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2026 DAILYLAW 36618 (KAR)

KRISHNAMURHTY v. STATE OF KARNATAKA

CRL.P/582/2019 · 2026-08-18

Ravi V Hosmani

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 8245 OF 2018 C/W CRIMINAL PETITION NO. 582 OF 2019 IN CRL.P No. 8245/2018 BETWEEN: 1. SMT.CHOWRAMMA W/O LATE IGNESHAPPA, AGED ABOUT 81 YEARS R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. 2. SRI ANTHONY SWAMY S/O LATE IGNESHAPPA, AGED ABOUT 59 YEARS, R/AT BEGUR VILLAGE & HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. 3. SRI JOSEPH S/O LATE IGNESHAPPA, AGED ABOUT 57 YEARS, R/AT BEGUR VILLAGE & HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. 4. SRI CHINNA SWAMY S/O LATE IGNESHAPPA, AGED ABOUT 43 YEARS, R/AT BEGUR VILLAGE & HOBLI, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 BANGALORE SOUTH TALUK, BANGALORE - 560 068. 5. SRI BALAVENDRA S/O LATE IGNESHAPPA, AGED ABOUT 38 YEARS, R/AT BEGUR VILLAGE & HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. 6. SRI AROKYA SWAMY S/O LATE IGNESHAPPA, AGED ABOUT 40 YEARS, R/AT BEGUR VILLAGE & HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 068. …PETITIONERS (BY SRI MURALIDARA R., ADVOCATE) AND: 1. STATE OF KARNATAKA HULIMAVU POLICE STATION, BANGALORE - 560 076 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. SRI K M RAJENDRA S/O LATE KRISHNAMURTHY, R/AT NO.3, 1ST MAIN, C.K.C.GARDEN, BANGALORE - 560 027. …RESPONDENTS (BY SRI MAHESHA P., HCGP FOR R1; SRI S.N.SAMEER, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ORDER DATED 29.08.2018 PASSED BY LEARNED ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN P.C.R.NO.29270/2011 VIDE ANNEXURE A, SO FAR AS PETITIONERS ARE CONCERNED AND - 3 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 DROP CONSEQUENT CRIMINAL PROCEEDINGS AGAINST PETITIONER. IN CRL.P NO. 582/2019 BETWEEN: 1. KRISHNAMURHTY AGED ABOUT 44 YEARS S/O K GOPAL HULIMAVU VILLAGE, BEGURU HOVLI, BANGALORE SOUTH TALUK, BANGALORE - 560 076. 2. THANIGA MALAI AGED ABOUT 48 YEARS, S/O RAMAMURTHY R/O NO.156/802, HULIMAVU, BANNERGHATTA ROAD, BANGALORE - 560 076. ...PETITIONERS (BY SRI VENKATESH S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HULIMAVU POLICE, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. K M RAJENDRA AGED ABOUT 52 YEARS, S/O LATE KRISHNAMURTHY R/O NO.3, 1ST MAIN, C K C GARDEN BANGALORE - 560 027. ...RESPONDENTS (BY SRI MAHESHA P., HCGP FOR R1; SRI JEVEEN K., ADVOCATE FOR R2) - 4 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE ORDER PASSED BY V A.C.M.M., BANGALORE IN C.C.NO.24152/2018 DATED 29.08.2018 OF TAKING COGNIZANCE FOR OFFENCES P/U/S 418, 447 OF IPC AND ISSUANCE OF PROCESS AGAINST THE PETITIONERS AND FURTHER BE PLEASED TO ALLOW THIS PETITION. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Seeking for quashing of order dated 29.08.2018 passed by V ACMM, Bengaluru in PCR no.29270/2011, subsequently re-numbered as CC no.24152/2018 rejecting 'B' final report and taking cognizance of offences punishable under Sections 418 and 447 of Indian Penal Code, 1860 (IPC). Crl.P.no.8245/2018 is filed by accused no.1 to 6, while Crl.P.no.582/2019 is filed by accused no.7 and 8. 2. Learned counsel for petitioners-accused as well as respondent no.2-complainant submit that during pendency of above petitions, there was settlement between parties in terms of which an application under Section 320(2) of Code of Criminal Procedure, 1973 (CrPC) for compounding is filed along with joint affidavit of petitioner no.4 in Crl.P.no.8245/2018, - 5 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 petitioner no.1 in Crl.no.582/2018 and complainant-respondent no.2. 