Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36110 CRL.P No. 1879 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1879 OF 2024
BETWEEN:
1.
SRINIVAS G @ G SRINIVAS S/O S GOVINDARAJ, AGED ABOUT 50 YEARS, (ADDRESS AS FIR);
AT NO.37, OLD BYAPPANAHALLI, OPP. RUNNING, ROOM M.S.NAGAR P.O, BENGALURU-560033.
(ADDRESS AS PER AADHAR) R/AT NO.26, HUTCHINS ROAD, ST. THOMAS TOWN, BENGALURU-560084.
(ADDRESS AS PER CHARGE SHEET) NO.37, OLD BYAPPANAHALLI, OPPOSITE RUNNING ROOM, M S NAGAR P.O., BENGALURU-560033.
2.
ROBINSON A @ ARULDAS ROBINSON S/O ARULDAS J A, AGED ABOUT 49 YEARS, R/AT NO.30, 2ND MAIN, 6TH CROSS, MUNIKALLAPPA GARDEN, R S PALYA, MARUTHI SEVANAGAR, BENGALURU-560033.
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36110 CRL.P No. 1879 of 2024
3.
SHOBHA ROBINSON W/O A ROBINSON, AGED ABOUT 48 YEARS, R/AT NO.30, 2ND MAIN, 6TH CROSS, MUNIKALLAPPA GARDEN, KAMMANAHALLI MAIN ROAD, R.S.PALYA, MARUTHI SEVANAGAR, BENGALURU-560033.
ADDRESS OF SL NOS. 2 AND 3, AS PER CHARGE SHEET, R/AT NO.30, 2ND MAIN, 6TH CROSS, MUNIKALLAPPA GARDEN, KAMMANHALLI MAIN ROAD, R.S.PALYA, MARUTHI SEVANAGAR BENGALURU-560033. …PETITIONERS (BY SRI. B.L.TEJAS, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ASHOKNAGAR POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT BUILDING, BENGALURU-560001.
2.
M/S DON BOSCO KURIES PVT LTD.
ALSO HAVING OFFICE AT, NO.38/1, RICHMOND ROAD, BENGALURU-560025.
SRI. K. O JOHN, MANAGING DIRECTOR. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. SIJI MALAYIL, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.6509/2018 FOR THE OFFENCE P/US/ 406 AND 420 OF IPC, WHICH IS NOW PENDING ON THE FILE OF III ADDL.C.M.M., BENGALURU.
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HC-KAR NC: 2025:KHC:36110 CRL.P No. 1879 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in C.C.No.6509/2018 for the offences punishable under Sections 406 and 420 of IPC.
2. Today, the petitioners have filed an application under Section 320 of the Code of Criminal Procedure, 1973, accompanied by a joint affidavit executed between the parties. In the said affidavit, it is stated that the entire dispute between the petitioners and the second respondent/complainant has been amicably settled. It is further affirmed that the complainant has received the amount that was legally due to him from the petitioners and, in view of such settlement, he no longer wishes to prosecute the proceedings pending before the trial Court. A request is, therefore, made to this Court to quash the criminal proceedings in exercise of its powers under Section 482 Cr.P.C.
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HC-KAR NC: 2025:KHC:36110 CRL.P No. 1879 of 2024
3. When the matter was taken up, the second respondent/complainant, who is present before this Court, was queried regarding the settlement. He has categorically acknowledged the terms of the settlement and has also confirmed the receipt of the agreed amount from the petitioners. He has further submitted that, in view of the settlement and payment, he has no subsisting grievance against the petitioners and does not desire to pursue the prosecution any further.
4. Having regard to the above circumstances and in view of the fact that the offences alleged against the petitioners are compoundable in nature, and the dispute essentially arises out of a civil transaction, this Court is of the considered opinion that allowing the proceedings to continue would serve no useful purpose. The settlement arrived at between the parties is genuine and voluntary, and no element of coercion or undue influence is brought to the notice of this Court. Therefore, to give quietus to the dispute and to prevent the abuse of the process of
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HC-KAR NC: 2025:KHC:36110 CRL.P No. 1879 of 2024
law, this Court deems it just and appropriate to quash the criminal proceedings.
5. Accordingly, this Court proceeds to pass the following:
ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C. No.6509/2018 on the file of the learned III Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 406 and 420 of the Indian Penal Code, in so far as the petitioners are concerned, are hereby quashed, in view of the settlement between the parties.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 4 Sl No.: 1