Allowed¶71

Sri Y S Yatheesh Chandra v. the State of Karnataka

Karnataka HC6 Aug 2025CRL.P/9057/2023

Case brief

AI extract

What is this about?

Quash of FIR; Section 482 Cr.P.C.; Cr.No.95/2023 (Sections 306, 34 IPC); Cr.No.03/2023 and PCR No.1/2023 order dated 13.01.2023 (Sections 120B, 384, 406, 417, 419, 420, 506 r/w 34 IPC); Shikaripura Town Police, Shivamogga; amicable settlement, joint memo dated 30.09.2024, C.C.No.32305/2021 XXIII ACMM Bengaluru; accused Nos.2, 8, 9, 10; cheque bounce cases; Justice J.M.Khazi; Karnataka High Court; decided 06.08.2025.

What did the court decide?

All three criminal petitions allowed; FIR in Cr.No.95/2023 (Crl.P Nos.9057 & 9177/2023) and FIR in Cr.No.03/2023 (Crl.P No.8461/2023) quashed; Registry directed to send copy of the order to the trial Court forthwith. ¶71

Sri Y S Yatheesh Chandra Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶71

Issue for consideration

Whether the FIR in Cr.No.95/2023, registered by Shikaripura Town Police for offences punishable under Sections 306 and 34 of IPC and pending on the file of the Senior Civil Judge and JMFC, Shikaripura, should be quashed qua the petitioners (accused Nos.8, 9 and 10) in Crl.P Nos.9057 and 9177 of 2023. +1 more

¶25

Court's answer

In light of respondent No.2's memos recording the amicable settlement (joint memo dated 30.09.2024) and her no objection, Crl.P No.9057/2023 and Crl.P No.9177/2023 are allowed.

¶65

Ratio / Principle

The FIR in Cr.No.95/2023 on the file of the Senior Civil Judge and J.M.F.C, Shikaripura is quashed.

¶71

Key takeaways

On the submissions of learned counsel for petitioner/accused No.2, and since Crl.P Nos.9057/2023 and 9177/2023 stand allowed, Crl.P No.8461/2023 filed under Section 482 of Cr.P.C is also allowed.ratio¶82
The FIR in Cr.No.03/2023 on the file of the Senior Civil Judge and J.M.F.C, Shikaripura is quashed.ratio¶83
The Registry is directed to send a copy of the order to the trial Court forthwith.ratio

Detailed headnote1 paragraphs

Criminal petitions under S.482 Cr.P.C. seeking quashing of two FIRs registered by Shikaripura Town Police: (i) Cr.No.95/2023 for offences punishable under Sections 306 and 34 IPC (filed by accused Nos.8, 9 and 10 in Crl.P Nos.9057/2023 and 9177/2023); and (ii) Cr.No.03/2023, registered on 18.01.2023 pursuant to the order dated 13.01.2023 in PCR No.1/2023 of the Senior Civil Judge and JMFC, Shikaripura, for offences punishable under Sections 120B, 384, 406, 417, 419, 420, 506 read with 34 IPC (Crl.P No.8461/2023 by accused No.2). Respondent No.2 filed memos stating that the disputes with the petitioners in C.C.No.32305/2021 (XXIII ACMM, Bengaluru) stood amicably settled by joint memo dated 30.09.2024 and that she had no objection to quashing of the proceedings in Crl.P Nos.9057/2023 and 9177/2023; counsel for accused No.2 urged extension of like relief to Crime No.3/2023. Allowing all three petitions, the Court quashed both FIRs and directed the Registry to send a copy of the order to the trial Court forthwith.

¶1

¶2

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 6^TH DAY OF AUGUST, 2025

¶6

BEFORE

¶7

THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9057 OF 2023 (482(Cr.PC)

¶8

/ 528(BNSS)-)

¶9

C/W

¶10

CRIMINAL PETITION NO. 8461 OF 2023 CRIMINAL PETITION NO. 9177 OF 2023

¶11

IN CRL.P No. 9057/2023

¶12

BETWEEN:

¶13

Digitally signed by REKHA R Location: High Court of Karnataka

¶14

SRI Y S YATHEESH CHANDRA S/O SUBBEGOWDA R, AGED ABOUT 39 YEARS, R/O NO. 337, 8TH CROSS, LAKSHMIPURAM, BANGALORE - 560 019.

¶15

(BY SRI. SANTHOSH KUMAR M B., ADVOCATE)

¶16

…PETITIONER

¶17

AND:

¶18

THE STATE OF KARNATAKA BY SHIKARIPURA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

¶19

¶20

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶21

HC-KAR

¶22

SMT. ARPITHA D.K D/O KOTRESHAPPA D, AGED ABOUT 27 YEARS, R/A T VINAYAKA NAGARA MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA - 577 427.

¶23

…RESPONDENTS

¶24

(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VARUN GOWDA., ADVOCATE FOR R2)

¶25

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.95/2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, REGISTERED BY THE RESPONDENT NO.1 SHIKARIPURA TOWN POLICE FOR THE OFFENCE P/U/S 306 AND 34 OF IPC VIDE ANNEXURE-A AND B WITH RESPECT TO THE PETITIONER, ACCUSED NO.8

¶26

IN CRL.P NO. 8461/2023

¶27

BETWEEN:

¶28

SANDESHA M H S/O MARAYA C AGED ABOUT 39 YEARS, R/O 3RD MAIN, BIKASI PURA, ISRO LAYOUT, BENGALURU - 560 078.