3. Terms of settlement are as under: "4. The In terms of the settlement, the petitioners 1 to 6 has agreed to refund the advance amount of Rs.1,40,000/- ( Rupees one Lakh forty thousand only) to the complainant/Respondent No.2., and issued a Demand Draft bearing No.519327dated 17/08/2026 drawn on Canara Bank, Begur Branch, Bangalore in faouvr of the Respondent No.2 today towards full and final settlement of all claims arising out of the subject matter of the case. The Respondent No.2 hereby acknowledged the receipt of the same. 5. The Respondent No.2/Complainant agreed and undertakes that he has no further claims or dispute either in Civil or Criminal in respect of the above disputed sale agreement dated 07.08.1997 and the Respondent No.2 received a sum of Rs.1,40,000/- ( Rupees one Lakh forty thousand only) by way of Demand draft as referred above today towards full and final settlement of all claims arising out of the subject matter of the case. 6. The Petitioners/Accused and Respondent No.2/complainant submits that the alleged offences are compoundable. Consequently they were decided to put an end by compromise the case. - 6 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 7. The Petitioner and the Respondent No.2 have withdrawn all the allegations made against each other in the pleadings before court of Law. 8. The PetitionerNo.1 in Crl Petition No.8245/2018 namely Smt.Chowramma wife of Late.Igneshappa, Aged about 92 years is unable to appear and present before this Hon'ble court today due to her severe illness and immovable condition and she has been duly represented by her children i.e., the Petitioners No.2 to 6. Hence, her presence for filing this petition may be exempted. 9. The petitioner and respondent submit that they have entered into the present compromise voluntarily, out of their own free will and consent, without any force, coercion or undue influence from any person whatsoever." 4. Learned counsel for petitioners submitted that petitioner no.4 in Crl.P.no.8245/2018, petitioner no.1 in Crl.no.582/2018 respectively are present and identified them. Learned counsel for respondent no.2 submitted that complainant is present and identifies him. 5. On interaction, they stated, terms of compromise have been explained to them and after understanding, they have affirmed same out of their free will and volition without - 7 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 there being any threat, coercion and/or undue influence from anyone. 6. Complainant acknowledges receipt of agreed amount of Rs.1,40,000/- in full by way of demand draft bearing no.519327 dated 17.08.2026 drawn on Canara Bank, Begur Branch, Bengaluru. 7. It was submitted, offence under Section 447 of IPC is compoundable. Insofar as Section 418 of IPC, it was submitted that though offence is non-compoundable, allegations would indicate that incident is purely inter parte in relation to a property and it would not have any societal impact and therefore, seek for grant of permission for compounding. 8. Learned HCGP fairly submitted appropriate orders may be passed. 9. Heard learned counsel and perused application for compounding and material on record. 10. Allegations reveal dispute is purely inter parte in relation to property and do not have societal impact. Hence, - 8 - HC-KAR CNR: KAHC010520352018 NC: 2026:KHC:44374 CRL.P No. 8245 of 2018 C/W CRL.P No. 582 of 2019 permission for compounding can be granted. In view of settlement, application for compounding and petitions are allowed. Order dated 29.08.2018 passed by V ACMM, Bengaluru in PCR no.29270/2011, subsequently re-numbered as CC no.24152/2018 and entire proceedings therein presently pending on file of IX ACMM, Bengaluru, stand quashed. Registry to intimate this order to trial Court. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 12