- 1 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8688 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SURESH KUMARESHAN ALIAS SURESH S/O SRI. KUMARESHAN, AGED ABOUT 42 YEARS R/A NO. 287/2, 7TH MAIN, 80 FEET ROAD, SUBBAYANAPALYA, BANASAWADI, BENGALURU-560 043. …PETITIONER (BY SRI. RAMESH GOWDA. A, ADVOCATE) AND: 1. THE STATE BY RAMAMURTHY NAGAR POLICE STATION, BENGALURU CITY BENGALURU – 560 043. 2. SRI. SANDEEP S/O SRI. VASUDEV REDDY, AGED ABOUT 44 YEARS, R/A NO. 289, 4TH MAIN, NGEF LAYOUT, SADANANDA NAGAR, BENGALURU – 560 038. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. B. RAMESH AND SRI. GIRISH REDDY.J.S, ADVOCATES FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONER IN CC NO.19689/2019 FOR THE OFFENCE P/US/ 408,420 OF IPC ON THE FILE OF THE IV ADDITIONAL CJM, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ WHEREFORE, the entire proceedings as against the Petitioner in C.C.No.19689/2019, for the offences Punishable Under Sections 408, 420 of IPC on the file of the IV Additional Chief Judicial Magistrate, Bengaluru and to grant such other reliefs under the facts and circumstances of the case in the ends of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed an application I.A.1/2025 dated 01.07.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application I.A.1/2025, which reads as under:- APPLICATION FILED UNDER SECTION 320 R/W 482 CR.P.C. The petitioner and respondent No.2 above named respectfully submits as follows: - 3 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 1. The 2nd respondent had lodged petitioners herein before the jurisdictional police seeking for alleging certain misappropriation of funds in his gym by the petitioner/accused and also making certain allegations. It is submitted that, the jurisdictional police pursuant to the complaint lodged by the 2nd respondent had registered a case complaint against the In Crime No.123/2018 for the offence punishable under Section 408 and 420 of IPC. It is submitted that, subsequently the Jurisdictional police after investigation had filed a charge sheet against the petitioner for the offence punishable under Section 408 and 420 of IPC and the said proceedings came to be numbered as CC No. 19689/2019 on the file of the 4th Additional Chief Metropolitan Magistrate at Bengaluru. 2. It is submitted that, the wife of the Petitioner namely Smt. Pragathi Suresh has filed a complaint against the wife of the Respondent No.2 herein, namely Smt. Brunda.N in CC No.50834/2020 pending on the file of 34th Additional Chie Metropolitan Magistrate Mayo Hall at Bengaluru. During the course of said proceedings, the Petitioner herein a Respondent No. 2 and their respective spouses have agree settle their disputes and cooperate to close cases pending against each other. The Wife of Respondent No.2 has filed Crl.P. No.6806/2019 before High court of Karnataka, Bengaluru for quashing. As ser settlement between the parties, the petitioner’s wife Smt. Pragati Suresh have agreed to report settlement and voluntarily give consent in quashing the CC. 50834/2020 pending against wife of Respondent herein and the Respondent No.2 has agreed to - 4 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 report settlement in the above case and give consent to quash CC No. 19689/2019 on the file of the 4th Additional Chief Metropolitan Magistrate at Bengaluru. It is agreed that, if either of the parties or their respective spouses deviate the terms of above settlement, they are liberty to withdraw their consent. 3. It is submitted that, during the proceedings before the trial court at the instance of the family friends, well- wishers and relatives the dispute between the petitioner and the 2nd respondent have settled amicably and accordingly both the have filed this application seeking for quashing the proceedings before the learned trial judge as per the following terms and conditions. a. The 2nd respondent does not have any nature of objections for quashing the proceedings in CC No.19689/2019 on the file of the 4th Additional Chief Metropolitan Magistrate at Bengaluru and he has voluntarily withdrawn all the allegations made against the accused/petitioner. b. The petitioner in view of the settlement arrived between the parties has agreed that he and his wife do not have any nature of claims in whatsoever manner against the 2nd respondent and his wife i.e.Brunda.N either personal or from their Gym. Similarly, the Respondent No.2 and his wife i.e.Brunda.N. do not have any nature of claims against Petitioner and his wife l.e.Smt. Pragathi Suresh. c. The petitioner has also undertaken he would not interfere with the business activities carried out by - 5 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 the 2nd respondent and his wife Brunda in any nature in future. d. The complaint was an offshoot of misunderstanding between parties and their respective spouses resulting in cases be filed against each other. e. Both the parties have agreed that they would not initiate nature of proceedings against each other in future in any manner. If they petitioner initiate any nature of proceedings against the 2nd respondent and his wife than respondent would reserve liberty to reopen the proceedings before the learned trial judge. f. Both the patties after understanding the contents of this application which has been explained in the language known to them and they after understanding the contents of this joint memo have affixed their signature out of their free will and wish without any compulsion or force by any person. g. The Respondent No.2 has no objection to quash the entire proceedings in CC No.19689/2019 as against the petitioner on the file of the 4th Additional Chief Metropolitan Magistrate at Bengaluru. WHEREFORE, both the parties have respectfully prays that his Hon’ble Court be pleased to quash the entire proceedings in CC No.19689/2019 on the file of the 4th Additional Chief Metropolitan Magistrate at Bengaluru as against the Petitioner terms of the joint memo in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - HC-KAR NC: 2025:KHC:25535 CRL.P No. 8688 of 2025 ORDER (i) Petition is disposed of in terms of the application I.A.1/2025 dated 10.07.2025. (ii) The proceedings in C.C.No.19689/2019 arising out of Crime No.123/2019 registered by the 1st respondent – Police for offences punishable under Sections 408 and 420 of IPC, pending on the file of IV Addl.CMM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.