eCourtsIndia

N.Krishna vs. State Of Karnataka

Final Order
Court:High Court of Karnataka (Bangalore)
Judge:Hon'ble Shivashankar Amarannavar
Case Status:Disposed
Order Date:13 May 2025
CNR:KAHC010326752025
Download True Copy

AI Summary

This High Court order quashes criminal proceedings against N. Krishna for cheating (Section 420 IPC) after the victim, Samshad, confirmed settlement of the dispute and received compensation. The case highlights how certain criminal charges can be legally compounded with court permission when parties reach a mutual agreement, leading to the termination of the trial.

Ratio Decidendi:
An offence punishable under Section 420 of the Indian Penal Code, being compoundable with the permission of the Court, can be compounded when the parties involved reach a voluntary settlement, leading to the quashing of criminal proceedings.

Case Identifiers

Primary Case No:7049 OF 2025
Case Type:Criminal Petition
Case Sub-Type:CRL.P 482(Criminal Procedure Code) / 528(BNSS)-u/s 482/-u/s 528
Secondary Case Numbers:211200070492025, KAHC010326752025
Order Date:2025-05-13
Filing Year:2025
Court:High Court of Karnataka at Bengaluru
Bench:Single Judge
Judges:Hon'ble Shivashankar Amarannavar

Petitioner's Counsel

Sanjay Yadav B
Advocate - Appeared

Respondent's Counsel

Harish Ganapathi
High Court Government Pleader - Appeared
Kalicharan G.R
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

Respondent No.2, Samshad, lodged a complaint leading to the registration of Crime No.2/2024 at Madhugiri Police Station against unknown persons for an offense under Section 420 IPC. Subsequently, the police filed a charge sheet against the petitioner, N. Krishna, resulting in C.C.No.27/2024 before the Prl. Senior Civil Judge and JMFC, Madhugiri. The petitioner approached the High Court seeking to quash these proceedings. During the High Court proceedings, an application for compounding was filed, confirming a settlement between N. Krishna and Samshad, with Samshad receiving Rs. 30,000/- as per a trial court order.

Timeline of Events

2024

Respondent No. 2 filed a complaint.

2024

Crime No.2/2024 registered by Madhugiri Police Station for Section 420 IPC.

Prior to 2025-05-13

Police filed charge sheet against the petitioner for Section 420 IPC.

Prior to 2025-05-13

Case C.C.No.27/2024 registered against petitioner in Prl. Senior Civil Judge and JMFC, Madhugiri.

2025-05-13

Criminal Petition No. 7049 of 2025 filed in High Court.

2025-05-13

Application under Section 320(2) read with Section 482 of Cr.P.C. for compounding filed.

2025-05-13

High Court disposes of the petition, quashing proceedings.

Key Factual Findings

An application under Section 320(2) read with Section 482 of Cr.P.C. for compounding has been filed.

Source: Current Court Finding

The application for compounding is signed by the petitioner, respondent No.2, and their respective counsels.

Source: Current Court Finding

An affidavit of respondent No.2 is filed, stating that she has settled the matter with the petitioner.

Source: Current Court Finding

The offence punishable under Section 420 of IPC is compoundable with the permission of the Court.

Source: Current Court Finding

Respondent No.2 has received cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from the petitioner/accused, as per order of the trial Court.

Source: Recited from Respondent Pleading

Petitioner is not making any claim with regard to the said cash of Rs.30,000/-.

Source: Recited from Petitioner Pleading

Primary Legal Issues

1.Whether the criminal proceedings for an offense under Section 420 of IPC can be quashed based on a settlement between the parties.

Questions of Law

Is the offence punishable under Section 420 of IPC compoundable with the permission of the Court?

Statutes Applied

Indian Penal Code
420
Offence of cheating, which was the subject of the proceedings, compounded by the court.
Code of Criminal Procedure
482
Petitioner invoked this section to quash the proceedings.
Code of Criminal Procedure
320(2)
Application for compounding the offence was filed under this section.

Petitioner's Arguments

The petitioner, N. Krishna, sought to quash the entire proceedings against him in C.C. No. 27/2024. He stated that he had settled the matter with Respondent No. 2 and was not making any claim on the Rs. 30,000/- seized cash that was released to Respondent No. 2.

Respondent's Arguments

Respondent No. 1 (State) accepted notice. Respondent No. 2 (Samshad, the victim) filed an affidavit confirming that she had settled the matter with the petitioner and received Rs. 30,000/- in cash seized from the petitioner, as per the trial court's order.

Court's Reasoning

The Court noted that an application for compounding under Section 320(2) read with Section 482 of Cr.P.C. was filed, signed by both parties and their counsels. It was confirmed by Respondent No. 2's affidavit that the matter was settled and she had received the seized cash. The Court specifically stated that the offence under Section 420 of IPC is compoundable with the permission of the Court and granted such permission, leading to the quashing of proceedings.

