Allowed¶67

Sri Vinodha, v. State of Karnataka

Karnataka HC24 Mar 2026CRL.P/16928/2025

Case brief

AI extract

What is this about?

Doctrine of parity in quashing FIR against co-accused; BNS 2023 Sections 316(2), 316(4), 318(2), 318(3), 3(5); FIR Crime No.162/2024, Arasikere Town Police Station; Manapuram/Manappuram Finance Ltd. gold-pledge misappropriation Rs.44,32,778/-; settlement/compounding under Section 320 r/w 528 BNSS with Rs.40,00,000/- payment; parity with quashed accused No.1 per Crl.P.No.2644/2025 (Madhu N.S., 01.07.2025); quashment of proceedings qua accused No.2; Karnataka HC petition under 482 Cr.PC / 528 BNSS.

What did the court decide?

Quashing of the entire proceedings pursuant to FIR in Crime No.162/2024 registered by respondent No.1-Police for offences under Sections 316(2), 316(4), 318(3), 3(5) of BNS, 2023, pending on the file of Senior Civil Judge and JMFC, Arasikere, insofar as the petitioner is concerned. ¶67

Sri Vinodha, Vs State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the quashment by this Court (Crl.P.No.2644/2025, order dated 01.07.2025) of the proceedings against accused No.1 in Crime No.162/2024, the petitioner – accused No.2 – was entitled to seek parity and have the proceedings against him quashed.

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Court's answer

It being an undisputed fact that the proceedings against accused No.1 in Crime No.162/2024 had been quashed by this Court in Crl.P.No.2644/2025, the Court held that, applying the Doctrine of Parity, the proceedings against the petitioner (accused No.2) also deserved to be quashed.

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Detailed headnote1 paragraphs

Criminal Petition No. 16928 of 2025 (filed under Section 482 Cr.P.C. / Section 528 BNSS), High Court of Karnataka (S.R. Krishna Kumar, J.), decided 24-03-2026: The petitioner, arraigned as accused No.2 in FIR Crime No.162/2024 of Arasikere Police Station (offences under Sections 316(2), 316(4), 318(2), 318(3), 3(5) of BNS - 2023, arising from alleged misuse of pledged gold ornaments and misappropriation of Rs.44,32,778/- at the Manapuram Finance Ltd., Arsikere branch), sought quashing of the proceedings pending before the Senior Civil Judge and JMFC, Arsikere. Proceedings against accused No.1 had already been quashed by this Court in Crl.P.No.2644/2025 (Madhu N.S. v. State of Karnataka, order dated 01.07.2025) pursuant to a Memorandum of Settlement/Compromise under Section 320 r/w Section 528 BNSS, under which accused No.1 paid Rs.40,00,000/- towards full and final settlement and the complainant consented to withdrawal of the prosecution. Holding that, on the undisputed fact of the quashment qua accused No.1, the petitioner was entitled to seek parity, the Court applied the Doctrine of Parity, allowed the petition, and quashed the entire proceedings pursuant to the FIR insofar as the petitioner (accused No.2) is concerned.

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NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 16928 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI VINODHA, S/O C RAJU, AGED ABOUT 25 YEARS, R/AT SANJAYA NAGARA PETE, BANAVARA, BANAVARA HOBLI, ARSIKERE TALUK – 573 103. HASSAN DISTRICT, PREVIOUSLY WORKING AT ASSISTANT BRANCH HEAD, MANAPURAM FINANCE LTD., ARSIKERE TOWN, HASSAN DISTRICT.

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…PETITIONER

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(BY SRI. JAGADEESH H. T., ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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STATE OF KARNATAKA BY ARSIKERE TOWN POLICE STATION, ARSIKERE, REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 01.

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SRI SAJIN T., S/O TANGANADAR, AGED ABOUT 33 YEARS, R/AT ARIA MANAGER, MANAPURAM FINANCE LTD., OPP. APMC MARKET, ARSIKERE TOWN – 573 103. HASSAN DISTRICT. …RESPONDENTS (BY SRI. DIVAKAR MADDUR, HCGP FOR R1; SRI. ANISH JOSE ANTONY, ADVOCATE FOR R2)

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2 - NC: 2026:KHC:16521 CRL.P No. 16928 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 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.162/2024 ARASIKERE POLICE STATION PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT ARSIKERE FOR THE OFFENCES P/U/S 316(2), 316(4), 318(2), 318(3), 3(5) OF BNS 2023 AND ALLOW THIS PETITION WITH COSTS THROUGHOUT.

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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 quashing the proceedings arising out of FIR in Crime No.162/2024 registered by the Arasikere Police Station, Bengaluru, pending on the file of Senior Civil Judge and JMFC, Arsikere, for the offences punishable under Sections 316(2), 316(4), 318(2), 318(3), 3(5) of BNS - 2023.

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Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

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A perusal of the material on record will indicate that the petitioner – Sri.Vinoda was arraigned as accused No.2 along with 3 others, who were arraigned as accused Nos.1, 3 and 4 pursuant to FIR in Crime No.162/2024. The offences alleged against the

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NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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petitioner and other accused are under Sections 316(2), 316(4), 318(2), 318(3), 3(5) of BNS - 2023.

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In this context, learned counsel for the petitioner

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invited my attention to the order dated 01.07.2025 passed by this Court in Crl.P.No.2644/2025 as against accused No.1, in order to point out that in view of the quashment of the aforesaid offences against accused No.1, the petitioner who is accused No.2, would be entitled to seek parity.

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This Court in the case of Madhu N.S. Vs. The State of Karnataka and Anr., – Crl.P.No.2644/2025 dated 01.07.2025 ,

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quashed the criminal proceedings qua accused No.1 in Crime No.162/2024 and held as under:

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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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NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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

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3. 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 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 repledged the said gold ornaments to the finance through their friends and relatives and borrowed the loan from the Manapuram Gold Finance corporation, 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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NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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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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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

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NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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Town Police Station, Arasikere, 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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4. In view of the aforesaid settlement entered into between the petitioner and 2nd 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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In the instant case, it is an undisputed fact that proceedings as against accused No.1 has been quashed by this Court in Crl.P.No.2644/2025 and consequently, by applying the Doctrine of Parity, proceedings against the petitioner - accused No.2 in this petition also deserves to be quashed.

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In the result, I pass the following:

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7 - NC: 2026:KHC:16521 CRL.P No. 16928 of 2025

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HC-KAR

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ORDER

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(i) The petition is hereby allowed.

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(ii) The entire proceedings pursuant to FIR in Crime

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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 Senior Civil Judge and 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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MDS

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List No.: 1 Sl No.: 23

Sri Vinodha, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Vinodha, v. State of Karnataka

Case brief

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