- 1 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3070 OF 2026 BETWEEN: SRI. VENKATESH MURTHY M S/O MUNIYAPPA THIMMAYYA AGED ABOUT 61 YEARS R/AT NO.36, SUSANNIDHI, 6TH CROSS, VIVEKANANDA ROAD, NEAR G.R. KALYANA MANTAPA, BALAJI LAYOUT, RMV EXTENSION 2ND STAGE, BANGALORE - 560 094. …PETITIONER (BY SRI. RAVIKUMARA B.R, ADVOCATE) AND: 1. STATE BY PULAKESHINAGAR POLICE STATION Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 REPRESENTED BY SPP, HIGH COURT BUILDING - 560 001. 2. SMT. SUNITHA, D/O B.K. JAYAKUMAR, AGED ABOUT 52 YEARS RESIDING AT 48, LAJAR LAYOUT, FRAZOR TOWN, BANGALORE - 560 005 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT ARISING OUT OF CR.NO.10/2017 VIDE ANNEXURE A AND B, CHARGE SHEET VIDE ANNEXURE-C AND ENTIRE PROCEEDINGS IN CC.NO.50966/2021 ON THE FILE OF XI ACMM COURT, MAYO HALL, BANGALORE, VIDE ANNEXURE-D, FOR THE OFFENCES P/U/S 417, 420, 464, 465, 467, 468, 471, 504, 506 OF IPC, 1860 AND TO ACQUIT THE PETITIONERS. - 3 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 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 the proceedings in C.C.No.50966/2021 registered for the offence punishable under Sections 417, 420, 464, 465, 467, 468, 471, 504 and 506 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. Ravikumara B.R., learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1. 3. The learned counsel appearing for the petitioner submits that before the Co-ordinate Bench in the civil proceedings in WP.No.14941/2019, the matter is settled and the Co-ordinate Bench records the settlement and close the proceedings thereon. The settlement also recognizes the present proceedings. - 4 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 4. The Co-ordinate Bench in WP.No.14941/2019 disposed on 11.11.2025 has held as follows: "1. This writ petition is filed with a prayer to set-aside the order dated 18.03.2019 passed on IA No.5 in Execution Case No.3497/2017 and also to set-aside the Sale Notice dated 27.03.2019 vide Annexure-J, by the Court of XXVII Addl. City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the parties. 3. Respondent No.1 herein has filed Execution Case No.3497/2017 before the Court of XXVII Additional City Civil and Sessions Judge, Bengaluru, for the purpose of executing consent award passed by the Lok Adalat in CC No.52319/2017 C/w 52320/2017, 52321/2017 and 52322/2017 which was initiated by respondent No.1 against respondent Nos.2 and 3 herein before the jurisdictional Court of Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. Petitioner herein who had entered appearance as objector in Execution Case No.3497/2017 had filed IA No.5 under Order XXI Rule 58 read with Section 151 of CPC with a prayer to raise the order of attachment dated 06.12.2017 passed by the Executing Court in respect of the scheduled property. The said application was rejected by the Executing Court vide the order impugned and aggrieved by the same, petitioner is before this Court. 5. Learned counsel for the petitioner and learned counsel for respondent No.1/decree holder jointly submit that the dispute between the parties has been amicably settled. They further submit that principal amount of Rs.2,40,00,000/- has been paid by the petitioner and additionally, a sum of Rs.16,26,053/- was also paid towards interest. The only dispute between the parties now is with regard to payment of balance amount of Rs.10,53,619/- towards interest and the parties have settled the inter se dispute and agreed that a sum of - 5 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 Rs.4,00,000/- shall be paid towards full and final settlement of all the claims between the parties. They submit that a sum of Rs.4,00,000/- has been paid by way of cash and a memo is being accordingly filed today before the Court reporting settlement. 6. The joint memo filed to the aforesaid effect is taken on record. 7. Learned counsel for respondent No.1 acknowledges receipt of amount of Rs.4,00,000/- from the petitioner in cash towards full and final settlement of the claim made in Execution Case No.3497/2017. 8. In view of the aforesaid, I am of the opinion that the prayer made in IA No.5 by the petitioner for raising the order of attachment dated 06.12.2017 passed in Execution Case No.3497/2017 in respect of schedule property needs to be granted and consequently, the Sale Notice at Annexure-J also needs to be set-aside. Accordingly, the following order:- 9. The writ petition is allowed. The order dated 18.03.2019 passed on IA No.5 in Execution Case No.3497/2017 by the Court of XXVII Addl. City Civil and Sessions Judge, Bengaluru, is set-aside and consequently, the prayer made in the application IA No.5 is granted and Sale Notice at Annexure - J is set-aside." 5. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. 6. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. - 6 - HC-KAR NC: 2026:KHC:18466 CRL.P No. 3070 of 2026 (ii) The proceedings in C.C.No.50966/2021 pending on the file of XI Additional CMM Court, Mayohall, Bangalore stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 94