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2026 DAILYLAW 11110 (KAR)

GEETHA N v. STATE OF KARNATAKA

CRL.P/16110/2025 · 2026-04-07

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16110 OF 2025 C/W WRIT PETITION NO. 27326 OF 2025 (GM-RES) IN CRL.P No. 16110/2025 BETWEEN: GEETHA N D/O NAGARAJ, AGED ABOUT 37 YEARS, R/AT 41, 1ST MAIN ROAD, 2ND CROSS, KALYANA NAGARA, MOODALAPALYA, BANGALORE NORTH, NAGARABHAVI, BANGALORE - 560 072. …PETITIONER (BY SRI. A V RAGHAVENDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGARA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. TEJASWINI K W/O VIVEK, AGED ABOUT 38 YEARS, RESIDING AT NO. 1988, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 1ST D MAIN ROAD, R.P.C LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE PIN - 560 040. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.137/2025 OF RESPONDENT NO.1 GOVINDARAJANAGARA P.S. BENGALURU FOR THE ALLEGED OFFENCE P/U/S 316(2), 318(4), 352, 351(2), 351(3) R/W 190 OF BNS AND SEC.9 OF KPID ACT PENDING ON THE FILE OF PRL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ETC., IN WP NO. 27326/2025 BETWEEN: 1. MR. PUNITH GOWDA @ PUNITH AGED ABOUT 26 YEARS S/O K. PRAKASH, R/AT NO.46, 9TH MAIN ROAD, SRINIVASANAGARA, VISHWANEEDAM POST, BENGALURU – 91. 2. SMT. VINUTHA A P W/O. HANUMANTHAIAH, AGED ABOUT 31 YEARS, R/AT SHUBHA VIJAYA EVENT SERVICE SAI BABA TEMPLE RAOD MUDALAPALYA BENGALURU CITY KARNATAKA – 560 072. ...PETITIONERS (BY SRI. RESHMA P, ADVOCATE) AND: - 3 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 1. STATE OF KARNATAKA GOVINDARAJA NAGAR POLICE STATION, BANGALORE. REPRESENTED BY ITS STATION HOUSE OFFICER, 2. SMT. TEJASHWINI K. C/O VIVEK, AGED ABOUT 38 YEARS, R/AT NO. 1988, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU – 560 040. ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR, COMPLAINT AND ALL THE PROCEEDINGS IN CRIME NO.137/2025 REGISTERED BY RESPONDENT NO. I POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 316(2) 318(4), 352, 351 (2), 351(3) 190 OF BNS, SECTION 9 OF THE KARNATAKA PROTECTION OF INTEREST DEPOSITORS EXORBITANT ACT. 2004 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners in both the petitions are accused Nos.4, 7 and 8 respectively, are before this Court calling in question registration of a crime in Crime No.137/2025, pending before - 4 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 the Principal City Civil and Sessions Judge, Bengaluru, for the offences under Sections 316(2), 318(4), 352, 351(2), 351(3) r/w. 190 of the BNS and Section 9 of the Karnataka Protection of Interest Depositors Exorbitant Act, 2004. 2. Learned counsel for the petitioners and respondent No.2 in both the petitions, in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions. The parties file joint memos with supporting joint affidavits before this Court seeking permission for compounding of the offences. 3. The joint memo filed in Crl.P.No.16110/2025 reads as follows: “2. The dispute between the Petitioners and Respondent No.2 arose out of financial transactions and misunderstandings. 3. Due to intervention of elders and well-wishers, the parties have amicably settled the matter. 4. The Respondent No.2 states that she has no objection for quashing the entire proceedings in respect of Accused No.8. 5. The compromise has been entered by the Petitioners and Respondent No.2 into the voluntarily without force, coercion or undue influence. - 5 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 6. The Continuation of proceedings would be an abuse of process of law as the dispute is purely personal and has been resolve. 7. The Respondent No.2/Defacto Complainant submits that she has received the entire agreed settlement amount towards full and final settlement in W.P No.27326/2025 and that she has no subsisting claim, grievance, demand or dispute of any nature whatsoever against Accused Nos.4 and 7 either present or future arising out of the subject matter of Crime No.0137/2025 and the respondent No.2 agreed to filing a report in respect of the Petitioner to defreeze the account which are freeze the bank account on the complaint of Respondent No.2. 8. The Respondent No.2 further submits that she has not filed any other complaint, private complaint, or initiated any civil or criminal proceedings against Accused 8 in any other Police Station or Court in respect of the same transaction or any other transactions. 9. The Respondent No.2 further states that she has not colluded with any third parties, relatives, associates, or other persons to initiate any proceedings against the petitioners in respect of the above transaction. 10. The compromise is voluntary and entered into above party without any coercion, threat or undue influence. 