REKHA SHANKAR v. STATE OF KARNATAKA
Case at a glance
- Bench
- H P SANDESH
- Neutral citation
- 2026:KHC:9085
Outcome
Disposed of
petition is disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 320, 482
- Indian Penal Code, 1860 ss. 406, 420
Key paragraphs
- Para 44. Considered the application filed under Section 320 of Cr.P.C. and also the joint memo. The dispute is - 4 - NC: 2026:KHC:9085 CRL.P No. 784 of 2025 HC-KAR inter se between the private parties and not against the State. In the judgment of Apex…
Judgment
(BY SRI VINAYA KEERTHY M, ADVOCATE) AND:
STATE OF KARNATAKA BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-560001
T VITTAL KUMAR AGED ABOUT 48 YEARS, S/O PARVATHA RAO T, SECRETARY, SMR EMBASSY APARTMENT - 2 - NC: 2026:KHC:9085 CRL.P No. 784 of 2025 HC-KAR OWNERS WELFARE ASSOCIATION, FLAT NO.307, 3RD CROSS, RAMA RAO LAYOUT, KATRIGUPPE, BANASHANKARI III STAGE, BENGALURU- 560 085 (BY SMT. RASHMI PATEL, HGCP FOR R1; SRI OMKARESH, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET IN C.C. NO. 22768/2022 FILED BY THE FIRST RESPONDENT - CHANNAMMANAKERE ACHUKATTU POLICE AGAINST THE PETITIONER HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420 R/W 34 IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This petition is filed by accused No.4 praying this Court to quash the proceedings initiated against her for the offences punishable under Sections 406 and 420 of IPC. - 3 - NC: 2026:KHC:9085 CRL.P No. 784 of 2025 HC-KAR
2. Earlier, this Court heard the matter in part. Now, the matter is compromised between the parties. To that effect, the parties have filed the joint memo stating that matter is compromised between them and payment will be made terms of the compromise i.e., Rs.1,00,000/- (the same is already paid) and dates for payment is also fixed as on 06.03.2026 - Rs.3,00,000/-, on 06.04.2026 – Rs.3,00,000/- and on 02.05.2026 – Rs.3,00,000/-. The parties have also produced the resolution passed by SMR Embassy Apartment Owners' Welfare Association and also acknowledgement for having received the amount of Rs.1,00,000/-.
I.A.No.1/2026 is also filed under Section 320 of Cr.P.C. praying this Court to permit to compound the offences in terms of the joint memo and compromise and the same is supported by an affidavit.
Operative part
Considered the application filed under Section 320 of Cr.P.C. and also the joint memo. The dispute is - 4 - NC: 2026:KHC:9085 CRL.P No. 784 of 2025 HC-KAR inter se between the private parties and not against the State. In the judgment of Apex Court reported in (2012) 10 SCC 303 in the case of GAIN SINGH vs STATE OF PUNJAB AND ANOTHER it is held that if dispute is between the private parties, the same can be compounded. Having taken note of the principles laid down in the judgment referred supra and the dispute is between the private parties, it is appropriate to quash the proceedings as sought. Accordingly, I.A.No.1/2026 is allowed and the proceedings initiated against petitioner is quashed subject to payment as undertaken in the compromise. If payment is not made as agreed, the respondent/complainant is given liberty to proceed against the petitioner in accordance with law. Accordingly, the petition is disposed of. Sd/- (H.P.SANDESH) JUDGE SN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 320, 482; Indian Penal Code, 1860 — ss. 406, 420.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.