- 1 - HC-KAR NC: 2025:KHC:29348 CRL.P No. 7831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7831 OF 2025 BETWEEN: 1. VINOD KALUBHAI GABANI @ VINUBHAI AGED ABOUT 46 YEARS SON OFKALUBHAI HARIBHAI GABANI HAVING ADDRESS AT NO 613, SUMANS REST, DHABOLI SURAT, SURAT CITY, GUJARAT - 395004. 2. KESWANI AVNISH RAJESH @ AVNISHBHAI AGED ABOUT 25 YEARS SON OF RAJESH KESWANI, HAVING ITS ADDRESS AT NO C 704, KALPA VRUKSHAA GARDEN, BHATIA CHORASI, SURAT, GUJARAT 394510. …PETITIONERS (BY SRI. NANDISH DIWAKAR SHENVI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY UPPARPET POLICE STATION, GANDHINAGAR, BENGALURU - 560009 REP BY ITS INSPECTOR OF POLICE AND INVESTIGATING OFFICER Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29348 CRL.P No. 7831 of 2025 2. DHARMESH VISHABHAI AGED MAJOR, FATHERS NAME : UNKNOWN TO THE PETITIONERS HAVING ADDRESS AT NO 406, SHALINI APARTMENT, HARIBHAI VAGHAJI NI KHDKI, KATARGAM, SURAT, SURAT CITY, GUJARAT 395004 …RESPONDENTS (BY SRI. PARIKSHITH WARRIER, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET DTD 31.10.2024 AS FILED BY THE RESPONDENT NO.1 POLICE AGAINST THE PETITIONERS VIDE ANNEXURE-B IN CR.NO.213/2024 AND CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS IN CR.NO.213/2024, PENDING ON THE FILE OF THE HONBLE IV ACMM, BENGALRU AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed by the petitioners/accused seeking quashing of the proceedings in Crime No.0213/2024pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable - 3 - HC-KAR NC: 2025:KHC:29348 CRL.P No. 7831 of 2025 under Sections 303(2), 316(2), 318(4), and 61(2) of the Bharatiya Nyaya Sanhita, 2023. 2. During the pendency of this petition, a joint compromise petition has been filed by the petitioners/accused and the second respondent/complainant, recording a full and final settlement of the dispute. Upon specific query by this Court, the second respondent has acknowledged that the terms of settlement have been explained to him and that he has voluntarily consented to the compromise. He further confirms that he has received nine diamonds towards full and final settlement, valued at approximately Rs.40,00,000/- (Rupees Forty Lakhs only), and accordingly wishes to withdraw the complaint. 3. The joint compromise petition is taken on record. 4. This Court has carefully examined the terms and conditions of the settlement as stated in the joint affidavit of compromise. The same appears to be entered into voluntarily and without any coercion. The compensation paid by the petitioners in the form of nine diamonds has been duly - 4 - HC-KAR NC: 2025:KHC:29348 CRL.P No. 7831 of 2025 acknowledged by the complainant. In such circumstances, this Court, in exercise of its inherent jurisdiction under Section 482 of Cr.P.C., is of the view that permitting compounding of the offences would not defeat the ends of justice. 5. Importantly, the offences in question, though compoundable with leave of the Court, are private in nature and do not involve moral turpitude or affect public interest at large. The complainant, being the affected party, has received adequate compensation and has no objection to the quashing of proceedings. Hence, this Court is satisfied that no prejudice would be caused to the State or the public at large by allowing the parties to compound the offences. The continuation of proceedings, despite a genuine settlement, would only serve to prolong litigation unnecessarily and amount to an abuse of the process of law. 6. In light of the above, the joint compromise petition is accepted. Consequently, the proceedings in Crime No.0213/2024 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, are hereby quashed. - 5 - HC-KAR NC: 2025:KHC:29348 CRL.P No. 7831 of 2025 7. In view of the settlement arrived at between the parties, the petitioners/accused are at liberty to file an appropriate application before the jurisdictional court seeking return of their passport and diamonds, if seized. The second respondent – complainant has no objection to such an application being allowed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YKL List No.: 1 Sl No.: 98