¶29

...PETITIONER

¶30

(BY SRI. SYED AKBAR PASHA., ADVOCATE)

¶31

AND:

¶32

STATE OF KARNATAKA SHIKARIPURA TOWN POLICE SHIVAMOGGA DIST R/P BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001

¶33

ARPITA D K D/O D KOTRESH

¶34

¶35

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶36

HC-KAR

¶37

AGED ABOUT 25 YEARS, R/O VINAYAKANAGARA MAIN ROAD, NEAR ANGANAWADI CHENNAKESHAVA NAGAR, SHIKARIPURA TOWN, SHIVAMOGGA DIST - 577 427

¶38

...RESPONDENTS

¶39

(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 SERVED)

¶40

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC SHIKARIPURA IN PCR NO.1/2023 DATED 13.01.2023 AND FURTHER PLEASE TO QUASH THE FIR NO.3/2023 REGISTERED BY THE SHIKARIPURA TOWN POLICE ON 18.01.2023, FOR THE OFFENCE P/U/S 120B, 384, 406, 417, 419, 420, 506, 34 OF IPC, SO FAR AS PETITIONER IS CONCERNED.

¶41

IN CRL.P NO. 9177/2023

¶42

BETWEEN:

¶43

SRI DHRUVA KUMAR S/O M.B.NINGEGOWDA, AGED ABOUT 37 YEARS, NO 39, 2ND FLOOR, 3RD CROSS, RELIABLE SILVER OAK LAYOUT, DINNE ANJANAEYA SWAMY TEMPLE ROAD, HARALURU ROAD, BANGALORE-560 102.

¶44

SRI. SANDESH M.H S/O LATE MARAIAH C AGED ABOUT 36 YEARS, NO 39, 2ND FLOOR, 3RD CROSS, RELIABLE SILVER OAK LAYOUT, DINNE ANJANAEYA SWAMY

¶45

¶46

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶47

HC-KAR

¶48

TEMPLE ROAD, HARALURU ROAD, BANGALORE-560 102.

¶49

...PETITIONERS

¶50

(BY SRI. D P MAHESH., ADVOCATE)

¶51

AND:

¶52

THE STATE OF KARNATAKA BY SHIKARIPURA TOWN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560 001.

¶53

SMT. ARPITHA D.K D/O KOTRESHAPPA D AGED ABOUT 27 YEARS, R/AT VINAYAKA NAGARA MAIN ROAD, SHIKARIPURA TOWN, SHIVAMOGGA-577427.

¶54

...RESPONDENTS

¶55

(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VARUN GOWDA., ADVOCATE FOR R2)

¶56

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.95/2023, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, REGISTERED BY THE RESPONDENT NO.2 POLICE (SHIRAKRIPURA TOWN POLICE) FOR THE OFFENCE P/U/S 306 AND 34 OF IPC AND CONSEQUENTIAL PROCEEDINGS VIDE ANNEXURE-A AND B.

¶57

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

¶58

¶59

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

HC-KAR

ORAL ORDER

CRL.P.NO.9057/2023 & CRL.P.NO.9177/2023

¶64

Sri.Varun Gowda, learned counsel for respondent No.2 has filed separate memos on behalf of respondent No.2 stating that criminal proceedings are initiated by petitioners against respondent No.2 in C.C.No.32305/2021 on the file of XXIII ACMM, Bengaluru City. In the said proceedings respondent No.2 and petitioners have amicably settled the dispute by filing a joint memo dated 30.09.2024. In view of the same, respondent No.2 has no objection to quash the proceedings in Crl.P No.9057/2023 and Crl.P No.9177/2023.

¶65

In the light of the same, Crl.P No.9057/2023 and Crl.P No.9177/2023 are allowed.

¶66

ORDER

¶67

(i)	Crl.P	No.9057/2023	filed	by	the
	petitio	ner/accused	No.8		and
	Crl.P	No.9177/2023	filed	by	the

¶68

6 - NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶69

HC-KAR

¶70

petitioners/accused Nos.9 and 10 under Section 482 of Cr.P.C, are allowed.

¶71

(ii) The FIR in Cr.No.95/2023 on the file of the Senior Civil Judge and J.M.F.C, Shikaripura is hereby quashed.

¶72

(iii) The Registry is directed to send copy of this order to the trial Court forthwith.

¶73

ORAL ORDER IN CRL.P NO.8461/2023

¶74

Learned counsel for the petitioner/accused No.2 submits that respondent No.2 filed the complaint in Crime No.3/2023 alleging the offences punishable under Sections 120-B, 384, 406, 417, 419, 420, 506 r/w 34 of IPC, based on which cheque bounce cases were filed by the petitioner who is the complainant in the said case. Since, the said two cases which are in respect of Crl.P No.9057/2023 and Crl.P No.9177/2023 are settled, this petition may also be allowed and the criminal proceedings may be quashed.

¶75

¶76

NC: 2025:KHC:30623 CRL.P No. 9057 of 2023 C/W CRL.P No. 8461 of 2023 CRL.P No. 9177 of 2023

¶77

HC-KAR

¶78