11. The Petitioner (Accused No. 8) and Respondent No.2/Complainant are the family friends and the Respondent No.2/Complainant has withdrawn all allegations made against each other unconditionally. Petitioner (Accused No. 8) and Respondent No.2 /Complainant have no claims whatsoever against each other. WHEREFORE, the Petitioner (Accused No. 8) Respondent No.2/Complainant most respectfully pray that this Hon'ble Court be pleased to accept their joint compromise memo and permit them to compound the offences mentioned - 6 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 against the Petitioner (Accused No. 8) and the Respondent No.2/Complainant in Crime No.137/2025 for the offence punishable under Sections 316(2), 318(4), 352, 351(2), 351(3), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 9 of the Karnataka Protection of Interest of Depositors Exorbitant Act 2004, pending on the file of learned IV Additional Chief Judicial Magistrate, at Bengaluru, in the ends of justice.” The joint memo filed in W.P.No.27326/2025 reads as follows: “2. The dispute between the Petitioners and Respondent No.2 arose out of financial transactions and misunderstandings. 3. Due to intervention of elders and well-wishers, the parties have amicably settled the matter. 4. The petitioners have paid a total sum of Rs. 16,00,000/-(Rupees Sixteen Lakhs Only) towards full and final settlement, instead of Rs.16,00,000/- (Rupees Sixteen Lakhs Only) the one Srivari Shetty and Pradeep S paid a Rs.5,00,000/-(Rupees Five Lakhs only) through the Petitioner No.1 Punith Gowda and the Srivari Shetty and Pradeep S transferred the Rs.5,00,000/-(Rupees Five Lakhs only) to the account of the Respondent No.2 and the Rs. 11,00,000/-(Rupees Eleven Lakhs only) by way of the Demand Draft bearing No.980760 dated 22/01/2026 and drawn on Canara Bank Nagarabhavi Branch, Bengaluru and the Respondent No.2 has acknowledged receipt of the same. 5. The Respondent No.2 states that she has no objection for quashing the entire proceedings in respect of Accused Nos.4 and 7. 6. The compromise has been entered by the Petitioners and Respondent No.2 into the voluntarily without force, coercion or undue influence. - 7 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 7. Continuation of proceedings would be an abuse of process of law as the dispute is purely personal and has been resolve. 8. The Respondent No.2/Defacto Complainant submits that she has received the entire agreed settlement amount towards full and final settlement and that she has no subsisting claim, grievance, demand or dispute of any nature whatsoever against Accused Nos.4 and 7 either present or future arising out of the subject matter of Crime No.0137/2025 and the respondent No.2 agreed to filing a report in respect of the Petitioner No.1 and his mother Smt. Yashoda to defreeze the account which are freeze the bank account on behalf of the complaint of Respondent No.2. 9. The Respondent No.2 further submits that she has not filed any other complaint, private complaint, or initiated any civil or criminal proceedings against Accused Nos 4 and 7 in any other Police Station or Court in respect of the same transaction or any other transactions. 10. The Respondent No.2 further states that she has not colluded with any third parties, relatives, associates, or other persons to initiate any proceedings against the petitioners in respect of the above transaction. 11. The compromise is voluntary and entered into above party without any coercion, threat or undue influence. 12. The Petitioner No.1 and 2 (Accused No. 4 and 7) and Respondent No.2/Complainant are the family friends and the Respondent No.2/Complainant has withdrawn all allegations made against each other unconditionally. The Petitioner No.1 and 2 (Accused No. 4 and 7) and Respondent No.2/Complainant have no claims whatsoever against each other. WHEREFORE, the Petitioner No.1 and 2 (Accused No. 4 and 7) and the Respondent No.2/Complainant most respectfully pray that this Hon'ble Court be pleased to - 8 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 accept their joint compromise memo and permit them to compound the offences mentioned against the Petitioner No.1 and 2 (Accused No. 4 and 7) and the Respondent No.2/Complainant in Crime No. 137/2025 for the offence punishable under Sections 316(2), 318(4), 352, 351(2), 351(3), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 9 of the Karnataka Protection of Interest of Depositors Exorbitant Act 2004, pending on the file of learned IV Additional Chief Judicial Magistrate, at Bengaluru, in the ends of justice.” In the light of the afore-quoted joint applications, as the dispute is between the individuals and the allegations are not against the State, I deem it appropriate to accept the same and obliterate the crime against the petitioners. 4. It is made clear that this settlement would not come in the way of the investigation or proceedings against other accused. The complainant is present before the Court and acknowledges the payment of Rs.5/- lakhs made earlier and Rs.11/- lakhs paid by way of demand draft before this Court. 5. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition and the writ petition are disposed. (ii) The impugned crime in Crime No.137/2025, pending before the Principal City Civil and Sessions Judge, - 9 - HC-KAR NC: 2026:KHC:20595 CRL.P No. 16110 of 2025 C/W WP No. 27326 of 2025 Bengaluru, in both the petitions, qua the petitioners, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 178