- 1 - HC-KAR NC: 2026:KHC:26182 CRL.P No. 13126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13126 OF 2025 BETWEEN: SRI. SHRIDHAR B.V, S/O H. VEERANNAGOWDA, AGED ABOUT 43 YEARS, PDO OF HANAKERE GRAM PANCHAYATH, R/AT 3RD CROSS, GANDHI NAGAR, MANDYA TALUK, MANDYA DISTRICT 571 401. …PETITIONER (BY SRI. HARIPRASAD M.B, ADVOCATE) AND: 1. STATE BY MANDYA RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001. 2. SHRI. S.M. SOHAIL, S/O MUNEER.K, AGED ABOUT 36 YEARS, NO.145, SADATH NAGAR, 2ND CROSS, GUTHALU, MANDYA TALUK, MANDYA DISTRICT-571 403. …RESPONDENTS (BY SRI.K. NAGESHWARAPPA, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH ENTIRE PROCEEDINGS AND THE CHARGE SHEET FILED BY THE Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26182 CRL.P No. 13126 of 2025 MANDYA RURAL P.S, I.E., RESPONDENT NO.1 IN CC NO.1201/2019 (CR.NO.0718/2018, ARISING OUT OF PCR NO.160/2018 FOR THE O/P/U/S 415, 408, 463, 420 R/W 34 OF IPC, PENDING PROCEEDINGS ON THE FILE OF THE LEARNED JMFC COURT, MANDYA, AT ANNEXURE C AND D RESPECTIVELY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-accused No.4 is at the doors of this Court calling in question proceedings in C.C.No.1201/2019 registered for the offences punishable under Sections 415, 408, 463, 420 read with Section 34 of the Indian Penal Code. 2. Heard Sri.Hariprasad M.B, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. The learned counsel for the petitioner takes this Court through the orders passed by the Coordinate Bench which has quashed the proceedings against accused Nos.1 to 3. - 3 - HC-KAR NC: 2026:KHC:26182 CRL.P No. 13126 of 2025 Who remains in the fray is only accused No.4. The complainant though served, remains unrepresented even today. He had remained unrepresented even before the Coordinate Bench which had quashed the proceedings qua accused Nos.1 to 3. In that light, I deem it appropriate to paraphrase what is observed by the Coordinate Bench. The Coordinate Bench in Crl.P.No.6462/2022 disposed on 13.09.2023, has held as follows: "Petitioners-accused Nos.1 to 3 are sought to be prosecuted for the offences punishable under Sections 415, 408, 463, 420 r/w Section 34 IPC. 2. The case of the prosecution is that, the accused No.1 purchased the land bearing Sy.No.4/1, situated at Halasagere Village, Kasaba Hobli, Mandya Taluk through a registered sale deed and thereafter converted the subject land for non- agricultural purpose. 3. Out of 21 guntas, 16.08 guntas of land was conveyed in favour of respondent No.2 and his brother and one M.K. Naushad of Kerala through a registered sale deed dated 13.10.2017 for valuable consideration. 4. A portion of land measuring 5 guntas was acquired by National Highways Authority of India (NHAI) for widening of Mysuru-Bengaluru Highway which is the part and parcel of the sale deed dated 13.10.2017 and since the accused No.1 was in urgent need of money, the entire extent of land was sold with a estoppel that they would not claim any compensation with regard to this land from the NHAI. Thereafter the petitioners got mutation effected in their favour in respect of 5 guntas of land which was acquired by NHAI, and in pursuance of the same an amount of Rs.89,00,000/- was transferred to the account of accused No.1 towards the compensation. - 4 - HC-KAR NC: 2026:KHC:26182 CRL.P No. 13126 of 2025 5. The learned counsel for the petitioners submits that, an agreement was entered into between accused No.1 and the complainant, and in terms of the agreement, the complainant was entitled to receive the compensation amount towards acquisition of 5 guntas of land, and in terms of the said agreement, the complainant has withdrawn the compensation amount. He further submits that, the complainant had filed a suit in O.S.No.42/2019, for permanent injunction, restraining the Competent Authority from releasing the compensation amount with respect of 5 guntas of land acquired by NHAI in favour of accused No.1. The complainant after receiving the compensation amount has withdrawn the suit on 21.9.2019. Therefore, the continuation of the criminal proceedings against the petitioners-accused herein would be an abuse of process of law. 6. On the other hand, learned High Court Government Pleader for the respondent-State submits that, the charge sheet discloses the commission of the offences alleged against the petitioners and the veracity of the allegation against the petitioners can be considered only at the time of trial, and at this stage the same cannot be gone into. 7. Considered the submissions made by the learned counsel for the parties. 8. The petitioners have produced the photo copy of the sale agreement dated 3.4.2017, which indicates that, the parties have agreed that the complainant is entitled to receive the compensation towards acquisition of 5 acres of land by NHAI. The complainant had also filed a suit in O.S.No.42/2019 for permanent injunction, restraining the competent authority from releasing the compensation amount in favour of the accused No.1. 9. The complainant thereafter filed a memo dated 21.9.2021 for withdrawing the suit stating that, the he is not interested in prosecuting the suit. In view of the memo filed, the suit came to be dismissed as withdrawn, which clearly infers that, the complainant has received the compensation amount from the Competent Authority towards acquisition of 5 guntas of land by NHAI. 10. Even otherwise, the dispute between the parties is purely civil in nature, however, given a criminal texture. - 5 - HC-KAR NC: 2026:KHC:26182 CRL.P No. 13126 of 2025 Therefore, the continuation of the criminal proceedings would be an abuse of process of law. 11. Accordingly, I pass the following: ORDER i) The criminal petition is allowed; ii) The impugned proceedings in C.C.No.1201/2019 on the file of the JMFC Court, Mandya, insofar it relates to petitioners herein stands quashed." 4. In the light of the order passed by the Coordinate Bench of this Court (supra) and for the reasons aforementioned, the following: O R D E R [I] Criminal Petition is allowed. [II] Proceedings in C.C.No.1201/2019 pending before the JMFC Court, Mandya, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 49