Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:1823 WP No. 705 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 705 OF 2025 (GM-RES)
BETWEEN:
NAVEEN @ NAVEEN RAI S/O PANDURANGA RAO AGED ABOUT 37 YEARS, PRESENTLY R/AT NO.3051, OPPOSITE TO GALAXY HOSPITAL, NEAR KATRIGUPPE WATER TANK, BSK 3RD STAGE, BENGALURU -85 PERMANENT ADDRESS NO.2014, SINGANAMANE, BHADRAVATHI TOWN, SHIVAMOGGA, KARNATAKA.
…PETITIONER (BY SRI. MOHANKUMARA D.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY CHANNAMMANAKERE ACHU KATTU POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001.
2.
SMT. MANJULA B.L W/O LATE BASAVARAJU, AGED ABOUT 72 YEARS, R/AT NO.12, FLAT NO.1, SAI SUMUKA APT, 1ST CROSS,
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:1823 WP No. 705 of 2025
VIVEKANADA NAGAR, KATRIGUPE, BENGALURU - 85.
…RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1;
SRI. NAVEEN J, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENTIRE PROCEEDINGS, IN SO FAR AS THE PETITIONER/ ACCUSED IS CONCERNED, INITIATED BY LEARNED XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY, IN CC NO.
7756/2019 FOR THE OFFENCES PUNISHABLE UNDER SEC 420, 380 AND 506 OF IPC, ON THE BASIS OF THE F.I.R REGISTERED BY THE RESPONDENT CHANNAMMANAKERE ACHU KATTU POLICE IN CRIME NO. 0223/2018 VIDE ANNX-C.
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, petitioner has sought for the following relief:-
"Issue a Writ of Certiorari or other appropriate writ or order seeking to quash the entire proceedings, in so far as the Petitioner / Accused is concerned, initiated by Learned XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru City, in C.C No. 7756/2019 for the offences punishable under Section 420, 380 and 506 of Indian
- 3 -
NC: 2025:KHC:1823 WP No. 705 of 2025
Penal Code, on the basis of the F.I.R registered by the Respondent Channammanakere Achu Kattu Police in Crime No.0223/2018 vide ANNEXURE - С."
2. Learned counsel for the petitioner - accused and learned counsel for 2nd respondent - have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsels and the same is taken on record. 3. The petitioner - accused and 2nd respondent are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“1. It is submitted that Petitioner and Respondent, after several discussions and with mutual consent, have agreed to resolve their dispute in an amicable and constructive manner, without further prolonging the litigation. This Joint Memo is submitted as a testament to their shared intent to end the current proceedings peacefully and in the spirit of mutual respect. 2. It is submitted that the matter pertains to allegations made under C.C. No.7756/2019, wherein the Respondent No.2 had initially filed a complaint against the Petitioner for offences alleged under Section 420, 380 and 506 of IPC. During the pendency of these proceedings, both parties, with the assistance of mutual well-wishers, engaged in constructive discussions to
- 4 -
NC: 2025:KHC:1823 WP No. 705 of 2025
address the grievances raised in complaint. As a result, they have mutually agreed upon a settlement that addresses the interests and concerns of both parties. 3. It is submitted that the parties agree to the following terms as full and final settlement of the dispute:
➤ The Petitioner has agreed to pay the Respondent No.2 an amount of Rs.2,40,000/- [Rupees Two Lakhs Forty Thousand only) as a full and final settlement of all claims, grievances, and allegations arising from the complaint in C.C. No.7756/2019.
➤ The payment has been made by way of Demand Draft bearing No. 757829, dated 24.12.2024, drawn on State Bank of India, Bengaluru, in favor of Respondent No.2, which Respondent No.2 acknowledges as complete satisfaction of any and all claims. ➤ Respondent No.2 hereby agrees to withdraw all allegations, claims, and grievances made against the Petitioner in the present case, and has no further objections or claims arising out of the subject matter of this dispute. 4. It is further submitted that, both parties affirm that, by entering into this settlement, they have no further claims, grievances, or demands against each other related to the current proceedings or any other matter arising from the facts and circumstances leading to this case. The parties jointly state that they will refrain from initiating any future legal actions or claims against each
- 5 -
NC: 2025:KHC:1823 WP No. 705 of 2025
other in relation to this matter, thereby seeking to bring an end to all forms of litigation or disputes arising from the present case. 5. It is submitted that, in light of the settlement reached and the amicable resolution of all issues between the parties, the Petitioner and Respondent No.2 jointly submit that the continuation of these proceedings serves no purpose and would only lead to unnecessary hardship for both parties. Therefore, it is jointly requested that this Hon'ble Court exercise its inherent powers under Section 482 of Code of Criminal Procedure, 1973, and quash the entire proceedings initiated against Petitioner in C.C. No.7756/2019, in the interest of justice and in light of the settlement achieved. 6. It is submitted that, both parties declare that this Joint Memo is submitted voluntarily, without any undue influence, coercion, or pressure.
The terms have been agreed upon with a clear understanding and full acceptance of their implications, and both the Petitioner and Respondent No.2 are acting in good faith to bring a peaceful conclusion to this dispute. WHEREFORE, in view of the terms of this Joint Memo and the settlement reached between the parties, it is humbly prayed that this Hon'ble Court may be pleased to accept this Joint Memo as a conclusive record of the settlement reached between Petitioner and Respondent No.2 and to quash the entire proceedings against the Petitioner initiated by the Learned XXXVII Addl. Chief
- 6 -
NC: 2025:KHC:1823 WP No. 705 of 2025
Metropolitan Magistrate, Bengaluru, in C.C No. 7756/2019.”
4. In view of the aforesaid compromise entered into between the petitioner and 2nd respondent, the impugned proceedings in C.C.No.7756/2019 on the file of the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru City pursuant to FIR in Crime No.223/2018 pending on the file of the II Additional C.M.M Court, Bangalore, are hereby quashed. 5. Petition stands disposed of accordingly in terms of the said joint memo. Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB