also proceedings in CC no.24287/2024 on the file of the IX-ADDL. CMM court at Bengaluru for the offence p/u/s 323, 354, 504, 506 r/w. 34 of IPC against the petitioners. 2. The respondent submit that petitioner are the tenants under the respondent since 2022 and paying a rent of Rs.5500 per month. - 4 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 3. The respondent further submit that petitioner had filed a suit in O.S.No.7154/2023 for an Injunction not to dispose them with out due process of law. 4. The respondent herein being the landlord has filed an eviction suit pending before the Small Cause Court in SC 433/2025 which is pending for evidence of the petitioner. 5. The respondent further submit that after the intervention of the counsels of both the parties have agreed to put an end to this litigation. 6. The respondent herein is ready to pay an amount of Rs. 85.000 to the petitioners and the petitioner shall vacate the premises of the respondent on the day of the receipt of the DD amount of Rs.85.000 drawn on City Union Bank limited HSR layout branch 7. The Petitioner has under taken to vacate the premises on or before from the 27th of January 2026 by receiving Rs. 85,000/-respondent. 8. The respondent under takes to with draw the complaint and she does not intend to peruse the criminal case in CC No..24287/2024 on the file of the IX-ADDL. CMM court at Bengaluru for the offence - 5 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 p/u/s 323, 354, 504, 506 r/w. 34 of IPC against the petitioners. 9. The respondent reserved with the kind indulgence of this Hon'ble court to restore the CC no.24287/2024 on the file of the IX-ADDL. CMM court at Bengaluru for the offence p/u/s 323, 354, 504, 506 r/w. 34 of IPC against the petitioners if the petitioner acting detrimental by not vacating the rental premises. 10. The respondent shall undertake to pay Rs.85,000/- as agreed above on the receipt of vacant premises which shall be deposited before the Hon'ble City Civil court in O.S No.7154/2023. The petitioner shall handover the vacant premises and handover the house key before the trial court and the same may be recorded by the trial court and close the matter pending between them." 6. Parties are present before the Court. Respondent No.2 / defacto complainant submits that in terms of the joint memo, she has no objection to quash the proceedings. 7. The Hon'ble Apex Court in NARINDER SINGH AND OTHERS reported in (2014) 6 SCC 466 has held - 6 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 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 to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. Those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should be quashed when parties have resolved their entire dispute among themselves. 8. Since, the parties have amicably settled the dispute, no purpose will be served in keeping the proceedings pending against he petitioners. Therefore, the proceedings can be quashed, in the interest of justice. Accordingly, the following:- - 7 - HC-KAR NC: 2025:KHC:54105 CRL.P No. 63 of 2025 ORDER i) Petition is allowed. ii) The entire proceedings in C.C.No.24287/2024 on the file of the Court of IX Additional CMM Court, Bengaluru, pending against the petitioners are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 102