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2026 DAILYLAW 21164 (KAR)

SRI. SUMANTH M v. THE STATE OF KARNATAKA

CRL.P/7647/2026 · 2026-06-10

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7647 OF 2026 BETWEEN: 1. SRI. SUMANTH M, S/O MAHALINGAIAH, AGED ABOUT 29 YEARS, R/AT KASABA HOBLI, BASAVANAPURA, MAYAGANHALLI, RAMANAGARA-562128. 2. SRI. RAKHESHA A, S/O APPASWAMY, AGED ABOUT 36 YEARS, R/AT 2319/1, 4TH MAIN, 2ND CROSS, VINAYAKANAGARA, MYSURU-570012. 3. SMT. AKSHITHA K, D/O KUMAR K S, AGED ABOUT 28 YEARS, R/AT KEMPASHETTY DODDI, BYRAMANGALA, RAMANAGARA-562109. …PETITIONERS (BY SRI. BHARATH GOWDA B R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BIDADI P.S., REP. BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 2. SMT. CHAYA DEVI, W/O S SOMASHEKAR, AGED ABOUT 45 YEARS, R/AT WARD NO.8, NEAR ST. THOMAS SCHOOL, BIDADI-562109. …RESPONDENTS (BY SRI. B.N JAGADEESHA, ADDL. SPP FOR R-1; SRI. PRITHVEESH M.K, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO ALLOW THE CRIMINAL PETITION AND QUASH FIR AND COMPLAINT IN CRIME NO.170/2026 DATED 18.05.2026 OF BIDADI P.S., PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE Jr. Dn. AND JMFC COURT RAMANAGARA REGISTERED BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES U/S 316(2), 318(4) R/W SEC.3(5) OF BNS 2023 AND ALL FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNEXURE A). THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "i. Allow the criminal petition and Quash FIR and complaint in Crime No.170/2026 dated 18-05-2026 of Bidadi P S pending on the file of the learned Prl. Civil Judge Jr. Dn & JMFC Court Ramanagara registered by the Respondent police for the alleged offences under section 316(2), 318(4) R/w 3(5) of BNS, 2023 and all - 3 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 further proceedings pursuant thereto; in the interest of justice and equity (produced at Annexure-A). ii. Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice." 2. Heard Sri.Bharath Gowda B.R, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Prithveesh M.K, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Memorandum of Compromise Petition, affidavit of petitioners and affidavit of respondent No.2. The Memorandum of Compromise Petition reads as follows: “COMPROMISE PETITION UNDER SECTION 320 R/W 482 OF CODE OF CRIMINAL PROCEDURE, 1973 / SECTION 359 R/W 528 OF Bharatiya Nagarik Suraksha Sanhita, 2023 The Petitioners and Respondent No.2 most respectfully submit as follows: 1. Respondent No.2 lodged a complaint before Bidadi Police Station, Ramanagara, which came to be registered as Crime No.170/2026 for the offences punishable under Sections 316(2), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the Petitioners. 2. The allegations the complaint arose out of a property transaction and housing loan closure transaction between - 4 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 Respondent No.2 and Petitioner No.1 - Sri. Sumanth M. The dispute essentially related to financial liabilities connected with the said transaction. 3. Subsequent to registration of the FIR, with the intervention of elders, friends and well-wishers, the parties held discussions and amicably resolved all disputes and differences. 4. During the settlement discussions, the parties reconciled their accounts and liabilities. It was mutually agreed and acknowledged that the total liability towards settlement of the housing loan accounts was Rs.26,60,000/-. 5. Respondent No.2 had contributed a sum of Rs.6,60,000/- towards the said liability and Petitioner No.1 Sri. Sumanth M has paid and settled a sum of Rs.20,00,000/- towards full and final settlement of all claims arising out of the transaction. Accordingly, no amount remains due or payable by either party. 6. Respondent No.2 has categorically declared that she has no further monetary claim whatsoever against Petitioner No.1 arising out of the said transaction and all disputes between the parties stand fully and finally settled. 7. Respondent No.2 has further verified the records and has specifically stated that Petitioner No.2 - Sri. Rakesha A and Petitioner No.3 - Smt. Akshitha K had no role whatsoever in the alleged transaction and that no grievance survives against them. 8. Respondent No.2 has no objection for closure, settlement, withdrawal and quashing of FIR in Crime No.170/2026 and all consequential proceedings arising therefrom. An affidavit to that effect has been sworn by Respondent No.2 and is produced before this Hon'ble Court. 9. The compromise has been entered into voluntarily, out of free will, without any force, coercion, undue influence or pressure from any quarter. 10. The Compromise Petition will be null and void, The NOC and the Original Mother deed and other revenue documents will be handed over to the Respondent No. 2 by the - 5 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 Petitioner No. 1 are not valid documents all original documents will be handed over to Respondent No.2 at the time of compromise before this Hon'ble High Court. 11. The Petitioners hereby confirm and state that they have not created any other encumbrance on the property. If any such encumbrance is created the Petitioners undertake to clear it within 60 days from today. 12. In view of the complete settlement of all disputes and the fact that the complainant herself has no objection for quashing the proceedings, continuation of investigation and criminal proceedings would serve no useful purpose and the same deserve to be brought to an end in the interest of justice, equity and harmony between the parties. 13. The ID proofs of the Petitioners and the Respondent No.2 are annexed herewith for kind perusal of this Hon'ble Court. 14. The Petitioners further confirms the sale in favour of Respondent No.2. WHEREFORE, the Petitioners most humbly pray that this Hon'ble Court may be pleased to: (a) Permit the Petitioners/Accused Nos. 1 to 3 and the Respondent No.2/Complainant to compound the offences; (b) Quash the FIR and complaint in Crime No. 170/2026 dated 18-05-2026 of Bidadi P S pending on the file the learned of Prl. Civil Judge Jr. Dn. & JMFC Court Ramanagara registered by the Respondent police for the alleged offences under section 316 (2), 318(4) R/w 3(5) of BNS, 2023; (c) Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. - 6 - HC-KAR NC: 2026:KHC:28054 CRL.P No. 7647 of 2026 5. Learned counsel for the petitioners/accused Nos.1 to 3 hands over all the original documents to the complainant and the counsel for the complainant acknowledges the same. 6. In the light of Memorandum of Compromise Petition being filed and offences not being against the State, I deem it appropriate to accept the Memorandum of Compromise Petition and terminate the proceedings against the petitioners in the subject petition. 7. For the aforesaid reasons, the following: O R D E R [I] Criminal Petition is allowed. [II] Proceedings in Crime No.170/2026 pending before the Principal Civil Judge Jr. Dn. and JMFC Court, Ramanagara, qua the petitioners, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC/List No.: 4 Sl No.: 3