IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13269 OF 2025 BETWEEN:

1. A. PADMANABHA ACHARYA, AGED ABOUT 62 YEARS, R/AT: 3-45, BOLIYAR HOUSE, BOLIYAR POST, BOLIYAR, DK DISTRICT – 574 153.

2. UMANATHA, S/O LATE KORAGA POOJARY, KUNJA RAGHU, AGED ABOUT 57 YEARS, R/AT 2-32-1, Digitally signed by NAGAVENI MULIHITHLU HOUSE, Location: High BOLIYAR, Court of MANGALURU, Karnataka D.K DISTRICT – 574 153.

…PETITIONERS (BY SRI. LETHIF B., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY ULLALA POLICE STATION, D.K DISTRICT, REPRESENTED BY S.P.P, HIGH COURT BUILDING, BENGALURU – 560 001.

2. SHARATH KUMAR, S/O LATE VENKATAPPA POOJARI, AGED ABOUT 52 YEARS, R/AT NO.1-30, KINYA MITHADA HOUSE, KINYA, D.K. DISTRICT - 575 023.

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

SRI. SAMPAT KUMAR, ADVOCATE FOR R2)

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

PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.56/2013 REGISTERED BY ULLALA P.S., FOR THE OFFENCES P/U/S 406, 409, 419, 420, 465, 468, 470, 471 R/W 149 OF IPC, ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. DISTRICT OF ULLALA POLICE STATION, IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri.Lethif B, the learned counsel for the petitioners, Sri.B.N.Jagadeesha, Addl. SPP for respondent No.1, Sri.Sampat Kumar, learned counsel for respondent No.2 and have perused the material on record.

2. The petitioners are different accused in C.C.No.56/2013. This Court has disposed Criminal Petition No.8696/2025 in terms of its order dated 10.07.2025 recording a settlement arrived at between the other accused. The offences were the ones punishable under Sections 406, 409, 419, and 420 of the Indian Penal Code, which were not against the State. Therefore, the compounding application was accepted and the crime stood obliterated qua those accused.

3. The petitioners are as observed hereinabove different accused and arrived at a settlement. A similar application seeking compounding has been preferred. The affidavit is as follows.

"AFFIDAVIT "I, Sharath Kumar S/o. Late Venkatappa Poojari Aged about 52 years, R/at: No.1-30, Kinya Mithada House, Kinya, D.K District 575 023, do hereby solemnly affirm and state on oath as follows.

1. I state that, I am the complainant in the above case and I know the facts and circumstances of the case. Hence I am deposing hereunder.

2. I state that, I have filed complaint due to miss- understanding and under the wrong impression that, these petitioners are directly involved in the alleged offence. 3. I state that, I had decided to give quietus to the dispute by withdrawing the allegation and I have no objection to quash the proceedings against the petitioners.

4. I state that, I know the contents of the affidavit; I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence.

Wherefore, I pray that, this Hon'ble Court may be pleased to permit the us to compound the offence consequently, quash the entire proceedings in C.C No.56/2013, for the Offence punishable under Section 406, 409, 419, 420, 465, 468, 470, 471 R/w 149 of IPC, on the file I Additional Senior Civil Judge and CJM, Mangaluru, D.K District, of Ullala Police Station, in the interests of justice."

4. In the light of the aforesaid circumstances of quashment of proceedings qua the other accused on the settlement and the similar settlement in a compounding application springing in the subject petition, as well, I pass the following:

ORDER

i. Criminal Petition is disposed ii. Proceedings against the petitioners in C.C.No.56/2013 pending on the file of I Additional Senior Civil Judge and CJM, Mangaluru, D.K. District of Ullala Police Station, stands quashed.

Sd/-

(M.NAGAPRASANNA)

JUDGE CBC List No.: 1 Sl No.: 9