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2026 DAILYLAW 28265 (KAR)

SRI SATHISH C M v. THE STATE OF KARNATAKA

CRL.P/11471/2023 · 2026-07-13

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35496 CRL.P No. 11471 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11471 OF 2023 BETWEEN: SRI. SATHISH C M, S/O LATE MONAPPA POOJARI, AGED ABOUT 52 YEARS, R/AT NO.189, 18TH CROSS, 6TH MAIN, BTM II STAGE, BENGALURU - 560068. …PETITIONER (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SRI. B.S. CHANDRASHEKAR, S/O SRI. ANKAIAH, AGED ABOUT 64 YEARS, R/AT NO.126, 6TH MAIN ROAD, BANASHANKARI III STAGE, III PHASE, 1ST BLOCK, BENGALURU - 560085. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R-1; SMT. POONAM PATIL, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE CHARGE SHEET IN C.C.NO.22839/2023 LODGED AT THE INSTANCE OF THE SECOND RESPONDENT HEREIN PENDING Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35496 CRL.P No. 11471 of 2023 ON THE FILE OF THE II A.C.M.M AT BENGALURU BY THE FIRST RESPONDENT POLICE INITIATED FOR THE OFFENCES P/U/S 419, 420, 465, 468, 471, 120B R/W 34 OF IPC AND ETC. 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 C.C.No.22839/2023, pending before the II A.C.M.M, Bengaluru, for the offences under 419, 420, 465, 468, 471, 120B read with Section 34 of Indian Penal Code. 2. Heard Sri.C.Shankar Reddy, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Smt.Poonam Patil, 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 Joint Memo in that regard. The said Joint Memo reads as follows: - 3 - HC-KAR NC: 2026:KHC:35496 CRL.P No. 11471 of 2023 “1. The above Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the proceedings in C.C. No.22839/2023 arising out of Crime No.302/2022 of Rajarajeshwari Nagar Police Station, pending on the file of the Hon'ble 46TH Additional Chief Metropolitan Magistrate, Bengaluru. 2. The criminal proceedings arose out of disputes between the Petitioner and Respondent No.2 relating to claims over immovable property bearing Sy.No.129 (Old No.81), measuring 20 guntas, situated at Uttarahalli Village, Uttarahalli Hobli, Bengaluru South Taluk (hereinafter referred to as the "Schedule Property"). The said property was owned by the 2nd Respondent's mother, Smt.Javaramma. She gifted the same to the 2nd Respondent on 24.03.2003. Smt.Javaramma expired on 15.11.2014. However, a sale deed came to be executed in favour of the Petitioner herein under a registered sale deed dated 30.11.2020 by an impersonator in the name of Javaramma, arrayed as Accused No.2, and referred to as an 'unknown lady' in the FIR and charge sheet. 3. The Respondent No.2 had instituted O.S.No.1027/2022 before the City Civil Court Bengaluru, seeking declaration and other consequential reliefs in respect of the Schedule Property. The Petitioner had also instituted 0.S.No.69/2026 seeking the relief of permanent injunction. With the intervention of the well-wishers, the parties have amicably settled all their disputes relating to the Schedule Property. A Memorandum of Compromise has been executed and filed before the competent Civil Court in O.S. No.1027/2022, settling all their civil disputes finally and comprehensively, a copy of which is annexed herewith as Annexure A. 4. In terms of the said settlement: (a) the Petitioner has agreed not to assert any right, title or interest over the Schedule Property; (b) the parties have agreed to abide by the terms and conditions contained in the Memorandum of Compromise filed before the Civil Court; - 4 - HC-KAR NC: 2026:KHC:35496 CRL.P No. 11471 of 2023 (c) the parties have agreed to cooperate in giving full effect to the compromise and to take all consequential steps required under law; and (d) Respondent No.2 has agreed to extend his full cooperation for disposal of the present Criminal Petition In accordance with law. 5. In view of the aforesaid settlement, the Respondent No.2 states that he has no surviving grievance against the Petitioner and has no objection if this Hon'ble Court is pleased to quash the proceedings in C.C.No.22839/2023 as against the present Petitioner, subject to such orders as this Hon'ble Court may deem fit. 6. The compromise has been entered into voluntarily, out of the parties' free will, without force, coercion, undue influence or misrepresentation, and with the intention of bringing a quietus to all disputes between them. 7. It is respectfully submitted that continuation of the criminal proceedings as against the Petitioner, in the peculiar facts and circumstances of the case and in view of the comprehensive settlement between the parties, would serve no useful purpose. The parties therefore request this Hon'ble Court to exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure in the interest of justice. 8. The parties undertake to remain bound by the terms of the Memorandum of Compromise filed before the Civil Court and to abide by any further orders that may be passed by this Hon'ble Court. Wherefore, the Petitioner and Respondent No.2 most respectfully pray that this Hon'ble Court may be pleased to: a) Allow the Criminal Petition and quash the proceedings in C.C. No.22839/2023 arising out of Crime No.302/2022 of Rajarajeshwari Nagar Police Station pending before the Hon'ble 46th Additional Chief Metropolitan Magistrate, Bengaluru as against the present Petitioner, in accordance with law; - 5 - HC-KAR NC: 2026:KHC:35496 CRL.P No. 11471 of 2023 c) Pass such other order or orders as this Hon'ble Court may deem fit in the interests of justice and equity.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Joint Memo as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the said Joint Memo and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in Crime No.302/2022 and Charge Sheet in C.C.No.22839/2023, pending before the II A.C.M.M, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 96