Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9085 CRL.P No. 784 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.784 OF 2025 BETWEEN:
REKHA SHANKAR AGED ABOUT 54 YEARS, W/O RAVI SHANKAR, NO.84/6, 8TH CROSS, WILSON GARDEN, BENGALURU-560027
…PETITIONER
(BY SRI VINAYA KEERTHY M, ADVOCATE) AND:
1. STATE OF KARNATAKA BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-560001
2. T VITTAL KUMAR AGED ABOUT 48 YEARS, S/O PARVATHA RAO T, SECRETARY, SMR EMBASSY APARTMENT
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:9085 CRL.P No. 784 of 2025
OWNERS WELFARE ASSOCIATION, FLAT NO.307, 3RD CROSS, RAMA RAO LAYOUT, KATRIGUPPE, BANASHANKARI III STAGE, BENGALURU- 560 085
…RESPONDENTS
(BY SMT. RASHMI PATEL, HGCP FOR R1;
SRI OMKARESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET IN C.C. NO. 22768/2022 FILED BY THE FIRST RESPONDENT - CHANNAMMANAKERE ACHUKATTU POLICE AGAINST THE PETITIONER HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420 R/W 34 IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This petition is filed by accused No.4 praying this Court to quash the proceedings initiated against her for the offences punishable under Sections 406 and 420 of IPC. - 3 -
HC-KAR NC: 2026:KHC:9085 CRL.P No. 784 of 2025
2. Earlier, this Court heard the matter in part. Now, the matter is compromised between the parties. To that effect, the parties have filed the joint memo stating that matter is compromised between them and payment will be made in terms of the compromise i.e., Rs.1,00,000/- (the same is already paid) and dates for payment is also fixed as on 06.03.2026 - Rs.3,00,000/-, on 06.04.2026 – Rs.3,00,000/- and on 02.05.2026 – Rs.3,00,000/-. The parties have also produced the resolution passed by SMR Embassy Apartment Owners' Welfare Association and also acknowledgement for having received the amount of Rs.1,00,000/-. 3. I.A.No.1/2026 is also filed under Section 320 of Cr.P.C. praying this Court to permit to compound the offences in terms of the joint memo and compromise and the same is supported by an affidavit. 4. Considered the application filed under Section 320 of Cr.P.C. and also the joint memo.
The dispute is
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HC-KAR NC: 2026:KHC:9085 CRL.P No. 784 of 2025
inter se between the private parties and not against the State. In the judgment of Apex Court reported in (2012) 10 SCC 303 in the case of GAIN SINGH vs STATE OF PUNJAB AND ANOTHER it is held that if dispute is between the private parties, the same can be compounded. Having taken note of the principles laid down in the judgment referred supra and the dispute is between the private parties, it is appropriate to quash the proceedings as sought. Accordingly, I.A.No.1/2026 is allowed and the proceedings initiated against the petitioner is quashed subject to payment as undertaken in the compromise. If payment is not made as agreed, the respondent/complainant is given liberty to proceed against the petitioner in accordance with law. Accordingly, the petition is disposed of. Sd/- (H.P.SANDESH) JUDGE
SN