- 1 - NC: 2025:KHC:6822 CRL.P No. 2035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2035 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. GOPALA KRISHNA @ GOPAL S/O. ERANAGAPPA, AGED ABOUT 28 YEARS, R/AT HUNASEMARADA HATTI, KASABA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572 132. 2. DARSHAN S., S/O. SHEKAR M., AGED ABOUT 26 YEARS, BEHIND SHANTHALA TALKIES, K.R BADAVANE, MADHUGIRI TOWN, TUMKUR DISTRICT-572 132. …PETITIONERS (BY SRI. MANJUNATH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOTHANUR POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. LALITHAMMA N., W/O NAGARAJU, AGED ABOUT 22 YEARS, HUNASEMARADA HATTI, KASABA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572 132. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. SHIVANANDA R., ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6822 CRL.P No. 2035 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN S.C.NO.118/2024, FOR THE OFFENCE PUNISHABLE UNDER SECTION 376, 343, 506 R/W 34 OF IPC, REGISTERED BY KOTHANUR P.S., BANGALORE, IN CR.NO.201/2022, PENDING ON THE FILE OF LIII ACC AND SJ, BENGALURU. 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, the Petitioners humbly pray that this Hon’ble Court be pleased to quash the entire proceedings in S.C.No.118/2024 for the offences punishable under section 376, 343, 506 r/w 34 of IPC registered by Kothanur P.S., Bangalore, in Cr.No.201/2022 pending on the file of LIII Additional City Civil and Sessions Judge, Bengaluru, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos. 1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Memo dated 14.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. - 3 - NC: 2025:KHC:6822 CRL.P No. 2035 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 Memo, which reads as under:- JOINT MEMO UNDER SECTION 320 R/W 482 OF THE CODE OF CRIMINAL PROCEDURE 1. We state that we are the Petitioners and respondent No.2 respectfully submits as follows. 2. We state that the 2nd respondent filed complaint against the petitioners before the 1st respondent police, the 1st respondent registered a case in Crime No.201/2022 for an offences punishable under section 376, 343, 506 R/w 34 of IPC offence against the petitioners which is pending before the LIII ACC & SJ, Bengaluru alleging that the petitioners committed physical sexual assault on her and obtained her cheque and blackmailed her, abused her with filthy language and threatened her with dare consequences hence she lodged compliant before respondent Police to register case against the petitioners. 3. We submits that the 2nd respondent lodged complaint against the petitioner with misconception of facts the only some financial dispute the petitioners they borrowed some amount from 3rd party and used for their own by obtaining her cheque but the petitioners were not abused nor committed any physical sexual assault now the petitioners and 2nd respondent entered in to compromise before the elders of the family, well-wishers not to proceed the criminal case each other with free will and consent and there was no - 4 - NC: 2025:KHC:6822 CRL.P No. 2035 of 2025 force or threat each other in their personal life and they agreed they will not interfere with each other. 4. 4. We submits that the petitioners paid sum of Rs.4,75,000/-(Four Lakh Seventy five thousand Rupees) to 2nd respondent by way of Cash in the presence of elders and well-wisher and also returned her Cheque bearing No.624839 Bank of Baroda, the 2nd respondent accepted the same and there is no any transaction pending between each other's. 4. We submits that in terms of the settlement arrived between the parties the respondent No.2 has agreed to withdraw the proceedings pending in SC.No.118/2024 of Kothanur Police Bangalore for an offences punishable under section 376, 343, 506 R/w 34 of IPC pending before the Hon'ble LIII ACC & SJ, Bengaluru. 5. We submits that there has been no collusion or force fraud or any undue influence entering into this compromise in the aforesaid manner similarly both the parties have no future claims each other. 6. We submits that the parties have affixed their signatures with their free consent without having any misrepresentation, fraud and undue influence. Wherefore we prayed before this Hon'ble court be pleased to quash the entire proceedings in SC.No.118/2024 for an offences punishable under section 376, 343, nnnnnnnn506 R/w 34 of IPC pending on the file of LIII ACC & SJ, Bengaluru against the petitioners in the ends of justice.” - 5 - NC: 2025:KHC:6822 CRL.P No. 2035 of 2025 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 Memo dated 14.02.2025. (ii) All further proceedings in S.C.No.118/2024 arising out of Crime No.201/2022 registered by the 1st respondent – Police for the offences punishable under Sections 376, 343, 506 r/w 34 of IPC, pending on the file of LIII Addl.City Civil and Sessions Judge, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 90