Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43808 CRL.P No. 12684 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12684 OF 2025
BETWEEN:
SRI. M. SRINIVAS S/O LATE Y.V. MUNIPAPEGOWDA, AGED 72 YEARS, OCCUPATION: BUSINESS, OLD ADDRESS- NO.969, PUNARVASU, 5TH C CROSS, IIM-B CROSS, VIJAYA BANK LAYOUT, BILLEKAHALLI, B.G. ROAD, BANGALORE-560 076.
NOW R/O CHAKENAHALLI, YADIYURU POST, YADIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT PIN-572 142. …PETITIONER
(BY SRI. CHETAN JADHAV, ADVOCATE (P/H))
AND:
1.
STATE OF KARNATAKA REPRESENTED BY MICO LAYOUT PS, BANGALORE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001,
2.
A. NAVEEN BHANDARY S/O LATE LAKKAPPA BHANDARY A.,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:43808 CRL.P No. 12684 of 2025
AGED ABOUT 73 YEARS, OCC: BUSINESS, R/O NO.SA-23, VIJAYA ENCLAVE, MSRS NAGAR, BILEKAHALLI, B.G.ROAD, BANGALORE-560 076. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);
SRI. SRINIVAS B.N., ADVOCATE FOR R2 (P/H))
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR THE RELEVANT RECORDS;
(B) ALLOW THIS PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.30062/2018 PENDING ON THE FILE OF CJM, BENGALURU CITY FOR THE OFFENCE PUNISHABLE U/S 420 IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Petitioner/sole accused is seeking to quash the entire proceedings in C.C.No.30062/2018 pending on the file of the Court of CJM, Bengaluru City. 2. FIR is registered on the basis of a complaint lodged by respondent No.2 for the offence punishable under Section 406 of IPC, in Crime No.1072/2025 of MICO Layout Police Station, Benglauru City. - 3 -
HC-KAR NC: 2025:KHC:43808 CRL.P No. 12684 of 2025
3. The Police have filed chargesheet for the offence punishable under Section 420 of IPC. 4. Petitioner as well as respondent No.2 are present before the Court. They are identified by their respective learned counsels appearing for them. 5. A joint memo is filed signed by the petitioner and respondent No.2 as well as the learned counsel appearing for them. 6. It is submitted that the parties have entered into a settlement in the terms agreed in the joint memo and respondent No.2/defacto complainant has settled the matter between the petitioner and he has no objection to quash the proceedings. 7. Para 5(a) to (d) of the joint memo are extracted here under:
“a) The outstanding amount payable by the petitioner to the Respondent No.2 in the above case, has to be paid by the Petitioner to the Respondent No.2 by way of giving One
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HC-KAR NC: 2025:KHC:43808 CRL.P No. 12684 of 2025
villa plot, measuring 5425 Sq ft, which are under progress of formation of layout in Sy. No. 34, 35 & 37, situated at Chakenahalli village, Kunigal Taluk, Tumkur district, soon after the formation of the layout. And the above said plot will be formed in the 9 acres of land in the front portion. b) The respondent no.2 in view of the settlement has to withdraw all the claims against the petitioner in CC No.30062/2018 pending before the Chief judicial Magistrate, Bengaluru City. c) The above said Lands in Sy.No. 34, 35 & 37 are under the attachment for satisfaction of the claims against the Shreyas Investment & Finance Pvt Ltd and Shreyas Hind Chit Pvt Ltd, before the Competent Authority appointed by the Govt of Karnataka as per Sec 5(1) of the K.P.I.D Act 2005 and under the supervision of K.P.I.D Spl Court.
Since the claim belongs to the company, all the books of account including the claims of these cases are available on the records of the Competent Authority. The possession of the plot as mentioned above (clause-a), will be handed over to the respondent no.2 once the KPID attachment of the land is cleared. - 5 -
HC-KAR NC: 2025:KHC:43808 CRL.P No. 12684 of 2025
d) The compromise is voluntary and lawful and hence by way of this compromise the Respondent No.2 will be fairly compensated.”
8. The dispute is purely private in nature. The parties have settled the dispute and filed a joint memo. Respondent No.2 submitted that in view of the settlement, he has no objection to quash the proceedings. The parties have sought to permit them to compound the offence. 9. In view of the above, the following:
ORDER Petition is allowed. The entire proceedings in C.C.No.30062/2018 pending on the file of the Court of CJM, Bengaluru City for the offence punishable under Section 420 of IPC are hereby quashed. I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 47