- 1 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 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 CRIMINAL PETITION NO.8112 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RANGA REDDY M., S/O LATE MAREEAPPA REDDY, AGED ABOUT 63 YEARS R/AT NO.4, 8TH MAIN, PRABHAS SHANKAR ROAD, NEAR APNABAZAR, R.M NAGAR, BENGALURU – 560 016. (AS PER AADHAR CARD MUGAVADI RANGA REDDY AGED ABOUT 68 YEARS R/AT II-363-A4 SOCIETY COLONY 5TH CROSS, MADANAPALLE, CHITTOOR ANDHRA PRADESH – 517 325) 2. SMT. ESHWARAMMA W/O M. RANGA REDDY AGED ABOUT 54 YEARS R/AT NO.4, 8TH MAIN, PRABHAS SHANKAR ROAD, NEAR APNABAZAR, R.M NAGAR, BENGALURU – 560 016. (AS PER AADHAR CARD P ESWARAMMA AGED ABOUT 65 YEARS, R/AT NO.04, 8TH MAIN, PRABHA SHANKAR ROAD, NEAR APNABAZAR, RAMAMURTHY NAGAR DOORVANINAGAR BENGALURU – 560 016) 3. KUMARASWAMY S/O LATE ANNAYYA REDDY Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 AGED ABOUT 67 YEARS R/AT NO.210, BALAJI STREET, 1ST CROSS, R.M NAGAR, BENGALURU – 560 016. (AS PER AADHAR CARD KUMARASWAMY K S/O ANNAIAH REDDY K A AGED ABOUT 73 YEARS, R/AT NO.210, BALAJI STREET, 1ST CROSS, NANJAPPA REDDY LAYOUT RAMAMURTHY NAGAR, DOORAVANINAGAR BENGALURU – 560 015). 4. SMT. VARALAKSHIMI, W/O KUMARSWAMY AGED ABOUT 67 YEARS R/AT NO.210, BALAJI STREET, 1ST CROSS, R.M. NAGAR, BENGALURU – 560 016. (AS PER AADHAR CARD VARALAKSHMI KANIPAKAPATNAM W/O KUMARASWAMY K AGED ABOUT 73 YEARS R/AT NO.210, BALAJI STREET, 1ST CROSS, HERITAGE FRESH NANJAPPA REDDY LAYOUT RAMAMURTHY NAGAR, BENGALURU – 560 016) …PETITIONERS (BY SRI. S SHANKARAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH RAMAMURTHY NAGAR PS, REP. BY SPP, HIGH COURT COMPLEX, BANGALORE – 560 001. 2. SMT. SARALA L W/O RAMANA REDDY AGED ABOUT 36 YEARS - 3 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 R/AT NO.J3-301, KEERTHI HARMONY APARTMENT, T S PALYA MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU – 560 036. …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL.SPP FOR R-1; SRI. MADHUSUDANA REDDY, ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN S.C.NO.1455/2021 PENDING ON THE FILE OF LIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE FOR THE P/U/S 323, 324, 354, 376, 420, 504, 506 R/W.34 IPC ARISING OUT OF CR.NO.134/2020 REGISTERED BY RAMAMURTHY NAGAR P.S. 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 relief:- “Wherefore, the petitioner humbly prays that this Hon’ble Court may be pleased to quash the proceedings against the petitioners in S.C.No.1455/2021 pending on the file of LIII Addl. City Civil and Sessions Judge at Bangalore for the offences punishable under Section 323, 324, 354, 376, 420 r/w 34 of IPC arising out of Cr.No.0134/2020 registered by Ramamurthy Nagar PS in the interest of justice.” - 4 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Application along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 4 and their counsel and respondent No.2 and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT We the petitioners viz., (1) M. Ranga Reddy s/o late Mareeppa Reddy, aged about 68 years, r/at II-363-A4 Society Colony 5th cross, Madanapalle, Chittoor Andhra Pradesh – 517 325 (2) P Eshwaramma, w/o M. Ranga Reddy aged about 65 years, R/at No.04, 8th main, Prabha Shankar Road, near Apnabazar, Ramamurthy Nagar, Dooravaninagar Bengaluru – 560 016, (3) Kumaraswamy K S/o Annaiah Reddy K.A., aged about 73 years, r/at No.210, Balaji Street, 1st Cross, Nanjappa Reddy Layout, Ramamurthy Nagar, Dooravaninagar, Bengaluru – 560 016 (4) Smt. Varalakshmi Kanipakapatnam w/o Kumaraswamy.K, Aged about 73 years r/w No.210, Balaji Street, 1st Cross, Heritage Fresh Nanjappa Reddy Layout Ramamurthy Nagar, - 5 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 Bengaluru – 560 016 today at Bangalore and the 2nd Respondent viz., Smt. Sarala.L w/o Ramana Reddy Aged about 36 years r/at No. J3-301, Keerthi Harmony Apartment, T.S. Palya main road, Ramamurthy Nagar, Bengaluru – 560063, today at Bangalore, do hereby jointly affirm and state as follows:- 1. We are the Petitioners and 2nd Respondent in the above criminal petition and we are fully conversant with the facts of the case. Hence, we are jointly swearing to this affidavit. 