Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 3318 OF 2023 BETWEEN:
1.
SMT. D. KEERTHANA D/O DAYANANDA G, AGED ABOUT 34 YEARS, NO. 17, SUBHAPRADA NILAYA, 4TH CROSS, JAVARAIAH GARDEN EXTENTION, BENGALURU - 560 004.
2.
SRI. DAYANANDA G S/O GOVINDSWAMY, AGED ABOUT 65 YEARS, NO 17, SUBHAPRADA NILAYA, 4TH CROSS, JAVARAIAH GARDEN EXTENTION, BENGALURU - 560 004.
…PETITIONERS (BY SRI. DEVARAJA M, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY STATION HOUSE OFFICER, RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY, REP. BY HCGP, SPP OFFICE, HIGH COURT BUILDING, AT BENGALURU - 560 001.
2.
SRI. RAMACHANDRAN N, S/O SRI. NALLUSWAMI,
Digitally signed by REKHA R Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
AGED ABOUT 39 YEARS, R/AT S-4, HOYSALA HILL VIEW APARTMENTS, KOMMAGHATTA ROAD, BANDEMATA, KENGERI SATELITE TOWN, BENGALURU - 560 060.
…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;
SMT. S. NAGANANDINI, ADVOCATE FOR SRI. G. JAIRAJ, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3020/2020 REGISTERED BY RAJARAJESHWARI NAGAR POLICE STATION FOR THE OFFENCE P/U/S 120B, 420, 471, 465, 468 R/W 34 OF IPC PENDING
CONSIDERATION ON THE FILE OF II ADDL.C.M.M., BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
Petitioner Nos.1 and 2 are present.
Both
learned counsel for the petitioners and respondent No.2 as well as learned High Court Government Pleader for respondent No.1/State are present. - 3 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
2. This petition is filed by the petitioners under Section 482 of Cr.P.C, to quash the entire proceedings in C.C.No.3020/2020, for the offences punishable 120B, 420, 471, 465, 468 read with 34 of IPC. 3. A joint affidavit of the parties is filed and duly signed by both the petitioners and respondent No.2. It is supported by affidavits of the petitioners/accused, respondent No.2/complainant. It is submitted by learned counsel for respondent No.2 that, at present respondent No.2 is in Georgia, USA and he has sworn to the affidavit at USA and sent it. On the said notarized copy, the present petitioners have sworn to the affidavit and Notarized in India. 4. The joint affidavit of the parties reads as under:
JOINT AFFIDAVIT OF THE PARTIES
"We, (1) D Keerthana, D/o. Dayananda G, aged about 34 years, No. 17. Subhaprada Nilaya, 4th cross, Javaraiah Garden Extension, Bengaluru-560 004, (2) Dayananda G. S/o. Govindaawamy, about 69 years, No. 17. Subhaprada Nilaya, 4th Cross,
- 4 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
Javaraia Garden Extension, Bengaluru-560 004 and (3) Ramachandran N, S.Nallusamy, aged about 42 years presently residing at #2224 Breton Hunt Ln, Suwanee, Georgia, 30024. USA. do hereby solemnly affirm on oath and state as follows:-
1. We submit that, First and Second of us are the Petitioners and Third of us are the respondent No. 2, respectively, in the above case and as such we know the facts and circumstances of the above case and hence, we are swearing this affidavit
2. After due discussion and advice of well-wishers, myself and the Petitioners have settled all the disputes and hence I am not willing to continue the case and the Third of us have no objection to quash the entire proceedings against the Petitioners. 3. We, the Second and Third Respondents further state that we were unaware about the ordeal faced by the Petitioners and realized that pending of the proceedings would hamper their future and hence desired to withdraw our allegations made against the Petitioners and close the case on our own will and volition. 4.
We, the second Respondents further state that since all disputes between us and Petitioners are settled in full, we are not willing to prosecute our complaint against the Petitioners and have no
- 5 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
objection to quash the case in C.C.No.3020/2020, registered by Rajarajeshwarinagar Police Station for the offences made penal under Sections 120(B), 420, 471, 465, 468 read with 34 of the Indian Penal Code, now pending on the file of the XLVI Additional Chief Judicial Magistrate, Bengaluru. 6. We state that in view of the mutual settlement of all disputes pending between us, we have no grievances or claim against each other in future and we have filed this joint affidavit on our own volition without any coercion or threat, seeking to quash the case in CC No. 3020/2020, registered by Rajarajeshwarinagar Police Station for the offences made penal under Sections 120(B), 420, 471,465, 468 read with 34 of the Indian Penal Code, now pending on the file of the XLVI Additional Chief Judicial Magistrate, Bengaluru. 7. We state that we have no further claims and counter claims on each other as all disputes and claims are settled in full and final. 5. Respondent No.2/complainant admits the compromise and submits that he has no objection to allow the petition. It is also submitted that in all there were 4 cases and other 3 cases are compromised. One of such
- 6 -
HC-KAR NC: 2025:KHC:27373 CRL.P No. 3318 of 2023
case is Crl.P.No.4140/2023. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:
ORDER (i) The petition filed by petitioners/accused Nos.1 and 2 under Section 482 Cr.P.C, is hereby allowed. (ii) The entire proceedings in C.C.No.3020/2020 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith.
Sd/- (J.M.KHAZI) JUDGE
KBM List No.: 1 Sl No.: 43 CT: BHK