[Cites 2, Cited by 0]
Karnataka High Court
Sri. P Elumalai vs M. Suresh on 23 March, 2026
-1-
NC: 2026:KHC:16549
CRL.P No. 13783 of 2025
C/W CRL.P No. 13770 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO. 13783 OF 2025 C/W
CRIMINAL PETITION NO. 13770 OF 2025
IN CRL.P No. 13783/2025
BETWEEN:
SRI. P ELUMALAI
S/O PERUMAL,
AGED ABOUT 51 YEARS,
R/AT NO. 1523,
9TH MAIN ROAD,
2ND STAGE,
RAJAJINAGAR,
BENGALURU-560 010
...PETITIONER
(BY SRI. SUPREETH S., ADVOCATE)
AND:
Digitally signed by
NAGARAJA B M 1. M. SURESH
Location: HIGH
COURT OF S/O K MANI,
KARNATAKA
AGED ABOUT 54 YEARS,
R/AT NO.15/A,
MILK COLONY,
MALLESHWARAM WEST,
BENGALURU-560 055
2. SMT L K AKILA
AGED ABOUT 47 YEARS,
D/O L K RAJU,
R/AT NO.38/11,
2ND MAIN ROAD,
G D PARK EXTENSION,
-2-
NC: 2026:KHC:16549
CRL.P No. 13783 of 2025
C/W CRL.P No. 13770 of 2025
HC-KAR
VYALIKAVAL,
BENGALURU-560 003
...RESPONDENTS
(BY SMT.K.GAYATHRI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE
PROCEEDINGS AGAINST THE PETITIONER IN
C.C.NO.17240/2019 FOR THE OFFENCE P/U/S
419,423,420,453,468,471 OF IPC PENDING BEFORE THE
HONBLE VII ADDL.C.M.M COURT BENGALURU VIDE ANNEXURE-
A AND CONSEQUENTLY ORDER DATED 17.07.2019 IN PCR
NO.27/2016 VIDE ANNEXURE-B.
IN CRL.P NO. 13770/2025
BETWEEN:
SRI. VEERANNA L
S/O LATE LAKKAPPA,
AGED ABOUT 54 YEARS,
R/AT NO. 80, LKR APARTMENT,
LKR NAGAR, RMV 2ND STAGE,
BENGALURU-560 094
...PETITIONER
(BY SMT. K.GAYATHRI, ADVOCATE)
AND:
1. M. SURESH
S/O K. MANI,
AGED ABOUT 54 YEARS,
R/AT NO. 15/A, MILK COLONY,
MALLESWARAM WEST,
BENGALURU -560055
2. SMT L.K. AKILA
AGED 47 YEARS,
D/O L.K. RAJU,
R/AT NO. 38/11,
2ND MAIN ROAD,
-3-
NC: 2026:KHC:16549
CRL.P No. 13783 of 2025
C/W CRL.P No. 13770 of 2025
HC-KAR
G.D. PARK EXTENSION,
VYALIKAVAL,
BENGALURU-560 003
...RESPONDENTS
(BY SMT.S.K.PRATHIMA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE
PROCEEDINGS AGAINST THE PETITIONER IN
C.C.NO.17240/2019 FOR OFFENCE P/US/
419,423,420,453,468,471 OF IPC PENDING BEFORE THE
HONBLE VII ADDL CMM BENGALURU VIDE ANNEXURE A
AND CONSEQUENTLY ORDER DATED 17.07.2019 IN PCR
NO.27/2016 VIDE ANNEXURE B.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned petitions are filed seeking quashing of
the proceedings pending in C.C.No.17240/2019.
2. Learned counsel appearing for the petitioners
and the respondent/complainant fairly concede that in
view of amicable settlement between accused No.1 and
complainant, the proceedings pending in
C.C.No.17240/2019 are quashed by this Court in Criminal
Petition No.9110/2025.
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HC-KAR
3. This Court therefore deems it fit to extract para
3 and 4 which reads as under:
"3. On being queried, the complainant who
is present before this Court, acknowledged the
settlement recorded by this Court in RFA
No.1425/2019 c/w RFA No.1639/2019. He also
admits now that in view of settlement, the parties
have withdrawn the appeals and therefore, he has
no objection to quash the proceedings against
accused No.1.
4. Recording his statement and taking
cognizance of the settlement recorded in appeals
before this Court and since some of the offences
are non-compoundable, this Court, exercising its
jurisdiction under Section 482 of Cr.P.C, deems it
fit to quash the proceedings to give a quietus to
the dispute between the parties."
4. On a careful and meticulous examination of the
settlement entered into between accused No.1 and the
complainant, this Court is of the considered opinion that
the substratum of the criminal proceedings does not
survive, even insofar as the present petitioners are
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HC-KAR
concerned. The allegations levelled against the present
petitioners arise out of the very same transaction and set
of facts which formed the basis of the proceedings against
accused No.1. Once the dispute between the complainant
and the principal accused has been amicably resolved,
continuation of proceedings against the co-accused would
not serve any meaningful purpose and would amount to an
abuse of process of law.
5. A perusal of paragraph No.3, extracted supra,
would clearly indicate that the complainant has
unequivocally acknowledged the settlement arrived at in
RFA No.1425/2019. The complainant has further stated
that, in view of the said settlement, he has agreed to
withdraw the appeals and has categorically expressed that
he has no objection for quashing of the proceedings
against accused No.1. The said statement reflects a
conscious and voluntary decision on the part of the
complainant to bring an end to the entire dispute.
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HC-KAR
6. In the considered view of this Court, the
statement so made by the complainant cannot be
construed in isolation or restricted only to accused No.1.
Having regard to the nature of allegations and the
commonality of the accusations made against all the
accused persons, the benefit of the settlement necessarily
enures to the present petitioners as well. The allegations
against accused Nos.2 and 5 being inseparable from those
made against accused No.1, the complainant's consent for
quashing proceedings must be extended to the present
petitioners also.
7. In light of the aforesaid discussion and taking
into consideration the settlement between the parties, this
Court is satisfied that continuation of the criminal
proceedings would be wholly unwarranted. Accordingly,
recording the submission of the complainant, this Court
proceeds to pass the following:
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HC-KAR
ORDER
(i) The petitions are hereby allowed;
(ii) The proceedings in C.C.No.17240/2019
pending on the file of the VII Additional Chief
Metropolitan Magistrate, Bengaluru, vide
Annexure-A, stand quashed insofar as the
present petitioners/accused Nos.2 and 5 are
concerned.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 2 Sl No.: 105
