Citation : 2026 Latest Caselaw 2813 Kant
Judgement Date : 1 April, 2026
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NC: 2026:KHC:17952
WP No. 9466 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9466 OF 2024 (GM-RES)
BETWEEN:
1. UMESHAPPA R,
AGED ABOUT 68 YEARS,
S/O LATE RANGAPPA,
R/AT NO. 103, 5th CROSS,
BEHIND HOYSALA HOTEL,
VIDYANAGARA,
TUMKURU - 572 013.
2. DR. ARUNKUMAR U,
S/O UMESHAPPA R,
AGED ABOUT 32 YEARS,
PERMANENT R/O NO.103,
5tH CROSS,
BEHIND HOYSALA HOTEL,
VIDYANAGARA,
TUMAKURU - 572 013,
Digitally signed by (SENIOR CITIZEN BENEFIT NOT CLAIMED)
SANJEEVINI J
KARISHETTY CURRENTLY RESIDING AT
Location: High NO.3, TELIPARA ROAD,
Court of Karnataka
BHAWANIPUR,
KOLKATTA - 700025,
WEST BENGAL.
...PETITIONERS
(BY SRI.RAJATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
ARSIKERE TOWN POLICE STATION,
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NC: 2026:KHC:17952
WP No. 9466 of 2024
HC-KAR
REPRESENTED BY SPP,
HIGH COURT BUILDING,
BENGALURU 560 001.
2. SRI. PRAKASH B,
S/O BOJAPPA,
AGED ABOUT 57 YEARS,
R/AT 6th CROSS,
MALLESHWARA NAGARA,
ARASIKERE TOWN ,
HASSAN - 573 103.
...RESPONDENTS
(BY SRI.B.N.JAGADEESHA, ADDL.SPP FOR R1;
SRI.JAGANATHA REDDY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C., PRAYING TO QUASH CHARGE SHEET
AND THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 AND 2 IN CC.NO.24/2024
ARISING OUT OF THE CRIME NO.181/2023 FOR OFFENCES
PUNISHABLE U/S 417 AND 34 OF IPC, PENDING ON THE FILE
OF THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, ARASIKERE
AT ANNEXURES-C AND D.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2026:KHC:17952
WP No. 9466 of 2024
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question
the proceedings in C.C.No.24/2024 pending before the Senior
Civil Judge and JMFC, Arasikere, for offences punishable under
Sections 417 and 34 of the Indian Penal Code.
2. Heard Sri. Rajath, learned counsel appearing for the
petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing
for respondent No.1, Sri.Jaganatha Reddy, 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 compounding application along with Joint affidavit of
settlement. The Joint affidavit of settlement so filed reads as
follows:
"We, Umeshappa R, aged about 70 Years, S/o Late Rangappa, R/at: No.103, 5th Cross, Behind Hoysala Hotel, Vidyanagara, Tumakuru-572013, today at Bengaluru, and Sri Prakash B, S/o Bojappa, aged about 57 Years, R/at:6th Cross, Malleshwara Nagara, Arasikere Town, Hassan-573103, do hereby solemnly affirm and state on oath as follows:
NC: 2026:KHC:17952
HC-KAR
1. The top noted Memorandum of Petition has been preferred by the Petitioners with a prayer to pass an order quashing the proceedings in C.C 24/2024 arising out of Cr.No.181/2023 for the offences punishable under Sections 417 and 34 of I.P.C pending on the file of the Ld. Sr Civil Judge and J.M.F.C Arsikere to meet the ends of justice.
2. It is prayed that this Hon'ble Court may be pleased to read the Memorandum of Petition along with this application to avoid repetition of facts.
3. At the intervention of elders, well-wishers and friends, the dispute between the parties have agreed to be solved between the parties and to buy peace and to maintain harmonious relationships between the parties, both the Petitioners and the Complainant and his family, have come forward to settle the disputes inter-se existing between them once and for all.
4. In pursuance of the settlement, the Petitioners have obtained a D.D Dt.10.03.2026 bearing No.465451 drawn on State Bank of India, Arsikere Branch in favour of the Respondent No.2, and have issued the same on this day, i.e 01.04.2026 to the Respondent No.2.
5. It is humbly stated that the compromise entered into between the parties is not out of force, coercion or by misrepresentation and that parties are before this Court out of their own will and volition.
6. It is further made clear that no parties shall interfere in the life and affairs of the other parties pursuant to the present settlement.
PRAYER
WHEREFORE, it is humbly prayed that, in view of the Settlement/Compromise entered into between the parties, this Hon'ble Court may be pleased to pass an order quashing the proceedings in C.C 24/2024 arising out of Cr.No.181/2023 for the offences punishable under Sections 417 and 34 of I.P.C pending on the file of the Ld. Sr Civil Judge and J.M.F.C Arsikere to meet the ends of justice."
NC: 2026:KHC:17952
HC-KAR
4. The parties to the lis are before this Court and are
identified by their respective counsels.
5. In the light of application for compounding being
filed along with Joint affidavit of settlement and offences not
being against the State, I deem it appropriate to accept the
compounding application and terminate the proceedings against
the petitioners in the subject petition.
6. For the aforesaid reasons, the following:
ORDER
[i] Writ Petition is disposed.
[ii] Proceedings in C.C.No.24/2024 pending before the
Senior Civil Judge and JMFC, Arasikere, qua the
petitioners stands quashed.
SD/-
(M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 53
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