Facts
The petitioners, described as landowners who had entered into a Joint Development Agreement with a company, sought to quash the criminal proceedings in Crime No. 32/2020 of Cubbon Park Police Station.
Source reference: p. 5–6The case concerned alleged offences under Sections 406, 409, 420, 120B and 34 of the IPC.
Source reference: p. 5–6The petitioners submitted that proceedings against accused Nos. 1 to 3 had already been quashed by a coordinate Bench in W.P. No. 13265/2021 after settlement between the de facto complainant and the company. The State opposed the petition; counsel for respondent No. 2 was absent.
Source reference: p. 5–6Issues
1. Whether the criminal proceedings against the petitioners should be quashed in light of the settlement between the de facto complainant and the company and the earlier quashing order concerning accused Nos. 1 to 3.
Source reference: p. 5–62. Whether the petitioners, as landowners who entered into the Joint Development Agreement, had made out a case for quashing the pending proceedings.
Source reference: p. 6Law Applied
The petition invoked Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashing of the investigation and criminal proceedings.
Source reference: p. 5–6The alleged offences were under Sections 406, 409, 420, 120B and 34 of the IPC.
Source reference: p. 5–6The Court referred to the coordinate Bench’s order in W.P. No. 13265/2021, dated 3 November 2025, in which proceedings against accused Nos. 1 to 3 had been quashed following settlement.
Source reference: p. 5–6The judgment does not set out a separate test or detailed doctrinal analysis governing quashing.
Source reference: p. 5–6Reasoning
The Court noted that the dispute between the parties had been settled and that the petitioners were landowners who had entered into the Joint Development Agreement with accused No. 1.
Source reference: p. 6It also considered the earlier order quashing proceedings against accused Nos. 1 to 3 and, after reviewing the record, concluded that the petitioners had made out a case for quashing the pending proceedings.
Source reference: p. 6The judgment does not provide further analysis of the alleged offences or the application of specific quashing principles.
Source reference: p. 6Holding
The Court allowed the writ petition and quashed the proceedings in Crime No. 32/2020 of Cubbon Park Police Station, pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, for alleged offences under Sections 406, 409, 420, 120B and 34 of the IPC.
Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Indian Penal Code, 18604
Original Court PDF
SRI B S N HARIvsSTATE OF KARNATAKA
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