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2026 DAILYLAW 24331 (KAR)

SMT VAIJAYANTHIMALA M v. STATE OF KARNATAKA

CRL.P/14616/2025 · 2026-06-25

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 14616 OF 2025 C/W CRIMINAL PETITION NO. 11695 OF 2024 IN CRL.P No. 14616/2025: BETWEEN: 1. SMT. VAIJAYANTHIMALA M, W/O. LATE C. MALAIRAJAN, AGED ABOUT 66 YEARS, RESIDING AT: D NO. 4-750-5, MAHALAKSHMINAGAR, 3RD STREET, 4TH CROSS STREET, MADURAI NORTH, MADURAI, TAMIL NDU-625 007. 2. SMT. SELVARANI, W/O. SRI. RAMESH, AGED ABOUT 48 YEARS, RESIDING AT PLOT NO. 100, KVR NAGAR, 4TH STREET, K. PUTHUNAGANAKULAM MADURAI NORTH, MADURAI, TAMIL NADU-625 007. 3. SMT. SHENBAGARANI, W/O. SRI. DEELIP KUMAR, AGED ABOUT 46 YEARS, RESIDING AT NO.4/786-2, MAHALAKSHMINAGAR, 3RD STREET, 3RD CROSS, K. PUDUR, KANNANENDAL, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 MADURAI, TAMIL NADU-625 007. PETITIONERS 1 TO 3, REP. BY P4 SRI.M.VENKATESWARAN, IT'S A GPA HOLDER. 4. SRI. M. VENKATESHWARAN, S/O. LATE C. MALAIRAJAN, AGED ABOUT 41 YEARS, RESIDING AT D. NO.4-750-5, MAHALAKSHMINAGAR 3RD STREET, 4TH CROSS STREET, MADURAI NORTH, MADURAI, TAMIL NADU-625 007. …PETITIONERS (BY SRI. J.THANGARAJAN, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ATTIBELE POLICE STATION, ANEKAL, BENGALURU RURAL, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SRINIVASAIAH. M, S/O. LATE MUNISWAMY, NO. 368, OUTER CIRCLE, WHITEFIELD, BENGALURU-560 066. …RESPONDENTS (BY SMT.DEEPTHI ALVA, HCGP FOR R1; SRI.KOPRESH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.5753/2022 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC AT ANEKAL FOR THE O/P/U/S 447, 427, 420 R/W 34 OF IPC AND ETC. - 3 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 IN CRL.P NO. 11695/2024: BETWEEN: 1. SMT. VAIJAYANTHIMALA M, W/O LATE C MALAIRAJAN, AGED ABOUT 62 YEARS, RESIDING AT: D NO.4-750-5, MAHALAKSHMINAGAR, 3RD STREET, 4TH CROSS STREET, MADURAI NORTH, MADURAI, TAMIL NADU-625 007. 2. SMT. SELVARANI, W/O SRI. RAMESH, AGED ABOUT 43 YEARS, RESIDING AT: PLOT NO.100, KVR NAGAR, 4TH STREET, K. PUTHUNAGANAKULAM, MADURAI NORTH, MADURAI, TAMIL NADU-625 007. 3. SMT. SHENBAGARANI, W/O SRI. DEELIP KUMAR, AGED ABOUT 41 YEARS, RESIDING AT NO.4/786-2, MAHALAKSHMINAGAR 3RD STREET, 3RD CROSS, K PUDUR, KANNANENDAL, MADURAI, TAMIL NADU-625 007. 4. SRI. M. VENKATESHWARAN, S/O LATE C. MALAIRAJAN, AGED ABOUT 38 YEARS, RESIDING AT D NO.4-750-5, MAHALAKSHMINAGAR 3RD STREET, 4TH CROSS STREET, MADURAI NORTH, MADURAI, TAMIL NADU-625 007. ...PETITIONERS (BY SRI. J.THANGARAJAN, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 AND: 1. STATE OF KARNATAKA, BY ATTIBELE POLICE STATION, ANEKAL, BENGALURU RURAL, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. M.BHARATH JAGANATHAN, S/O JAGANATHAN, AGED 40 YEARS, NO.35, AVALAPALLI HUDCO, HOSUR KRISHNAGIRI DISTRICT, TAMILNADU STATE. ALSO AT: NO.6, VHF HOUSE CONCORD VILLAS NEAR WIPRO GATE, ELECTRONIC CITY PHASE 2, BANGALORE 560100. ...RESPONDENTS (BY SMT.DEEPTHI ALVA, HCGP FOR R1; SRI.H.P.LEELADHAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.413/2024 ATTIBELE POLICE STATION (U/S 427, 34, 447) IN 3RD ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.14616/2025, the petitioners are before this Court seeking the following prayers: "i. To call for the entire records pertaining to C.C.No.5753/2022 pending before the on the file of III Additional Civil Judge and JMFC at Anekal. ii. Consequently, quash the entire proceedings in C.C.No.5753/2022 on the file of III Additional Civil Judge and JMFC at Anekal for the offence punishable under Section 447, 427, 420 R/w 34 of IPC. The certified copy of the charge sheet-Annexure-B. iii. And also grant such other and further relief's as this Hon'ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice." 2. In Crl.P.No.11695/2024, the petitioners are before this Court seeking the following prayers: "i. To call for the entire records pertaining to the proceedings in Crime No.413/2024 on the file of the respondent. ii. quash the FIR in in Crime No.413/2024 Attibele police Station (U/s 427, 34, 447) in 3rd Addl. Civil Judge & JMFC, Anekal Bengaluru Rural District. The certified copy of the FIR produced at Annexure- Μ. iii. And also grant such other and further relief's as this Hon'ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice." - 6 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 3. In Crl.P.No.14616/2025, heard Sri.J.Thangarajan, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Kopresh, learned counsel appearing for respondent No.2. In Crl.P.No.11695/2024, heard Sri.J.Thangarajan, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.H.P.Leeladhar, learned counsel appearing for respondent No.2 and have perused the material on record. 4. