Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4370 OF 2025 BETWEEN:
SHASHIKALA R, AGED ABOUT 55 YEARS, D/O OF LATE H. RAMAKRISHNAPPA, NO.99, 2ND MAIN ROAD, 11TH BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072. …PETITIONER (BY SRI. S.S. PARIKSHIT, ADVOCATE) AND:
1.
STATE BY PEENYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
SRI. BALARAJ, AGED ABOUT 19 YEARS, S/O KUMAR, NO.195, ASHRAYA NAGARA, NEAR GOKULDAS FACTORY, SRS COMPOUND, PEENYA 1ST STAGE, BENGALURU - 560 058. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1;
SRI. MOHESEEN AHMED S, ADVOCATE FOR R2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN CC.NO.26317/2022, PENDING ON THE FILE OF XXXI ACMM, BENGALURU, FILED BY THE 2nd RESPONDENT PEENYA POLICE IN CR.NO.144/2022 AGAINST THE PETITIONER, FOR THE OFFENCES P/U/S 338 OF IPC, U/S 79 OF J.J (CARE AND PROTECTION OF CHILDREN) ACT, 2015, AGAINST THE PETITIONER VIDE ANNEXURE-C, CONSEQUENTLY QUASH THE COMPLAINT FILED BY THE 2nd RESPONDENT VIDE ANNEXURE- B.
THESE PETITIONS, 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 has sought for the following reliefs:-
“a) Quash the entire charge sheet in C.C.No. 26317/2022 pending on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru, filed by the 2nd Respondent Peenya Police in Crime No.144/2022 against the Petitioner for the offences punishable under section 338 of IPC and 79 of Juvenile and Justice (Care and Protection of Children) Act, 2015 against the Petitioner Vide ANNEXURE-C. Consequently quash the Complaint filed by the 2nd Respondent vide ANNEXURE-B .”
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
b) Further grant any such other reliefs as this Hon'ble Court deems fit to grant under the facts and circumstances of the case in the interest of justice"
2.
Learned counsel for the petitioner – accused No.1. and
learned counsel for 2nd respondent – complainant have filed a Compromise Petition under Section 320 of Cr.P.C., along with the joint Memo in ECA No.77/2024 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.
3. Compromise petition reads thus:
"Memorandum of Petition under Section 320 of Code of Criminal Procedure which reads as under: The Petitioner and Respondent No.2 submits as follows:
1. The 2nd Respondent has initiated criminal proceeding for the offence punishable u/s 338 of IPC and U/s79 of Juvenile Justice (Care and Protection of Children) Act, 2015 in C.C.No.26317/2022 against the Petitioner, which is pending on the file of XXXI ACMM, Bengaluru. The 2nd Petitioner has also filed a petition under Section 22 of Employees Compensation Act in ECA No.77/2024 XIV Addl. Judge, Court of Small Causes and ACJIM, Bengaluru, against the Petitioner and her company seeking compensation.
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
2. The Petitioner and 2nd Respondent have settled the matter in ECA No.77/2024 by filing a joint memo. As per the settlement, the 2nd Petitioner has agreed to settle the dispute by receiving a compensation of Rs.6,00,000/- by the Petitioner and the Petitioner has agreed to deposit the same within 2 months from the date of decree in ECA No.77/2024, failing which the Petitioner shall pay interest at the rate of 6% from the date of decree.
3. As per the settlement, the 2nd Respondent has agreed to co-operate in quashing the proceedings in C.C.No.26317/2022 pending on the file of XXXI ACMM, Bengaluru. Accordingly, the 2nd Respondent has no objection to quash the said proceeding. In terms of such settlement the Petition in ECA No.77/2024 came to be
disposed off on 19/07/2025. Wherefore, the Petitioner and 2nd Respondent prays that this Hon'ble Court may kindly be pleased to allow this Petition by quashing C.C.No.26317/2022 pending on the file of XXXI ACMM, Bengaluru in the interest of justice."
4. Petitioner – accused No.1-Shashikala R, and her counsel and counsel for respondent No.2-Balaraj, are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“JOINT Memo to be filed before the Court U/s(J 20(3) of the Legal Services Authority Act, 1987)
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
The Petitioner had filed the above claim petition for claiming the compensation on account of injuries against Respondents No.1 & 2, and the Respondents No.1&2 has agreed to settle the claim as full and final settlement for a sum of Rs.6,00,000/-(Rupees Six lakh only) and prays to pass an Award accordingly. The Petitioner is not entitled for any cost. The Respondents agrees to deposit the said amount within Two months failing which the said amount shall carry an interest at the rate of 6% from the date of the decree. The above petitioner is herewith agree to withdraw the compliant in CC No.2631/2022, and if any other court and the same is pending before XXXI ADDL CHIEF JUDICIAL MAGISTRETE Bangalore and the petitioner is herewith under take except the above case in future shall not file any claim or complaint against Respondent No.1 &2..”
5. 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 Compromise Petition under Section 320 of Cr.P.C., along with the joint Memo in ECANo.77/2024. (ii) The proceedings in C.C.No.26317/2022 (arising out of Crime No.144/2022 of 1st respondent – Police) registered for the
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HC-KAR NC: 2025:KHC:28541 CRL.P No. 4370 of 2025
offences punishable under Section 338 of IPC and 79 of Juvenile and Justice (Care and Protection of Children) Act, 2015, pending on the file of XXXI Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
HR CT: BHK