Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7296 OF 2025 BETWEEN:
MR. SANTHOSH G, AGED ABOUT 36 YEARS, SON OF MR. GOPAL NAIDU, R/AR NO.288/A, SHRI KRISHNA NILAYA, 17TH 'C' MAIN ROAD, 23RD CROSS, HSR LAYOUT, FRIENDS PARK BACK GATE, BENGALURU - 560 061. …PETITIONER (BY SRI. NIRMALA M, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, BENGALURU RURAL DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
MRS. MANJULA, AGED ABOUT 26 YEARS, W/O. RAKESH, RESIDING AT CHANDRA BUILDING, 1ST FLOOR, SAADARA BEEDHI, ATTIBELE TOWN, ANEKAL TALUK, BENGALURU RURAL DIST - 562 107. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1;
SMT. PREETHI, ADVOCATE FOR R2) Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2908/2025 ARISING OUT OF CR.NO.242/2024 REGISTERED BY RESPONDENT NO.1 ATTIBELE P.S.
BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 420, 506 OF IPC PENDING BEFORE THE LEARNED I ADDL.CIVIL JUDGE AND J.M.F.C AT ANEKAL, BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs:-
"i. Quash the entire proceedings in C.C.No.2908/2025 (arising out of Crime No.0242/2024) registered by Respondent No.1 Attibele Police Station, Bengaluru against the petitioner for the offence punishable under Section 420 & 506 of the Indian Penal Code, pending before the Learned 1st Additional Civil Judge and JMFC, Anekal, Bengaluru Rural District. c. To pass any other order as this Court deems to fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
2.
Learned counsel for the petitioner and learned counsel for respondent No.2 have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 -
HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025
3. Petitioner/accused and respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
"JOINT MEMO The Respondent No.2 and the Petitioner most respectfully submit as follows:
1. That the Respondent No.2, Smt. Manjula Sasikumar, has filed a complaint bearing Crime No. 242/2024 under Sections 420 and 506 read with Section 34 of the Indian Penal Code, registered at Attibele Police Station. The said case has been taken cognizance of and is now pending as C.C.No. 5533/2024 before the Hon'ble Court of the I Additional Civil Judge and JMFC, Anekal. 2. That the Respondent No.2 has also instituted the following cases against the Petitioner, Mr. Santhosh @ Santhosh G., and his wife, Mrs. Shravanthi, W/o Santhosh G., before the Hon'ble III Additional Civil Judge and JMFC, Attibele. a. P.C.R No.308/2024, (under section 223 of Bharathiya Nagarik Suraksha Sanhita Read with Sec 138 of Negotiable Instruments Act) b. P.C.R No.308/2024, (under section 223 of Bharathiya Nagarik Suraksha Sanhita Read with Sec 138 of Negotiable Instruments Act)
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025
3. It is submitted that, through the intervention of friends and well-wishers, the disputes between Respondent No.2 and the Petitioner along with his wife have been amicably resolved. Both parties have agreed to compromise and have mutually settled their disputes outside the Court. 4. 4. It is submitted that Respondent No.2, of her own free will and consent, has agreed to the settlement and has received the entire settlement amount through Demand Drafts (Manager's Cheques), as mutually agreed between the parties. 5. It is submitted that the Petitioner and Respondent No.2 have jointly filed a Joint Memo, confirming the settlement of disputes and seeking disposal of the P.C.R. cases filed by Respondent No.2 against the Petitioner and his wife. The final orders passed in the said P.C.R. cases are produced herewith and marked as Annexure - E and Annexure - F.
6. 6.
It is submitted that the Petitioner has handed over the Demand Drafts (Manager's Cheques) to Respondent No.2, the details of which are as follows: Sl. No. DATE D.D.No's AMOUNT AMOUNT IN WORDS
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025
1. 03-03-2025 000322 3,50,000/- Three Lakh Fifty Thousand
2. 04-03-2025 000324 1,30,000/- One Lakh Thirty Thousand Total Amount 4,80,000/- Four Lakh Eighty Thousand
7. It is submitted that On 08.03.2025, the parties appeared before the Lok Adalat in P.C.R. No. 308/2024 and P.C.R. No. 306/2024 at the Anekal Court and submitted a Joint Memo recording the settlement between them. 8. It is submitted that the Respondent No.2 and the Petitioner have entered into the settlement of their own free will and consent, without any force, pressure, or coercion from any person. It is further submitted that both parties have mutually agreed not to initiate any further legal proceedings against each other in the future in respect of the same cause of action. 9. It is submitted that, in view of the above- stated settlement, the Respondent No. 2 and the Petitioner have amicably resolved and settled all their disputes
10. It is submitted that the Respondent No.2 has agreed that, in future, she shall not raise any further claims of any nature whatsoever against the Petitioner arising out of or in connection with the same facts and circumstances relating to the above-
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025 mentioned cases. It is submitted that the Respondent No.2 and the Petitioner both agreed and hereby undertake to abide the conditions of the compromise as above stated as in Joint Memo. 11. It is submitted that the Petitioner and Respondent No.2 have mutually agreed and decided to amicably settle their disputes outside the Court and to seek disposal of the cases filed by Respondent No.2 against the Petitioner and his wife. 12.
It is submitted that Respondent No.2 has agreed to file a Joint Memo before this Hon'ble High Court, along with the Petitioner, for disposal of the pending case in C.C. No. 5533/2024 (arising out of Crime No. 242/2024), which is presently pending before the Hon'ble Court of the I Additional Civil Judge and JMFC, Anekal. WHEREFORE, the Petitioner and Respondent No-2 above named humbly prays that this Hon'ble Court may be pleased to: a. Quash the FIR in Crime No.242/2024, along with the charge sheet registered against the Petitioner by Respondent No.1 - Attibele Police Station, based on the complaint filed by Respondent No.2-Smt. Manjula Sasikumar, for the alleged offences punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code, which is presently pending before the Hon'ble Court of the II Additional Civil Judge and JMFC, Anekal;
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025 b. Quash the entire proceedings in C.C. No. 5533/2024 (arising out of Crime No. 242/2024), which is also pending before the Hon'ble Court of the II Additional Civil Judge and JMFC, Anekal; c. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. SD/-
SD/- ADVOCATE FOR PETITIONER PETITIONER" SD/-
SD/- ADVOCATE FOR RESPONDENT NO.2 RESPONDENT NO.2 VERIFICATON We, Santhosh.G & Manjula, the parties herein, do hereby declare that what is stated above in the joint Memo para's 1 to 12 is true to the best of our knowledge, information, faith and belief."
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER (i) The petition is disposed of in terms of Joint Memo dated 24.06.2025. (ii) The proceedings in C.C.No.2908/2025 (arising out of Crime No.242/2024 of 1st respondent- Police) registered for the offences punishable
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HC-KAR NC: 2025:KHC:22082 CRL.P No. 7296 of 2025 under Sections 420 and 506 of IPC pending on the file of I Additional Civil Judge and JMFC, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 37 CT: BHK