Allowed¶36

Smt L K Akila v. Mr M Suresh

Karnataka HC11 Sept 2025CRL.P/9110/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No.9110/2025; Justice Sachin Shankar Magadum; 11 September 2025; petitioner Smt. L.K. Akila (accused No.1, counsel Smt. Prathima S.K.); respondents Mr. M. Suresh (R1/complainant, counsel Sri. Kempe Gowda) and Sri. P. Elumalai (R2); quashing of proceedings in C.C.No.17240/2019 (Sections 419, 423, 420, 453, 468, 471 IPC) arising from order dated 17.07.2019 in PCR No.27/2016; quashed under Section 482 Cr.P.C. following settlement recorded in RFA No.1425/2019 c/w RFA No.1639/2019 and complainant's no-objection; petition allowed.

What did the court decide?

Petition allowed; proceedings in C.C.No.17240/2019 (Sections 419, 423, 420, 453, 468 and 471 IPC) before the VII Addl. Chief Metropolitan Magistrate Court, Bengaluru quashed insofar as petitioner-accused No.1 is concerned. ¶36

Smt L K Akila Vs Mr M Suresh — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings pending in C.C.No.17240/2019 against the petitioner (accused No.1), arising out of order dated 17.07.2019 in PCR No.27/2016, could be quashed in exercise of jurisdiction under Section 482 of Cr.P.C. on the ground of an amicable settlement between the parties, even though some of the offences are non-compoundable.

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Court's answer

Taking cognizance of the settlement recorded in RFA No.1425/2019 c/w RFA No.1639/2019 (wherein the parties withdrew the appeals) and of the complainant's statement of no objection, and since some of the offences are non-compoundable, this Court exercised its jurisdiction under Section 482 of Cr.P.C. and deemed it fit to quash the proceedings to give a quietus to the dispute between the parties.

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Ratio / Principle

The proceedings pending in C.C.No.17240/2019 for the offences punishable under Sections 419, 423, 420, 453, 468 and 471 of IPC before the VII Addl. Chief Metropolitan Magistrate Court, Bengaluru, are quashed insofar as the present petitioner-accused No.1 is concerned.

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Detailed headnote1 paragraphs

High Court of Karnataka (Sachin Shankar Magadum, J.), Criminal Petition No.9110/2025, decided on 11-09-2025: On a joint memo with affidavit of respondent No.1-complainant and production of the final order in RFA No.1425/2019 c/w RFA No.1639/2019 evidencing an amicable settlement, the Court recorded the complainant's acknowledgment of the settlement, the withdrawal of the appeals, and his no-objection, and — although some of the offences (Sections 419, 423, 420, 453, 468, 471 IPC) are non-compoundable — exercised its jurisdiction under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.17240/2019 pending before the VII Addl. Chief Metropolitan Magistrate Court, Bengaluru, insofar as petitioner-accused No.1 is concerned, to give a quietus to the dispute.

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NC: 2025:KHC:36076 CRL.P No.9110/2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.9110/2025

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

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SMT. L.K. AKILA AGED ABOUT 47 YEARS D/O L.K. RAJU R/AT NO.38/11, 2^ND MAIN ROAD G.D. PARK EXTENSION VYALIKAVAL, BENGALURU 560 003.

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(BY SMT. PRATHIMA S.K. ADV.,)

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…PETITIONER

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AND:

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MR. M. SURESH S/O K. MANI AGED ABOUT 54 YEARS R/AT NO.15/A, MILK COLONY MALLESHWARAM WEST BENGALURU 560 055.

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SRI. P. ELUMALAI S/O PERUMAL AGED ABOUT 51 YEARS R/AT NO.1523, 9TH MAIN ROAD 2ND STAGE, RAJAJINAGAR BENGALURU 560010.

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…RESPONDENTS

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(BY SRI. KEMPE GOWDA, ADV., FOR R1 (NOTICE NOT ORDERED))

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NC: 2025:KHC:36076 CRL.P No.9110/2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.17240/2019 FOR OFFENCES P/U/S 419, 423, 420, 453, 468, 471 OF IPC PENDING BEFORE THE HONBLE VII ADDL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU VIDE ANNEXURE A AND CONSEQUENTLY ORDER DATED 17.07.2019 IN PCR NO.27/2016 VIDE ANNEXURE B IN THE INTEREST OF JUSTICE AND EQUITY.

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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 SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by accused No.1 seeking

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quashing of the proceedings pending in C.C.No.17240/2019 for the offences punishable under Sections 419, 423, 420, 453, 468 and 471 of IPC.

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Today, a joint memo is filed annexing the affidavit of respondent No.1-complainant. A memo is also filed producing the final order copy in RFA No.1425/2019 c/w RFA No.1639/2019, to demonstrate that the matter is amicably settled between the parties.

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On being queried, the complainant who is present before this Court, acknowledged the settlement

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NC: 2025:KHC:36076 CRL.P No.9110/2025

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HC-KAR

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recorded by this Court in RFA No.1425/2019 c/w RFA No.1639/2019. He also admits now that in view of settlement, the parties have withdrawn the appeals and therefore, he has no objection to quash the proceedings against accused No.1.

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Recording his statement and taking cognizance of the settlement recorded in appeals before this Court and since some of the offences are non-compoundable, this Court, exercising its jurisdiction under Section 482 of Cr.P.C, deems it fit to quash the proceedings to give a quietus to the dispute between the parties.

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