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2026 DAILYLAW 25661 (KAR)

SRI SANTHOSH P G v. THE STATE OF KARNATAKA

CRL.P/4151/2025 · 2026-07-01

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4151 OF 2025 BETWEEN: SRI. SANTOSH P G, S/O K. GUNDAIAH, AGED ABOUT 38 YEARS, NO. 105, JAYALAKSHMI NILAYA, RANGA MARUTHI LAYOUT, OPP. TO RAASI RESIDENCY, MAGADI ROAD, BANGALORE-560091. …PETITIONER (BY SMT. AMBIKA M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HALASURGATE P.S, REP. BY THE STATE PUBLIC PROSECUTOR, DR. AMBEDKAR VEEDHI, HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SRI. DHANANJAY, S/O SHAMRAO MALI, AGED ABOUT 36 YEARS, NO.37, 8TH CROSS, BEHIND ANJAN THEATRE, MAGADI ROAD, BANGALORE-560023. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. GOPAL SINGH, ADVOCATE FOR R-2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO ALLOW THE PETITION AND QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1 HALASURGATE POLICE IN CR.NO.68/2025 AGAINST THE PETITIONER/ACCUSED UNDER SECTIONS 506, 504, 406, 409 AND 420 OF IPC PENDING ON THE FILE OF THE HONBLE III A.C.M.M, BENGALURU CITY, IN THE INTEREST OF JUSTICE AND EQUITY. 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 is before this Court calling in question proceedings in Crime No.68/2025, pending before the III Addl. Chief Metropolitan Magistrate, Bengaluru City, for the offences under Sections 506, 504, 406, 409 and 420 of Indian Penal Code. 2. Heard Smt.Ambika M, learned counsel appearing for the petitioner, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Sri.Gopal Singh, learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with affidavits of petitioner and respondent No.2. The affidavit of the petitioner reads as follows: “AFFIDAVIT I, Santhosh P.G. S/o. K.Gundaiah, aged about 39 years, residing at No. 105, Jayalakshmi Nilaya, Ranga Maruthi Layout, Opp. To Raasi Residency, Magadi Road, Bangalore 560091, do hereby solemnly affirm and state on oath as follows: 1. I submit that the Respondent No.2 is the de-facto complainant/informant in Crime. No. 68/2025, pending on the file of the Hon'ble III ACMM Court, Bangalore City, registered under Section 506, 504, 406, 409 & 420 IPC against me. I know the facts of the above case. 2. I submit that I know the Respondent No.2 and he was my friend. Such being the situation on 17-03-2025 the respondent No.2 filed a complaint against me alleging that in July 2020, I requested him to lend 950 grams of gold to me, on the condition that I will return the same within few days. As such he handed over the same. After some time he asked me to return the gold. But I agreed to sell a site in his favour instead of returning the gold. But I neither registered the site nor returned the gold. Instead I issued a cheque dated 22.05.2024 for Rs. 64,37,630/- along with an another blank cheque. Thereafter when the cheque was presented for encashment, it was returned as insufficient funds. On such allegations he filed a case against me in C.C.No.26116/2024 on the file of XIII ACJM Court, Bangalore under Section 138 of N.I.Act and also registered an another case in Crime No. 68/2025 on the file III ACMM Court, Bangalore for the offences under Section 506, 504, 406, 409 & 420 IPC. - 4 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 4. I submit that under this circumstance at the intervention of the elders, well-wishers, friends etc., to put an end to the misunderstanding between me and the respondent no.2 and for all of our mutual welfare, I and respondent no.2 have mutually agreed for settlement. As such he will withdraw the case pending on the file of XIII ACJM Court, Bangalore in C.C. No. 26116/2024 filed under section 138 of N.I.Act against me and the case pending on the file of the Hon'ble III ACMM Court, Bangalore in Crime No.68/2025 under Section 506, 504, 406, 409 & 420 IPC against me, is to be closed. 5. I submit that the compromise entered in to between me and the Respondent No.2 is bonafide and there is no threat or coercion or undue influence in this. I knowing fully well about the facts and consequences mutually entered in to this compromise. Today I have put my signature to this affidavit. PRAYER Wherefore, I most respectfully pray that this Hon'ble Court may kindly be pleased to permit me to compound the above offence as prayed in the accompanying IA, in the interest of justice and equity. What is stated above are all true and correct to our knowledge, information and belief, which I believe them to be true and correct.” The affidavit of respondent No.2 reads as follows: "AFFIDAVIT I, Dhananjay, S/o. Shamarao Mali, aged about 38 years, residing at No. 37, 8th Cross, behind Anjan Theator, Magadi road, Bangalore - 560023, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the de-facto complainant/informant in Crime. No. 68/2025, pending on the file of the Hon'ble III ACMM Court, Bangalore City, registered under Section 506, - 5 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 504, 406, 409 & 420 IPC against the petitioner/accused herein. I know the facts of the above case. 2. I submit that I know the petitioner /accused and he was my friend. Such being the situation on 17-03-2025 I filed a complaint against the petitioner that in July 2020, the petitioner / accused requested me to lend 950 grams of gold to the petitioner, on the condition that he will return the same within few days. As such I handed over the same. After some time I asked to return the gold with the petitioner, as such he agreed to sell a site in my favour instead of returning the gold. But he neither registered the site nor returned the gold but the petitioner issued a cheque dated 22.05.2024 for Rs. 64,37,630/- along with an another blank cheque. Thereafter when the cheque was presented for encashment, it was returned as insufficient funds. On such allegations I filed a case against the petitioner/accused in C.C.No. 26116/2024 on the file of XIII ACJM Court, Bangalore under Section 138 of N.I.Act and also registered an another case in Crime No. 68/2025 on the file III ACMM Court, Bangalore for the offences under Section 506, 504, 406, 409 & 420 IPC. 4. I submit that under this circumstance at the intervention of the elders, well-wishers, friends etc., to put an end to the misunderstanding between me and the petitioner/accused and for all of our mutual welfare, I and the Petitioner have mutually agreed for settlement. As such I will withdraw the case pending on the file of XIII ACJM Court, Bangalore in C.C. No. 26116/2024 filed under section 138 of N.I.Act and the case pending on the file of the Hon'ble III ACMM Court, Bangalore in Crime No. 68/2025 under Section 506, 504, 406, 409 & 420 IPC is to be closed against the petitioner/accused. 5. I submit that the compromise entered in to between me and the petitioner/accused is bonafide and there is no threat or coercion or undue influence in this. I knowing fully well about the facts and consequences mutually entered in to this compromise. Today I have put my signature to this affidavit. - 6 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 PRAYER Wherefore, I most respectfully pray that this Hon'ble Court may kindly be pleased to permit me to compound the above offence registered by the respondent No.1 Halasur gate Police station, against the petitioner /accused in Crime No. 68/2025, under Section 506, 504, 406, 409 & 420 IPC pending on the file of the Hon'ble III ACMM Court, Bangalore city, and further acquit the petitioner/accused from the offences, to meet the ends of justice and equity. What is stated above are all true and correct to my knowledge, information and belief, which I believe them to be true and correct." 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of application for compounding being filed along with the affidavits of petitioner and respondent No.2 as quoted supra and offences not being against the State, I deem it appropriate to accept the affidavits of both petitioner and respondent No.2 and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 7 - HC-KAR NC: 2026:KHC:32754 CRL.P No. 4151 of 2025 [II] Proceedings in Crime No.68/2025, pending before the III Addl. Chief Metropolitan Magistrate, Bengaluru City, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 171