2. We submit that the averments made in the above Criminal Petition may kindly be read as part and parcel of this Joint affidavit to avoid repetition of facts. 3. We submit that Ramamurthy Nagar PS/Respondent No.1 police have registered a case against the Petitioners in Crime No.0134/2020 for the offences punishable under Sec. 506, 341, 376, 504, 34, 420, 324, 342 and 323 IPC and submitted FIR before the 10th AddI. CMM Court, Mayohall, Bangalore City. After the investigation the Respondent No.1 police have filed a charge sheet in S.C.No.1455/2021 on the file of the Llll Addl. City Civil and Sessions Judge, Bangalore for the offences punishable under Sections 323, 324, 354, 376, 420 r/w 34 of IPC. 4. We submit that there is a cheque bounce case filed by the Petitioner No.2 against the 2nd Respondent. The Petitioner No.2 now in view of the settlement has agreed to withdraw the said cheque bounce case filed against the Respondent No.2 claiming a sum of Rs.12,32,000/- (Twelve Lakh Thirty Two Thousand only) in C.C.No.54714/2020 - 6 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 before the XXXIII Addl. Chief Judicial Magistrate Court, Mayo Hall, Bangalore for the offence punishable under Section 138 of Negotiable Instruments Act. 5. We submit that the Petitioners have agreed morefully, Petitioner No.2 viz. Mrs. Eshwaramma to return back all the original documents which includes the original cheque bearing No.000971, which was presented before the Hon'ble Trial Court at the time of filing of the case in C.C.No.54714/2020 before the XXXIII Addl. Chief Judicial Magistrate Court, Mayo Hall, Bengaluru, at the time of withdrawal of the said case The Petitioners further undertake that they shall not raise any future claims in relate to the said cheque. It is also submitted that the promissory note issued by Respondent No. 2 in favour of Petitioner No 2 was marked as Annexure-E in the earlier petition filed in Crl.P.No.5292/2020, which was subsequently withdrawn before this Hon'ble Court on 12.06.2025. However, the Petitioners state and affirm that they are not in possession of the original of the said promissory note and unconditionally undertake that they shall not make any future claim in respect thereof. 6. We submit that the Petitioners and their men, officers, agents, servants, henchmen, employees, shareholders, family members (parents, siblings, spouses and children included), relatives, friends, power of attorney/ies, entity/ies, firm/s includes partnership and proprietorship, Company/ies includes Limited Liability Partnership (LLP), association of persons and upon those person or persons claiming through them or under them or - 7 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 on their behalf or their aiders and abettors, in active concert or participation with them, identified with them in interest, in privity with them, represented by them, or subject to their control shall have no claims of whatsoever nature under any heads of accounts pertaining to any transactions inter-se among Respondent and the petitioners whether in the past, present and/or future and further, any such pending liability/ies, obligations and claims that have already been raised, pending and/or kept in abeyance shall be deemed to have been waived and settled for all times to come in view of this settlement inter-se among the parties to this settlement. On failure of the Petitioners to return above said Signed Blank Cheques (six in number totally) issued from ICICI and HDFC bank accounts belonging to the Respondent, promissory note allegedly executed and signed by