01Facts
The petitioners, arrayed as accused Nos. 2 and 3, sought to quash the charge sheet in C.C. No. 23694/2023, pending before the III Additional Chief Judicial Magistrate, Bengaluru, for offences under Sections 406, 420 and 120-B read with Section 34 of the IPC.
pp. 3–6The case arose from a complaint concerning an apartment-sale transaction.
pp. 3–6The complainants and the petitioners informed the Court that they had amicably settled their disputes; the complainants acknowledged receipt of ₹50 lakh in full and final settlement and undertook not to pursue further proceedings arising from the transaction.
pp. 3–6A compromise petition was placed before the Court.
pp. 3–602Issues
i.Whether the charge sheet in C.C. No. 23694/2023 should be quashed insofar as the petitioners are concerned in view of the parties’ settlement.
pp. 3–703Law Applied
The petition invoked the High Court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, to seek quashing of the criminal proceedings.
pp. 2–3The alleged offences were under Sections 406, 420 and 120-B read with Section 34 of the IPC.
pp. 2–3The order cites no precedent and does not set out a separate legal test; it records the settlement and grants the requested relief in the circumstances of the case.
pp. 6–7Provisions in the judgment · 5 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 482
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Indian Penal Code, 1860 Section 406Section 420Section 34
04Reasoning
The Court noted that the complainants and petitioners had resolved their dispute, that the complainants had received ₹50 lakh as full and final settlement, and that they had undertaken not to pursue further civil or criminal claims arising from the transaction.
pp. 3–7Having taken the compromise petition and counsel’s submissions on record, the Court allowed the petition and quashed the charge sheet as against the petitioners.
pp. 3–705Holding
The Court allowed the petition and quashed the charge sheet in C.C. No. 23694/2023 for offences under Sections 406, 420 and 120-B read with Section 34 of the IPC, insofar as the petitioners were concerned.
p. 7Original Court PDF
SRI NARESH BABUvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
