- 1 - HC-KAR NC: 2025:KHC:20674 WP No. 16952 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16952 OF 2025 (GM-RES) BETWEEN: SRI.T. RAMAIAH S/O LATE THIMMAIAH, AGED ABOUT 82 YEARS, R/AT NO. 1A, DWARAKA ROAD, 2ND STAGE, BEL LAYOUT, BYADARAHALLI, BENGALURU- 560 091 …PETITIONER (BY SRI. VASANTH KUMAR H. T., ADVOCATE) AND: SMT. MANJULA W/O LATE MUNIRAJU AGED ABOUT 45 YEARS, R/AT NO.32, 2ND CROSS, 1ST MAIN ROAD, KENCHENAHALLI, RAJARAJESHWARINAGARA, BENGALURU – 560 098 …RESPONDENT (BY SMT, KANCHANA MALA S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CIVIL PROCEDURE PRAYING TO ISSUE A WRIT OR ORDER QUASHING THE IMPUGNED ORDER PASSED IN CC 6943/2024 ARISING OUT OF PCR NO.10187/2018 DATED 13.02.2024 FOR THE OFFENCE PUNISHABLE U/S. 406, 409, 468, 471, 417 AND 420, 120(B) R/W. SECTION 34 OF IPC PENDING ON THE FILE OF 3RD ADDITIONAL CHIEF METROPOLITAN MAGISTRATE VIDE ANNEXURE - B. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20674 WP No. 16952 of 2025 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:- “a) Issue a writ or order quashing the impugned order passed in C.C.No.6943/2024 arising out of PCR No.10187/2018 dated 13.02.2024 for the offence punishable under Sections 406, 409, 468, 471, 417, 420, 120(B) read with Section 34 of IPC pending on the file of 3rd Additional Chief Metropolitan Magistrate vide Annexure-B. b) Pass any order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for the respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- - 3 - HC-KAR NC: 2025:KHC:20674 WP No. 16952 of 2025 “JOINT MEMO The Petitioner and the Respondent above named most humbly and respectfully submit as follows: 1. The petitioner and the Respondent submits that, the Respondent has filed the PCR No.10187/2018 before the Hon'ble 3rd Additional Chief Metropolitan Magistrate for the offence punishable under Section 403, 405, 406, 420, 120(b) R/w. Section 34 of IPC against the Petitioner. The Respondent was forced to file said PCR against the Petitioner and which was not intentional. Now I agreed to withdraw the all allegation made against the Petitioner and not intends to proceed with the above CC No.6943/2024. The Respondent herewith withdrawing the CC No.6943/2024 unconditionally without any claim. 2. The Petitioner and the Respondent further submits that in order to put an end to the unwarranted litigation which may lead to the loss of reputation of the parties concerned. The parties hereto have agreed that they will not initiate any action against each other for malicious prosecution or any other proceedings. 3. The Petitioner and the Respondent further submits that both parties have settled / agreed to the above Joint Memo with their own wish and not induced/influenced by any other person/s. WHEREFORE it is prayed that this Hon'ble Court be pleased to accept the Joint Memo and quash the impugned order passed in CC 6943/2024 arising out of PCR - 4 - HC-KAR NC: 2025:KHC:20674 WP No. 16952 of 2025 No.10187/2018 dated 13-02-2024 for the offence Punishable U/s. 406, 409, 468, 471, 417 and 420, 120(B) R/w. Section 34 of IPC pending on the file of 3rd Additional Chief Metropolitan Magistrate vide Annexure E, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and the respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 16.06.2025. (ii) The proceedings in C.C.No.6943/2024 (arising out of PCR No.10187/2018) registered for the offences punishable under Sections 406, 409, 468, 471, 417, 420, 120(B) read with Section 34 of IPC pending on the file of 3rd Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 112