Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26179 CRL.P No. 5811 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. 5811 OF 2025 BETWEEN:
1.
VICKY JAIN, S/O RAMESH KUMAR JAIN, AGED ABOUT 27 YEARS.
2.
KALPANA JAIN, D/O SHANTILAL, W/O RAMESH KUMAR JAIN, AGED ABOUT 49 YEARS.
3.
BHAVANA JAIN, D/O RAMESH KUMAR JAIN, AGED ABOUT 21 YEARS.
ALL ARE PRESENTLY R/AT NO.106, NEAR GANGAMMA TEMPLE MAIN ROAD, BSK 1ST STAGE, ASHOK NAGAR, BENGLAURU-560050. …PETITIONERS (BY SRI. VIJAYA KUMAR K, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:26179 CRL.P No. 5811 of 2025
2. NALINI, W/O SUNIL @ SUNIL KUMAR, AGED ABOUT 32 YEARS, R/AT NO.106, NEAR GANGAMMA TEMPLE, ASHOK NAGAR, BSK 1ST STAGE, BENGALURU-560 050. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1;
SRI. DEEPAK, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE CHARGE SHEET FILED BY THE HANUMANTHANAGAR POLICE STATION/RESPONDENT NO.1 IN SPL.C.C. NO.1488/2024, PENDING ON THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU, (CCH-71) FOR THE OFFENCE P/U/S 504, 506, 323, 354 R/W SEC.34 OF IPC, AND SET ASIDE THE ORDER DATED 17.08.2024, PASSED IN CC.NO.1488/2024 PASSED BY THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71), TAKING COGNIZANCE AND DIRECTING TO REGISTER THE CRIMINAL CASE FOR THE OFFENCE P/U/S. 354(c), 324, 323, 504 R/W 34 OF IPC AND SECTION 3(1)(r)(s), 3(2)(v-a) OF THE SCHEDULE CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) ACT, 1989.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:26179 CRL.P No. 5811 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court seeking the following prayers:
"a) Quash the entire charge sheet filed by the Hanumanthanagar Police Station/respondent No.1 in Spl.C.C.No.1488/2024, pending on the file of the LXX Additional City Civil And Sessions Judge And Special Judge, At Bengaluru, (CCH-71) for the offence punishable under section 504, 506, 323, 354 Read with section 34 of Indian Penal Code and set aside the order dated 17.08.2024, passed in C.C.No.1488/2024 passed by the LXX Additional City Civil And Sessions Judge And Special Judge, At Bengaluru (CCH-71), taking cognizance and directing to register the criminal case for the offence punishable under section 354(c), 324, 323, 504 read with section 34 of Indian Penal Code and section 3(1)(r)(s), 3(2)(v-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
b) Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
2. Heard Sri.Vijaya Kumar K,
learned counsel appearing for the petitioners, Smt.Waheeda M.M, learned HCGP appearing for respondent No.1, Sri.Deepak, learned counsel appearing for respondent No.2 and have perused the material on record. - 4 -
HC-KAR NC: 2026:KHC:26179 CRL.P No. 5811 of 2025
3. The parties to the lis were also before the Civil Court in O.S.No.2058/2023. The first petitioner was the second plaintiff in the said case. The parties enter into a settlement and the decree is drawn based upon the said settlement. The terms of settlement in so far as the present lis is concerned is as follows:
"7. Defendants agreed to vacate premises on or before 30th March 2025 without seeking extension of time and Plaintiff shall refund the advance amount on handing over both premises by clearing all dues such as water, electricity and rental charges of both premises. 8. Defendant agrees that themselves or their agents, henchmen, claiming under them, will not interfere with possession of plaintiff herein to suit schedule property. First defendant is agreed that he is the sole responsible for any claims of his family members and plaintiff are not responsible for any default of first defendant. 9. Defendants agreed to withdraw the suit filed against plaintiff in 0.S.8379/2024 on the file of the City Civil Judge (CCH-11), Defendants and their family members shall withdraw the complaint filed against plaintiff herein in Spl.Case. 1488/2024 pending before (CCH-71), case and counter case of assaulting against each other. It is agreed by both parties that in default of withdrawing the above mention cases by any of the parties, shall produce the compromise petition before the respective Hon'ble Court."
4. The parties agree to withdraw the suit, the special case i.e. the subject case and subject case that is filed which was a case and a counter case. That in default of withdrawing the above mention cases by any of the parties, shall produce the
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HC-KAR NC: 2026:KHC:26179 CRL.P No. 5811 of 2025
compromise petition before the respective Hon'ble Court, is what is said. The special case is specifically mentioned as a condition of settlement upon which the decree is drawn by the Civil Court. In that light, the complainant now cannot contend that the present criminal proceedings should continue notwithstanding the fact of the settlement and the benefits of the settlement being taken by the parties.
In that light, I deem it appropriate to obliterate these proceedings recording the settlement that has arrived, as quoted hereinabove. 5. For the aforesaid reasons, the following:
O R D E R [I] Criminal Petition is allowed. [II] Proceedings in Spl.C.No.1488/2024 pending before the LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 46