Following settlement, continuation of the property-dispute prosecution would be an abuse of process.

Respondent No. 2 alleged that the petitioners and other accused conspired to create documents and transfer lands in Malliyappanahalli that she claimed belonged to her and her husband.

The allegations concerned, among other things, a declaration purportedly relinquishing her claim, subsequent changes to revenue records, and a sale deed in favour of accused No. 3.

Following investigation on a private complaint referred under Section 156(3) CrPC, a charge sheet was filed for offences under Sections 417, 418, 420, 465, 467, 468 and 471 read with Section 34 IPC, and the Magistrate took cognizance and issued process.

Respondent No. 2 had also brought a civil suit challenging the sale deed; the petitioners submitted that the dispute had been settled and that respondent No. 2 had executed a confirmation deed affirming the sale deed.

Respondent No. 2 did not dispute the settlement.

1. Whether the criminal proceedings against the petitioners should be quashed in light of the parties’ settlement and respondent No. 2’s confirmation of the sale deed.

2. Whether continuing the prosecution after that settlement would be futile or an abuse of the process of the Court.

The petition invoked the High Court’s inherent jurisdiction under Section 482 CrPC (Section 528 BNSS) to seek quashing of criminal proceedings.

The Court applied that jurisdiction to the circumstances before it, finding that where the parties had settled the dispute and continuation of the prosecution would be futile and an abuse of process, the proceedings could be quashed.

The Court noted that respondent No. 2 accepted the petitioners’ account of the settlement and the confirmation deed, and that proceedings against accused Nos. 3 and 6 in the same case had previously been quashed.

In light of the settlement, it concluded that continuing the prosecution against the petitioners would serve no purpose and would amount to an abuse of the process of the Court.