the Respondent which copy has been furnished by Petitioners in Crl.P.No.5292/2020 which was withdrawn before this Hon'ble Court, blank signed stamp paper originals then the petitioners unequivocally agree, undertake, affirm, confirm and declare that they shall keep the Respondent fully indemnified in this regard and shall be jointly and severally liable for all risks, costs and consequences arising therefrom 7. We submit that at the intervention of the well wishers, friends and relatives of both the parties, the Petitioners, 2nd Respondent and their family members have agreed to compromise the above case. In view of the fact that the alleged offences are non-compoundable in nature, it is not possible to file an application before the trial Court for compromise. Hence having no other alternative, both the - 8 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 parties are filing this Joint Petition along with the Joint Affidavit. 8. We submit that as the alleged offences are non compoundable in nature, they may not be able to compromise the case before the trial Court. Hence the parties have filed this joint memo with a prayer to accept the joint memo and thereby quash the entire proceedings pending in S.C.No.1455/2020 on the file of the LIll Addl. City Civil and Sessions Judge, Bangalore. As held by the Lordships of Apex Court in "KAPIL GUPTA VS STATE (NCT OF DELHI) & ANOTHER" judgment reported in (2022) 15 SCC 44, there is no impediment to quash the proceedings by accepting this Joint memo and affidavit in view of the settlement between the parties going to result into harmony between them which may improve their mutual relationship. There is no any legal embargo to accept this Joint Memo and thereby quash the proceedings. This Hon'ble Court in Sri Satish K and Ors vs State of Karnataka in CRL.P 4172/2022 has considered various judgments of the Apex Court, High court of Karnataka and that of Delhi High Court and was pleased to accept the application seeking compounding of offences punishable under sections 384, 376, 504, 506 r/w 34 IPC and terminate the proceedings against the petitioners based on a settlement arrived between the parties. 9. We submit that there is no co-ercion, undue influences, threat from either of the parties or third parties from any angle to enter into compromise and both the parties have voluntarily agreed and filed this joint memo for - 9 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 quashing of the proceedings. Both the parties have read over the contents, understood the same and signed this Joint Memo. 10. We submit that if this Joint Memo is accepted and entire proceedings are quashed, no harm or prejudice will be caused to either of the parties especially to the Respondent No.1-Investigating Agency. On the other hand, if this Joint Memo is not considered and proceedings are not quashed, the Petitioner and Respondent No.2 will be put to greater hardship and mental agony. We submit that whatever is stated above from paragraphs 1 to 10 are true to the best of our knowledge. WHEREFORE, the Petitioners and 2nd Respondent above named most humbly pray that this Hon'ble Court be pleased to accept this Joint Memo and thereby quash the charge sheet and further proceedings in S.C.No.1455/2021 on the file of the LIII Addl. City Civil and Sessions Judge, Bangalore for the offences punishable under Sections 323, 324, 354, 376, 420 r/w 34 IPC of IPC against the Petitioners.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 16.06.2025. - 10 - HC-KAR NC: 2025:KHC:21249 CRL.P No. 8112 of 2025 (ii) The proceedings in S.C.No.1455/2021 (arising out of Crime No.134/2020 of 1st respondent – Police) registered for the offences punishable under Sections 323, 324, 354, 376, 420 r/w 34 of IPC pending on the file of the LIII Addl. City Civil & Sessions Judge, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 5