- 1 - HC-KAR NC: 2026:KHC:33225 CRL.P No. 1218 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1218 OF 2026 BETWEEN: RAJESH NAGESH KUMTAKAR S/O NAGESH KUMTAKAR AGE 43 YEARS NO. 286, HANUMAIYA LAYOUT, NEAR BESCOM OFFICE, KODIGEHALLI, SAHAKARNAGAR POST, BENGALURU - 560 092. …PETITIONER (BY SRI. B.M. HALASWAMY.,ADVOCATE) AND: 1. STATE OF KARNATAKA MAHADEVAPURA POLICE STATION WHITEFIELD SUB-DIVISION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING. 2. A. VINOD KUMAR S/O K.P. KRISHNA NAIR AGED ABOUT 50 YEARS R/AT B-3 BLOCK, FLAT NO.210, GOKULAM APARTMENTS DODDAKALLASANDRA, KANKPURA ROAD, BENGALURU - 560 062. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. B.K. SRIDHAR, ADVOCATE FOR R2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33225 CRL.P No. 1218 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT POLICE IN CC NO.52574/2019 (IN CRIME NO.221/2018) U/S 447, 427 AND 34 OF IPC PENDING BEFORE THE XLIII CMM AT BENGALURU AS THE MATTER HAS AMICABLE SETTLED BETWEEN THE PARTIES IN LOK-ADALATH IN OS NO.1475/2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner/accused No.2 is before the Court calling in question the proceedings in C.C.No.52574/2019 registered for the offences punishable under Sections 447, 427 and 34 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. B.M. Halaswamy, learned counsel appearing for the petitioner; Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1 and Sri. B.K., Sridhar, learned counsel appearing for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:33225 CRL.P No. 1218 of 2026 3. The learned counsel appearing for the petitioner submits that qua accused No.1, the Co-ordinate Bench has closed the proceedings on recording the settlement and its acceptance. The present petitioner is accused No.2 in the said crime and has entered into settlement with respondent No.2 on the same terms. The settlement reads as follows: "COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE The parties most respectfully submit as follows;- The Plaintiffs have preferred the above suit against defendant seeking possession of suit schedule C and D properties and permanent injunction against the Defendant with respect to suit schedule A and B properties. The Defendant has filed the written statement denying the allegations of the plaintiffs. When the matter was set down for recording of evidence, the Hon'ble Court was pleased to refer the matter for mediation in order to enable the parties to arrive at a compromise and settle the issues among themselves. Accordingly, the parties have arrived at a settlement and the same are recorded in writing as hereunder. 1. The Plaintiff No 1 and 2 undertake to withdraw the above suit OS 1475/2019 on the file of the City Civil Judge (CCH-23), Bengaluru unconditionally and unequivocally as against the Defendant. 2. The 2nd Plaintiff is Partnership firm and managing partner Ramesh Jannu states that he is authorized by the firm, in line with the partnership deed to withdraw the suit and to execute this compromise. The Managing Partner confirms that he is authorized to sign on behalf of the Partnership firm. - 4 - HC-KAR NC: 2026:KHC:33225 CRL.P No. 1218 of 2026 3. It is specifically agreed between the parties herein that neither the Plaintiff nor the Defendants shall put up or construct beams, columns or any construction over the compound wall separating the properties. 4. The Defendant undertakes to withdraw the complaint an alitaing such approval form the management of the Defendant lodged before the Mahadevapura Police, Whitefield Sub-Division, Bengaluru registered in Criminal Case No.221/2018 which dulminated in CC 52574/2019 on the file of 29th ACJM., Bengaluru under Section 447, 39 ACJM 427 and 34 of IPC pursuant to filing of charge sheet by allowing criminal petition No.1893/2020 on the file of the Hon'ble High Court of Karnataka, Bengaluru, pursuant to the compromise entered in to, parties herein as the offences are compounded under Section 320 of CRPC. The C.C. No. 52575 of 2019 is posted for 08.10.2025. 5. The parties have arrived at a settlement amicably and have entered in to this compromise petition and the plaintiffs undertake that they shall not file any suit or proceedings against the defendant by accepting the terms of this compromise petition and all civil and criminal proceedings that are filed and pending by and against the parties shall be withdrawn and treated as closed by seeking such suitable orders from the respective Hon'ble Courts. The Plaintiffs also submit that this compromise shall be binding on their legal heirs/successors/ administrators etc. The Plaintiffs and the Defendant have settled the matter in terms of this compromise and to withdraw the suit in terms of the compromise." 4. In the light of the said settlement arrived at qua accused No.1, the parties would submit that the settlement be recorded in the case at hand, as well and close the proceedings. - 5 - HC-KAR NC: 2026:KHC:33225 CRL.P No. 1218 of 2026 5. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The proceedings in C.C.No.52574/2019 pending on the file of XLIII Additional Chief Metropolitan Magistrate at Mayo Hall, Bengaluru, qua the petitioner/accused No.2 stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 39