Madhu N.S. Vs the State of Karnataka

SAJIN. T S/O TANGANADAR, AGED ABOUT 33 YEARS, R/O ARIA CHIEF MANAPURAM FINANCE LTD, HASSAN-573201 IN FRONT APMC MARKET, ARASIKERE TOWN, RESIDING AT: C/O SHRIDAR ARASIKERE, HASSAN DIST-57 320.

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. ANISH JOSE ANTONY, ADVOCATE FOR R-2)

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NC: 2025:KHC:23518 CRL.P No. 2644 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED AGAINST THE PETITIONER IN CRIME NO.0162/2024 REGISTERED BY ARASIKERE TOWN POLICE STATION, HASSAN DIST, FOR THE OFFENCE PUNISHABLE UNDER 316(2), 316(4), 318(2), 318(3), 3(5) OF BHARATIYA NYAYA SANHITA, 2023 VIDE ANNEXURE A, PENDING ON THE FILE OF CIVIL JUDGE (SR.DN.) JMFC AT ARASIKERE.

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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 S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:-

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“a) Quash the FIR filed against the petitioner in Crime No.0162/2024 Registered by Arasikere Town Police Station, Hassan District for offence punishable Under 316(2), 316(4), 318(2), 318(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, vide Annexure-A, pending on the file of Civil Judge (Sr.Dn) JMFC at Arasikere in the interest of justice and equity.”

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b) Grant such other reliefs as this Hon’ble Court deems fit in the fact and Circumstances of the of the case in the interest of justice and equity.”

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Learned counsel for the petitioner – accused No.1 and learned counsel for 2^nd respondent – complainant have filed Memorandum of Settlement / Compromise petition accompanied by Affidavits of both the parties all dated 01.07.2025 duly signed by

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NC: 2025:KHC:23518 CRL.P No. 2644 of 2025

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HC-KAR

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the petitioner, 2^nd respondent and their respective counsel and the same are taken on record.

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Petitioner – accused No.1 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Memorandum of Settlement / Compromise petition, which reads as under:-

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MEMORANDUM OF SETTLEMENT / COMPROMISE PETITION FILED UNDER SECTION 320 R/W SECTION 528 OF BHARTIYA NAGARIK SURAKSHA SANHITA

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FOR COMPOUNDING AND COMPROMISE

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“Petitioner and Respondent No 1 and 2 most respectfully begs to submit as follows.

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1. The complaint came to be filed by the Respondent No.2 herein against the petitioner and others on 06-12-2024, alleging that, the petitioner and others who are working in the Manapuram Finance Ltd at Arsikere branch. The petitioner working as a branch manager he colluding with the other officials misuse the pledged gold ornaments of the costumers, instead of keep the same in the safe locker of the finance corporation the petitioner along with other officials are re-pledged the said gold ornaments to the finance through their friends and relatives and borrowed the loan from the Manapuram Gold Finance corporation,

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NC: 2025:KHC:23518 CRL.P No. 2644 of 2025

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HC-KAR

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thereby the petitioner and others misappropriate the fund sum of Rs.44,32,778/-. Based on the said allegation complaint came to be filed by the Respondent no.2 and FIR registered by the Arasikere town police station, Arasikere, Hassan district in crime No. 0162/2024, for the offence punishable under section 316(2), 316(4), 318(3), 3(5) of BNS 2023, the same is pending before the court of Civil Judge (Sr.Dv) JMFC court at Arasikere.

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2. It is submits that, the petitioner decided to settled the issue with the Respondent No.2 amicably on the intervention of the higher officials and friends and family members of the petitioner under said circumstances if the matter is settled by compensating the Respondent No.2 by paying the amount then apprehension of Respondent No.2 is suitably met with in this regard. The both the parties agreed to put an end to the criminal proceedings initiated by the Respondent No.2 against the petitioner and others in Crime No. 162/2024 registered by the Arasikere Police. Hassan Dis.

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3. It is submits that, the petitioner paid sum of Rs 40,00,000/- (forty lakhs) towards full and final settlement in favour of Respondent that is Manappuram Finance company limited, by way of DD Bearing Nos. 584575, 584572, 574578, 584573, and 584574 dated 30-06-2025 For sum of In favour Rs. of 8,00,000/-[Eight Lakh each] in favour of Manappauram Finance limited issued by the State Bank of India and Karnataka Gramina Bank.

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NC: 2025:KHC:23518 CRL.P No. 2644 of 2025

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HC-KAR

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4. It is submits that, Respondent No. 2 acknowledged the receipt of DD for sum of Rs 40,000,00/- (Forty lacks only) towards full and final settlement of the case and Respondent No 2 had no objection to withdraw the complaint registered against the petitioner and others for the offenses stated above. The Respondent No.2 is not continue the prosecution against petitioner as well as other accused in view of the settlement arrived between them by receiving the amount.

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5. It is submits that, on the above mentioned terms the petitioner paid the amount sum of Rs 40,00,000/-(Forty Lacks) by way of DD before this Hon'ble court and same is acknowledge by the Respondent No.2. He shall not continue the any prosecution against the petitioner and others on behalf of the Manappuram finance Ltd and consented for compound the offence alleged against the petitioner and no objection to quash the FIR registered against the petitioner and other accused. Herein after there is no claim whatsoever against the petitioner and other and withdraw the allegation made against them.

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6. It is submit that with the above terms both the parties are agrees to settle their dispute pending in the above case, and no claims against each other in future.

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Where this Hon'ble court be pleased to permit the petitioner and Respondent No 2 to compound /compromise in the above proceedings accordingly quash the entire proceedings and FIR filed in Crime No.0162/2024 registered by the Arasikere Town Police Station, Arasikere,

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NC: 2025:KHC:23518 CRL.P No. 2644 of 2025

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HC-KAR

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Hassan District, for the offence punishable under section 316(2), 316(4), 318(3), 3(5) of BNS 2023, the same is pending before the court of Civil Judge (Sr.Dv) JMFC court at Arasikere in the interest of justice.”

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In view of the aforesaid settlement entered into between the petitioner and 2^nd respondent, I pass the following:

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ORDER

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(i) Petition is disposed of in terms of the Memorandum of Settlement / Compromise petition dated 01.07.2025.

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(ii) The entire proceedings pursuant to FIR in Crime No.162/2024 registered by the 1^st respondent – Police for the offences punishable under Sections 316(2), 316(4), 318(3), 3(5) of BNS, 2023, pending on the file of Civil Judge (Sr.Dn) & JMFC, Arasikere, insofar as the petitioner is concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

Madhu N.S. v. the State of Karnataka

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Madhu N.S. v. the State of Karnataka

Case brief

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