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2025 Supreme(Online)(Kar) 35939

THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
SRI N GOPALAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 13791/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13791 OF 2024 BETWEEN:

1. SRI. N. GOPALAIAH, S/O. LATE RANGEGOWDA, AGED ABOUT 80 YEARS, 2. SMT. MEENAKSHI SHUKLA, W/O. DEEPAK G. GOWDA, AGED ABOUT 50 YEARS, 3. SMT. G. PALLAVI GOWDA, D/O. LATE N. GOPALAIAH, AGED ABOUT 51 YEARS, PETITIONERS 1 TO 3 ARE RESIDING AT NO. 9/1, Digitally 60 FEET ROAD, S.V. LAYOUT, signed by LAKSHMI T RMV 2ND STAGE, Location:

High Court BANGALORE-560094.

of Karnataka

4. SRI. ADINARAYANA, S/O. G. VENKATARAYAPPA, AGED ABOUT 48 YEARS, 5. SRI. R. SRIRAM S/O. LATE RANGAPPA, AGED ABOUT 58 YEARS, PETITIONERS 4 AND 5 ARE RESIDING AT NO. 1822, 5TH B MAIN ROAD, 24TH CROSS, 'C' BLOCK, SAHAKARANAGARA, BANGALORE-560 092.

…PETITIONERS (BY SRI. M. MUNIRAJU, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

2. SRI. DEGA DEVKUMAR REDDY, S/O. LATE DEGA RAMGOPAL REDDY, AGED ABOUT 65 YEARS, RESIDING AT VILLA NO. 33, COOK STREET, 11 DOWNING, WHITEFIELD, HOSKOTE ROAD, KANNAMANGALA, BIDARAHALLI HOBLI, BANGALORE EAST-560 049.

…RESPONDENTS (BY B.N. JAGADEESHA, ADDL. SPP FOR R1;

MS. ANJANA, ADVOCATE FOR R2)

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

PRAYING TO QUASH THE FIR IN CR.NO.380/2024 OF DODDABALLAPURA RURAL POLICE ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, DODDABALLAPURA BANGALORE RURAL DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 126(2), 308(2), 316(2), 318(4), 336(2), 340(2), 351(3) R/W SEC. 61 OF BNS

2023, AGAINST THE PETITIONERS FOR THE REASONS STATED ABOVE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioners are before this Court praying to quash the FIR in Crime No.380/2024 of Doddaballapura Rural Police Station, registered for the offence punishable under Sections 126(2), 308(2), 316(2), 318(4), 336(2), 340(2), 351(3) read with Section 61 of BNS 2023.

2. The Law was set in motion by respondent No.2, on the basis of which the aforementioned crime was registered against accused Nos.1 to 6. The complaint averments refers to sale of certain lands, wherein it is alleged that the accused with an intention to defraud the complainant, resorted to extortion, criminal intimidation and they conspired together and committed the offence of criminal breach of trust, cheating etc., 3. Petitioner Nos.4 and 5 as well as respondent No.2/defacto complainant are present before the Court. It is submitted by the learned counsel appearing for the parties that the matter has been amicably settled and pursuant to the same, respondent No.2 has no objection to quash the FIR in this case.

4. A joint memo is filed along with supporting affidavits of petitioner No.4 and respondent No.2/defacto complainant. The contents of the joint memo at para 1 to

7 are extracted hereunder:

"1. It is submitted that the Petitioners have filed the above Petition praying for quashing the F.I.R. in Crime No. 380/2024 of Doddaballapura Rural Police Station on the file of the Principal Civil Judge (Jnr.Dvn) and JMFC at Doddaballapur, Bangalore Rural District for the offences punishable under Sec. 126(2), 308 (2), 316 (2), 318(4), 336 (2), 340 (2) and 351(3) read with Sec. 61 of BNS, 2023.

2. It is submitted that during the pendency of the above Petition, the Petitioners and the 2nd Respondent have amicably settled the dispute among themselves on the following terms:

(a) The Respondent No.2 has agreed to receive a total sum of Rs.1,10,00,000/- (Rupees One. Crore Ten Lakhs only) from Petitioner Nos. 4 and 5 in full and final settlement of all his claims under the following Registered Agreements of Sale:

(1) Registered Agreement of Sale dated: 24-09-2007 entered into between Ashwini Kumar Shukla and Smt. Kiran Shukla, both represented by their Power of Attorney Holder Hariram Shukla with

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