- 1 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14502 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. YATHISH B T AGED ABOUT 39 YEARS S/O THULASIMURTHY BHUVANGALA VILLAGE SOMWARPET HOBLI AND TALUK GUNIMARURU KODAGU DITRICT 571 236. 2. B T CHANDRAMANI AGED ABOUT 66 YEARS W/O THULASIMURTHY NO.53, BETTAGALALE BANNUR MARIYANAGAR POST ARKALGUDU HASSAN DISTRICT 573130. 3. ASHOK R S/O ANDANAPPA AGED ABOUT 38 YEARS R/AT NO 95/A, 3RD STAGE 4TH BLOCK, 1ST CROSS SHARADA COLONY BANGALORE NORTH BASAVESHWARNAGAR BENGALURU 560 079. …PETITIONERS (BY SRI. ANIL KUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY KAMASHIPALYA POLICE STATION BANGALORE STATION HOUSE OFFICER REP BY STATE PUBLIC PROSECUTOR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 HIGH COURT OF KARNATAKA BENGALURU 560 001. 2. R BHARATHI AGED ABOUT 56 YEARS W/O V VIJAYKUMAR NO 31/1, BEHIND BDA COMPLEX 2ND ‘D’ CROSS, 3RD BLOCK 2ND STAGE, NAGARABHAVI BENGALURU – 573 130. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R-1; SRI. G.S. PRASANNA KUMAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 13.01.2024 REGISTERED BY THE RESPONDENT NO.1 KAMAKSHIPALYA P.S., BENGALURU CITY, IN CR.NO.19/2024, PENDING ON THE FILE OF THE 39TH ACMM COURT, NRUPATUNGA ROAD, BENGALURU, AGAINST THE PETITIONERS VIDE ANNEXURE-A, FOR THE OFFENCES P/U/S 420, 448, 506 R/W 34 OF IPC, 1860. 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 relief: “Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to quash the FIR dated 13.01.2024 registered by the Respondent No.1, Kamakshipalya Police Station, Bengaluru City in Crime No.0019/2024 pending on the file before the 39th Additional CMM Court, Nrupathunga Road, Bengaluru, against the petitioners vide Annexure-A, for the offences punishable under Section 420, 448, 506 read with Section 34 of Indian Penal Code, 1860, to meet the ends of justice.” - 3 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No.2 have filed a Joint Affidavit signed by the petitioners, respondents and their respective counsel and the same is take on record. 3. Petitioners – accused Nos.1 to 3, respondent No.2 are physically present before the Court and they admit the content of the Joint Affidavit, which reads as under: “JOINT AFFIDAVIT FILED BY PETITIONERS 1, 2, 3 AND RESPONDENT NO.2. We, Yathis, B.T. Aged about 39 years S/o Thulasimurthy, R/at, Bhuvangala Village, Somwarpet Hobli and Taluk Kodagu District – 571 236, B.T.Chandramani, aged about 66 years, W/o Thulasimurthy, R/at # 53, Bettagalale, Bannur Mariyanagar Post, Arkalagudu Hassan District – 573 130, Ashok A. S/o Andanappa, Aged about 44 years R/at 95/A 3rd Stage, 4th block 1st cross Sharadha Colony, Basaveshwaranagar Nagar, Bengaluru – 560 079 and R. Bharathi Aged about 56 years, w/o V. Vijayakumar, #31/1, Behind BDA Complex, 2nd D Cross, 3rd Block, 2nd Stage, Nagarabhavi, Bengaluru – 573 130, Today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. We Jointly submit that the complaint by the 2nd respondent which is registered as Crime No.0019/2024 pending on the file before the 39th Additional CMM Court, - 4 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 Nrupathunga Road, Bengaluru, against the petitioners vide Annexure-A, for the offences punishable under Sections 420, 448, 506 read with Section 34 of Indian Penal Code, 1860 requires to be quashed as the dispute between the parties is civil in nature. We both being fully aware of the facts and circumstances of the case are swearing to this affidavit jointly. 2. We jointly submit that we have discussed and decided to compromise the present dispute. For which reasons 2nd respondent herein have agreed to withdraw the allegation made in Crime No.0019/2024 pending on the file before the 39th Additional CMM Court, Nrupathunga Road, Bengaluru, against the petitioners vide Annexure-A, for the offences punishable under Sections 420, 448, 506 read with Section 34 of Indian Penal Code, 1860 which is the subject matter of instant petition and not willing to prosecute case. Hence this annexed application is filed by us. 3. I, R Bharathi submit that I do not want to prosecute petitioners in the above case and also desire to compound the entire allegation made in Crime No.0019/2024 as we are filing a Compromise petition before the Principal City Civil and Sessions Judge at Bengaluru (CCH-40) in O.S.No.2368/2024. 4. That we agree that the balance sale consideration amount payable by the petitioners to Respondent No.2 after deducting the loss incurred by the Petitioners will be a total sum of Rs.1,52,00,000 (one Crore fifty-two Lakh Rupees Only)/- as full and final settlement of - 5 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 the claims made in the suit. This amount is paid in the following manner before the civil court while filing the compromise petition: (i) D.D. bearing No.073813003327 dated 16.12.2024 for ` 47,00,000/- (Rupees Forty-Seven Lakhs only), drawn on Yes Bank, Basaveshwaranagar Branch, in favour of the Respondent No.2 by petitioner No.1 (ii) D.D. bearing No.073813003326 dated 16.12.2024 for `5,00,000/- (Rupees Five Lakhs only), drawn on Yes Bank, Basaveshwaranagar Branch, in favour of the Respondent no.2 by Petitioner No.1. (iii) D.D. bearing No.025492 dated 13.12.2024 for `.1,00,00,000/- (Rupees One Crore Only) drawn on Bank of Baroda, Somwarpet Branch, in favour of Respondent No.2, by Petitioner No.2. 5. It is agreed between the parties that apart from the above amount there is no further amount payable or to be paid by the Petitioners to the Complainant. The Petitioners are already in the possession of the suit schedule properties and the same will be continued. 6. The detailed compromise petition shall be filed before the Civil Court, Bangalore in the mentioned suit. After receipt of the above agreed amount the Respondent No.2 shall not have any further claims in respect of the property in dispute against the Petitioners and Respondent No.2 further undertakes that she shall come forward to execute any other deed or document or sign before any other authority in order to perfect the title of the petitioner Nos.1 and 2 in respect to the schedule property. Hence, this Hon’ble Court may be pleased to allow the memorandum of criminal petition filed - 6 - NC: 2025:KHC:344 CRL.P No. 14502 of 2024 under Sec. 482 of the Cr.P.C / under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023. We jointly state that what is stated above is true to the best of our knowledge, information and belief.” 4. In view of the compromise / settlement entered between the petitioners and respondent No.2, the impugned proceedings in Crime No.19/2024 pending on the file of 39th Addl. CMM Court, Bengaluru, are hereby quashed in terms of the Joint Affidavit. 5. The petition stands disposed of accordingly in terms of said Joint Affidavit. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 51