Machaiah K.M. v. the State of Karnataka by

Karnataka HC17 Nov 2025CRL.P/1021/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings; Section 482 Cr.PC; Section 528 BNSS; Sections 406 and 420 IPC read with Section 34; memorandum of settlement; mediation; O.S.No.8401/2023 City Civil Judge Bengaluru; CC No.11359/2024; Crime No.38/2024; Banasawadi/Banaswadi Police Station Bengaluru; compoundable offences; private dispute; withdrawal of cases; first informant undertaking; High Court of Karnataka; Justice Mohammad Nawaz; decided 17-11-2025.

What did the court decide?

Quashing of the entire proceedings in C.C.No.11359/2024 pending on the file of the IV Additional Chief Judicial Magistrate, Bengaluru. ¶¶49

Machaiah K.M. Vs the State of Karnataka by — Cheating and Forgery | Karnataka HC (2025)

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1 - NC: 2025:KHC:46991 CRL.P No. 1021 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1021 OF 2025 (482(Cr.PC) /

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528(BNSS))

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BETWEEN:

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MACHAIAH K.M.

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AGED ABOUT 82 YEARS, S/O LATE MACHAIAH,

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RESIDING AT NO. 32, SENA VIHAR, KAMMANAHALLI, BENGALURU 560 043.

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MRS SAROJA MACHAIAH AGED ABOUT 70 YEARS, W/O MACHAIAH K M RESIDING AT NO.32, SENA VIHAR, KAMMANAHALLI,

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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BENGALURU 560 043.

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K M THIMAYYA

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AGED ABOUT 45 YEARS, S/O MACHAIAH K M RESIDING AT NO.32, SENA VIHAR, KAMMANAHALLI, BENGALURU 560 043.

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…PETITIONERS

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(BY SRI.TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., ADVOCATE)

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2 - NC: 2025:KHC:46991 CRL.P No. 1021 of 2025

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HC-KAR

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AND:

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THE STATE OF KARNATAKA BY BANASAWADI POLICE STATION, BENGALURU CITY, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001.

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SHARASCHANDRA SANIL B AGED ABOUT 50 YEARS, S/O MADHAV SUVARNA, R/AT NO. 72/2, GROUND FLOOR, RAILWAY PARALLEL ROAD, KUMAR PARK WEST BENGALURU - 560 020.

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…RESPONDENTS

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(BY SRI. B N JAGADEESHA, ADDL.SPP, FOR R1; SRI PRAKASH SHETTY, ADVOCATE FOR R2)

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THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11359/2024 REGISTERED BY THE BANASWADI P.S. BENGALURU / 1ST RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420 R/W 34 OF IPC NOW THE CASE IS PENDING ON THE FILE OF HONBLE IV A.C.J.M BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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NC: 2025:KHC:46991 CRL.P No. 1021 of 2025

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HC-KAR

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ORAL ORDER

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Petitioners are seeking to quash the entire proceedings in CC No.11359/2024 pending on the file of the learned IV Additional Chief Judicial Magistrate, Bengaluru.

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Respondent No.2 herein is the first informant. Based on his complaint, case was registered against the petitioners in Crime No.38/2024 of Banasawadi Police Station, Bengaluru City. Charge sheet is filed for the offence punishable under Sections 406 and 420 r/w 34 of IPC.

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The learned counsel appearing on the both sides submits that parties have entered into a memorandum of settlement in O.S.No.8401/2023 on the file of City Civil Judge, Bengaluru, pursuant to which said suit has been disposed of.

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A copy of the memorandum of settlement has been furnished. As per the memorandum of settlement,

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4 - NC: 2025:KHC:46991 CRL.P No. 1021 of 2025

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HC-KAR

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the matter was referred to the mediation for resolution of

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the dispute, wherein the parties have resolved their disputes and respondent No.2 has undertaken to withdraw the cases filed against the petitioners.

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Para No.II (1) of the memorandum of

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settlement reads as under:

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"Both the parties had filed cases against each other. The plaintiff had filed in CC No.11359/2024 pending before the IV ACMM, Bengaluru against the defendants, W.P.No.12596/2024 & Crl.Petition No.1021/2025 filed by the defendants in connection with the aforesaid City Civil Court No.11359/2024, in view of this settlement both the parties have undertakes to withdraw all the cases filed against the each other".

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The dispute is private in nature and the

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offences are compoundable. In view of the settlement, it is expedient to quash the proceedings pending against the petitioners. Accordingly the following order.

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