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memo of Compromise in both the petitions. In Crl.P.No.14616/2025, the Joint Memo of Compromise reads as follows: "The Petitioners and Respondent No. 2 (De-Facto Complainant) above named most respectfully submit as follows: 1. That the Petitioners have filed the present petition invoking the inherent powers of this Hon'ble Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 482 of the Cr.P.C.) seeking to quash the proceedings in C.C. No.5753/2022 arising out of Crime No.270/2021 registered by the Attibele Police Station. - 7 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 2. The parties submit that the dispute originally arose out of a property-related misunderstanding involving a Power of Attorney, Sale Agreements, and subsequent Cancellation Deeds. 3. The parties declare that they have compromised the matter through the intervention of well-wishers and family elders to buy mutual quietus, harmony, and peace. It is explicitly clarified that there is no commercial or financial transaction/exchange remaining between the parties, and this compromise is solely intended to put an end to all past grievances and restore peace. 4. Respondent No. 2 / Complainant explicitly states that they no longer harbor any personal grievances against the Petitioners and have no objection whatsoever to the quashing of the entire criminal proceedings in C.C. No. 5753/2022 pending against the Petitioners. 5. Both parties state that this compromise is entered into voluntarily, out of their own free will and choice, without any coercion, fraud, or undue influence. 6. The Petitioners and Respondent No. 2 / Complainant are physically present before this Hon'ble Court today to admit, verify, and confirm the contents of this Joint Memo of Compromise. WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to take this Joint Memo of Compromise on record, verify the presence of the parties, and consequently quash the entire proceedings against the Petitioners in C.C. No. 5753/2022 pending before the 3rd Addl. Civil Judge & JMFC, Anekal Bengaluru Rural District, in the interest of justice." In Crl.P.No.11695/2024, the Joint Memo of Compromise reads as follows: "The Petitioners and Respondent No. 2 (Complainant) above named most respectfully submit as follows: - 8 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 1. That the Petitioners have filed the present petition under Section 582 of the BNSS seeking to quash the FIR in Crime No. 413/2024 registered by the Attibele Police Station for offences punishable under Sections 427, 447, read with Section 34 of the Indian Penal Code (IPC). 2. The parties submit that the allegations in the FIR arose out of a dispute and misunderstanding involving certain property transactions, which is also the subject matter of the connected Criminal Petition No. 14616/2025 (arising out of C.C. No. 5753/2022). Both matters are listed together before this Hon'ble Court today. 3. The parties declare that with the intervention of well- wishers and family elders, they have compromised the underlying dispute to buy mutual quietus, harmony, and peace. It is explicitly clarified that there is no commercial or financial transaction/exchange remaining between the parties, and this compromise is solely intended to put an end to all past grievances. 4. Respondent No. 2 / Complainant explicitly states that they no longer harbor any personal grievances against the Petitioners in this case and have no objection whatsoever to the quashing of the FIR in Crime No. 413/2024 registered by Attibele Police. 5. Both parties state that this compromise is entered into voluntarily, out of their own free will and choice, without any coercion, fraud, or undue influence. 6. The Petitioners and Respondent No. 2 / Complainant are physically present before this Hon'ble Court today to admit, verify, and confirm the contents of this Joint Memo of Compromise. WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to take this Joint Memo of Compromise on record, verify the presence of the - 9 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 parties, and consequently quash the FIR in Crime No. 413/2024 registered by the Attibele Police Station and pending before the in 3rd Addl. Civil Judge & JMFC, Anekal Bengaluru Rural District, in the interest of justice and equity." 5. The parties to the lis are present before the Court and are identified by their respective counsels. 6. In the light of Joint Memo of Compromise as quoted supra being filed in both the petitions and offences not being against the State, I deem it appropriate to accept the said Joint Memo of Compromise in both the petitions and terminate the proceedings against the petitioners in the subject petitions. 7. For the aforesaid reasons, the following: O R D E R [I] Criminal Petitions are disposed. [II] In Crl.P.No.14616/2025, proceedings in C.C.No.5753/2022 pending before the III Additional Civil Judge and JMFC at Anekal, stands quashed qua the petitioners. - 10 - HC-KAR NC: 2026:KHC:31873 CRL.P No. 14616 of 2025 C/W CRL.P No. 11695 of 2024 [III] In Crl.P.No.11695/2024, proceedings in Crime No.413/2024 pending before the 3rd Addl. Civil Judge & JMFC, Anekal, Bengaluru Rural District, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 51