Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31710 CRL.P No. 11883 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11883 OF 2025 BETWEEN:
SRI. VIJAYAKUMAR @ VIJAYKUMARSWAMI BALAGANURMATH C/O. BASAYYA BALAGANURMATH AGED ABOUT 34 YEARS R/AT FLAT NO.202, 2/F, TULASI ENCLAVE, 3RD CROSS, AREHALLI, UTTARAHALLI, BANGALORE - 560 061. …PETITIONER (BY SRI. KARAN KHIVESRA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY KEMPAPURA AGRAHARA POLICE STATION, REP. BY SPL. PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.
SMT. Y. RENUKA W/O. C. SIDDARAJU AGED ABOUT 42 YEARS, NO.283, 11TH CROSS, TELECOM LAYOUT, BANGALORE CITY - 560 023 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. DEEKSHITH Y.R, ADVOCATE FOR R2)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31710 CRL.P No. 11883 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT, FIR AND CHARGE SHEET (ANNEXURE-D) AND CRIMINAL PROCEEDINGS IN CC NO.10071/2023 ON THE FILE OF THE XXX ADDL.CJM AT BENGALURU NOW PENDING BEFORE THE XXIV ACJM AT BENGALURU CITY OF THE RESPONDENT NO.1-K P AGRAHARA P.S, BENGALURU FOR THE O/P/U/S 506, 34, 504 AND 420 OF IPC, 1860 AND ALLOW THIS CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed by accused No.1 seeking to quash the proceedings in C.C.No.10071/2023, pending on the file of XXIV Addl. Chief Judicial Magistrate, Bengaluru, for the offence punishable under Sections 506, 34, 504 & 420 of IPC.
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HC-KAR NC: 2025:KHC:31710 CRL.P No. 11883 of 2025
2. The gist of the complaint lodged by the second respondent is that the petitioner/accused No.1 had introduced accused No.2, a Civil Contractor, to the second respondent, as she intended to carry out construction of a residential house. The grievance, as reflected in the complaint, is that accused No.2 allegedly failed to complete the construction despite having received a sum of Rs.38,00,000/-, which led to registration of the crime and subsequent filing of the charge sheet. The complaint, as originally lodged, included allegations against both accused No.1 and accused No.2.
3. Today, an affidavit has been filed by the second respondent/complainant, wherein she admits that the petitioner/accused No.1’s role was limited to merely introducing the complainant to accused No.2. She further submits that having understood that the allegations are maintainable only against accused No.2, she has entered into a compromise with petitioner/accused No.1 and is
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HC-KAR NC: 2025:KHC:31710 CRL.P No. 11883 of 2025
willing to withdraw the complaint insofar as the petitioner/accused No.1 is concerned.
4. The affidavit tendered by the petitioner/accused No.1 is taken on record. In light of the settlement reached between the parties and the withdrawal of allegations, this Court is of the view that no useful purpose would be served in allowing the proceedings to continue against the petitioner/accused No.1. Even upon perusal of the material on record, it is evident that, even assuming the allegations in the complaint to be accepted in their entirety, no case is made out against the petitioner/accused No.1. Therefore, in view of the withdrawal of allegations by the complainant, the continuation of proceedings would serve no legal or public interest.
5. In light of the foregoing, the proceedings pending in C.C.No.10071/2023 require to be quashed, insofar as they relate to the petitioner/accused No.1. Accordingly, this Court proceeds to pass the following:
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HC-KAR NC: 2025:KHC:31710 CRL.P No. 11883 of 2025
ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.10071/2023, pending on the file of the XXIV Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 506, 34, 504, and 420 of the Indian Penal Code, 1860, are hereby quashed, insofar as the petitioner/accused No.1 is concerned.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
YN. List No.: 2 Sl No.: 137 CT: BHK