- 1 - NC: 2025:KHC:5225 CRL.P No. 268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 268 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. ANKUSH JASWAL AGED ABOUT 38 YEARS D-1501 SAMUKH HILLS WESTERN EXPRESS HIGHWAY OPPOSITE SAMTA NAGAR POLICE STATION KANDIVALI EAST MUMBAI MAHARASHTRA 400 101. 2. MR. SHAILESH KUMAR FC-05, LAXMI STUDIOS SECTOR -16, NOIDA UTTAR PRADESH. …PETITIONERS (BY SRI. SOURABH AJAY GUPTA AND SRI. SATHIES KUMAR S.,ADVOCATES) AND: 1. STATE BY MARATHAHALLI POLICE STATION BENGALORE. REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE – 560 001. 2. MS. DEEPA GEORGE PRESENTLY AT HEAD LEGAL, KIDZEE MARATHAHALLI – 37. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. CHETAN TAYAL, A .,ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN SPL.C.C.NO.174/2020 FOR THE OFFENCE P/US/ 23 OF POCSO ACT 2012 PENDING ON THE FILE OF Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5225 CRL.P No. 268 of 2025 THE FTSC I AT BENGLAURU ARISEN OUT OF CRIME NO.92/2017 REGISTERED BEFORE THE MARATHAHALLI POLICE STATION FOR THE OFFENCE P/US/ 23 OF POCSO ACT 2017 (ANNEXURE A AND B) AGAINST THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “ WHEREFORE petitioner most humbly prays that this Hon’ble Court may be pleased to quash the proceedings in Spl.C.C.No.174/2020 for the offences punishable under section 23 of the POCSO Act 2012 pending on the file of FTSC-I at Bangalore arisen out of Crime No. 92/2017 registered before the Marathahalli Police Station for the offences punishable under Section 23 of the POCSO Act, 2017 (ANNEXURE-A and B), against the Petitioners herein, the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos. 1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 06.01.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. - 3 - NC: 2025:KHC:5225 CRL.P No. 268 of 2025 3. Petitioners – accused Nos. 1 and 2 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT “We, Mr. Ankush Jaswal, aged about 38 years, d- 1501, Samukh Hills, Western Express Highwa, Opposite Samta Nagar Police Station, Kandivali East, Mumbai, Maharashtra – 400101 now at Bangalore (Petitioner No.1/Accused No.1), Mr.Shailesh Kumar, FC-05, Laxmi Studios, Sector – 16, Noida, Uttar Pradesh, now at Bangalore (Petitioner No.2/Accused No.2), and Mr.Anish Shah, major, the authorised representative, Kidzee School, situated at Kariyammana Agrahara, Devarahisanahalli, Bangalore (Respondent No.2/Defacto Complainant) do hereby solemnly affirm and state as follows: 1. I, the Respondent No.2 herein state that on 28.03.2017, I have lodged a Complaint against the Petitioners and the same was registered by the Respondent No.1 vide Cr.No.92/2017 for the offences punishable under Section 23 of POCSO Act, 2012, against the Petitioners. 2. We state that on 09.08.2018 the Respondent has filed the Charge-Sheet and the case has now been numbered as Spl.C.C.No.174/2020 for the offences punishable under Section 23 of the POCSO Act 2012, pending on the file of FTSC-I at Bangalore. - 4 - NC: 2025:KHC:5225 CRL.P No. 268 of 2025 3. I, the Respondent No.2 herein state that I am not desirous of pursuing with the proceedings in SPl.C.C.No.174/2020 for the offences punishable under Section 23 of the POCSO Act 2012 pending on the file of FTSC-I at Bangalore arisen out of Crime No.92/2017 registered before the Marathahalli Police Station, against the Petitioners herein, and hereby seeking quashing of the same. 4. That the Petitioners and the Respondent No.2 state that the Petitioners and the Respondent No.2 have agreed to settle all their disputes related to the instant criminal proceedings. 5. That the Petitioners and the Respondent No.2 herein agree that they shall not initiate any legal proceedings against each other after the disposal of the instant legal proceedings. 6. That the Petitioners and the Respondent No.2 herein agree that this joint affidavit do not constitute an admission of guilt wrongdoing, or liability by any party. 7. That the offences alleged to have been committed by the Petitioners herein are compoundable with the permission of this Hon’ble Court and/or at the instance of the victim, the Respondent No.2 herein. - 5 - NC: 2025:KHC:5225 CRL.P No. 268 of 2025 Wherefore, we humbly pray before this Hon’ble Court to kindly compound the offences and quash the proceedings in Spl.C.C.No.174/2020 for the offences punishable under Section 23 of the POCSO Act 2012 pending on the file of FTSC-I at Bangalore arisen out of Crime No.92/2017 for offence punishable under Section 23 of the POCSO Act 2012 registered before the Marathahalli Police Station, against the Petitioners herein.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 06.01.2025. (ii) All further proceedings in Spl.C.C.No.174/2020 arising out of Crime No.92/2017 registered by the 1st respondent – Police for the offence punishable under Section 23 of the POCSO Act, 2017, pending on the file of FTSC-1, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.