Statutory Interpretation Method:
Literal
Judicial Philosophy Indicators:
  • Emphasis on Out-of-Court Settlement
  • Pragmatic approach to case disposal
Order Nature:Substantive
Disposition Status:Disposed
Disposition Outcome:Allowed

Impugned Orders

Prl. Senior Civil Judge and JMFC, Madhugiri
Case: C.C.No.27/2024
Date:

Specific Directions

  1. 1.The offence punishable under Section 420 of IPC registered against the petitioner is compounded.
  2. 2.The proceedings against the petitioner in C.C.No.27/2024 pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri are quashed.

Precedential Assessment

Persuasive (Other HC)

This is a High Court order based on a specific factual settlement and exercise of discretion for compounding a specific offence. While it confirms the compoundability of Section 420 IPC, its direct applicability is limited to similar factual matrices and the discretion of the court.

Tips for Legal Practice

1.For Section 420 IPC cases, explore early settlement opportunities as it is a compoundable offence with court permission.
2.Ensure proper documentation, including affidavits and joint applications, when seeking compounding of offences under Section 320 Cr.P.C.
3.Highlight the victim's willingness and confirmation of settlement to the court for a favourable outcome in compounding applications.

Legal Tags

Compounding of offence Section 420 IPCQuashing of criminal proceedings settlementHigh Court powers under Section 482 CrPCVictim settlement in cheating case IndiaPrecedent for compoundable offences quashing

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Admission

Before:

Hon'ble Shivashankar Amarannavar

Listed On:

13 May 2025

Order Text

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF MAY, 2025

BEFORE

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 7049 OF 2025

BETWEEN:

N. KRISHNA S/O NARASA HANUMAYYA AGED ABOUT 48 YEARS RESIDING AT MUKTAMBIKA BADAVANE BEHIND MUTYALAMMA TEMPLE KURUBARAHALLI ROAD, DODDABALLAPUR BANGALORE RURAL - 561 203.

…PETITIONER

(BY SRI SANJAY YADAV B, ADVOCATE)

AND:

  1. STATE OF KARNATAKA BY MADHUGIRI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

  1. SAMSHAD W/O SHAFFIK AHMED AGED ABOUT 34 YEARS RESIDING AT R N ROOPA VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU - 572 132.

…RESPONDENTS

(BY SRI HARISH GANAPATHI, HCGP FOR R1; SRI KALICHARAN G.R, ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 482 OF Cr.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE

PROCEEDINGS AS AGAINST THE PETITIONER IN CC No.27/2024 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI FOR THE OFFENCE OF PUNISHABLE UNDER SECTION 420 OF IPC REGISTERED BY 1ST RESPONDENT MADHUGIRI P.S.,

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

CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This application is filed by respondent No.1 under Section 482 Cr.P.C praying to quash the entire proceedings in C.C.No.27/2024 pending on the file of the Prl. Senior Civil Judge and JMFC, Madhugiri, registered for offence punishable under Section 420 of Indian Penal Code ("hereinafter referred to as IPC").

  1. On the complaint of respondent No.2, case has been registered against unknown persons in Crime No.2/2024 of Madhugiri Police Station for the offence punishable under Section 420 of IPC. The Police, after investigation filed chargesheet against the petitioner for offence punishable under Section 420 of IPC. Upon receipt of the chargesheet, a case came to be registered against the petitioner in

C.C.No.27/2024 for offence punishable under Section 420 of IPC which is pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri and the said criminal proceedings are sought to be quashed in the present petition.

  1. Learned High Court Government Pleader accepts notice for respondent No.1. Sri. Kalicharan G.R., learned counsel files vakalath for respondent No.2.

  2. Application under Section 320(2) read with Section 482 of Cr.P.C for compounding is filed and it is signed by the petitioner, respondent No.2 and their respective counsels. An affidavit of respondent No.2 is filed. The respondent No.2 submits that she has settled the matter with the petitioner. The same is also stated in her affidavit. The offence punishable under Section 420 of IPC is compoundable with the permission of the Court. Respondent No.2 is a victim. Respondent No.2 submits that she has received cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from the petitioner/accused, as per order of the trial Court.

  • 3 -

  1. Learned counsel for the petitioner submits that petitioner is not making any claim with regard to the said cash of Rs.30,000/- (Rupees Thirty Thousand only) seized from his possession and released to the respondent No.2.

  2. In view of the settlement between respondent No.2 and petitioner, the offence punishable under Section 420 of IPC registered against the petitioner is compounded. In view of compounding the proceedings against the petitioner on C.C.No.27/2024 pending on the file of Prl. Senior Civil Judge and JMFC, Madhugiri are quashed.

Accordingly, petition is disposed of.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

NM List No.: 1 Sl No.: 144 CT: BHK

Original Order Copy

Get a certified copy of this order

Share This Order

Case History of Orders

Order(1) - 13 May 2025

Final Order

Viewing
Similar Case Search