- 1 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6328 OF 2026 BETWEEN: AJITH S, S/O P S SUBHASH, AGED ABOUT 26 YEARS, RESIDING AT NO.19, 2ND CROSS ROAD, NEAR SUNDAR HOSPITAL, LINGARAJPURAM, BENGALURU - 560 084. …PETITIONER (BY SMT. ANSHUMAN A, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KOTHANUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. ISHAQ RAYAN, S/O ASHER RUMAN, AGED ABOUT 19 YEARS, RESIDING AT NEAR GUDIYA SCHOOL, 5TH BLOCK, 38 CROSS, HBR LAYOUT, BENGALURU - 560 043. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP R1 SRI. MANJUNATH M, ADVOCATE FOR R2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ORDER TAKING COGNIZANCE IN CC.NO.63649/2024 PENDING BEFORE XXIX ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU REGISTERED AT KOTHANUR POLICE STATION, BENGALURU IN FIR NO.206/2024 FOR OFFENCES P/U/S 392 OF IPC ON 20.08.2024 IN SO FAR AS IT RELATES TO THE PETITIONER WHO ACCUSED NO.2 ONLY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.63649/2024 pending before the XXIX Addl. Chief Judicial Magistrate, Bengaluru, for the offence under Section 392 of Indian Penal Code. 2. Heard Sri.Anshuman A, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Manjunath M, learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the joint affidavit of Settlement. The joint affidavit of Settlement reads as follows: “We, (1) AJITH S, S/o P S Subhash, aged about 26 years, residing at No.19, 2nd Cross road, Near Sundar Hosp[ital, Lingarajpuram, Bengaluru – 560 084, the petitioner herein and Accused No.2 in the above proceedings; and (2) ISHAQ RAYAN, S/o Asher Ruman, aged about 19 years, Student, residing at near Gudiya School, 5th Block, 38th Cross, HBR Layout, Bengaluru – 560 043, the Respondent No. 2 herein and the Complainant in the above proceedings; do hereby solemnly affirm and state on oath as follows: STATEMENT OF PETITIONER / ACCUSED NO. 2 1. I am the Petitioner in the above Criminal Petition and the Accused No. 2 in FIR No. 0206/2024 registered at Kothanur Police Station, Bengaluru, and the consequent CC No. 63649/2024 pending before the Hon’ble XXIX Addl. Chief Judicial Magistrate, Mayo Hall, Bengaluru. I am fully conversant with the facts of this case and am competent to swear this affidavit. 2. I state that FIR No. 0206/2024 was registered on 07.08.2024 at Kothanur Police Station for the offence punishable under Section 392 of the Indian Penal Code, 1860, based on a complaint made by Sri. Ishaq Rayan, S/o Asher Ruman, aged about 19 years, the Respondent No. 2 herein and the Deponent No. 2 in this joint affidavit. 3. I state that on the date of the incident, i.e., 07.08.2024, the iPhone 15 Pro Max belonging to the complainant, which is the subject matter of the alleged offence, was voluntarily returned to the complainant in its original condition on the very same day. No money was demanded from the complainant, no money was paid by the complainant, and the complainant suffered no monetary loss or injury of any kind. - 4 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 4. I state that I had no criminal intention whatsoever and was not aware of any criminal design on the part of Accused No. 1 Aslam. I had merely driven my vehicle to the location at the request of Aslam, believing it to be an innocent meeting. I had no prior knowledge of any plan to threaten or rob the complainant and I did not actively participate in any manner in the alleged offence. 5. I state that I and the complainant have since then met and have amicably resolved all differences between us. The complainant has categorically confirmed to me that he has no grievance against me, that he accepts that I had no role in the alleged offence, and that he does not wish to pursue the criminal proceedings against me. The settlement between us has been arrived at voluntarily, freely, and without any coercion, force, threat, or undue influence of any kind. 6. I state that I am not paying any monetary compensation to the complainant as a condition of this settlement, and the complainant has not demanded any. The settlement is based purely on the restoration of the iPhone on the date of the incident itself and the mutual understanding that I had no criminal role in the matter. 7. I state that I have no criminal antecedents and have not been involved in any criminal case prior to this matter. The present case has caused me immense mental agony, harassment, and embarrassment to me and my family members. STATEMENT OF RESPONDENT NO. 2 / COMPLAINANT 8. I am the Complainant in FIR No. 0206/2024 registered at Kothanur Police Station, Bengaluru on 07.08.2024, and the Respondent No. 2 in the above Criminal Petition. I am fully conversant with the facts of this case and am competent to swear this affidavit. 9. I state that FIR No. 0206/2024 was registered based on a complaint given by me on 07.08.2024 for the offence punishable under Section 392 of the Indian Penal Code, 1860. The said complaint named two accused – Accused No. 1 Aslam, who is my classmate, and Accused No. 2 Ajith S, who was present at the location on the date of the incident. - 5 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 10. I state that on the very same day of the incident, i.e., 07.08.2024, my iPhone 15 Pro Max, which was taken during the said incident, was returned to me in its original condition. I suffered no monetary loss. No money was demanded from me or paid by me at any time in connection with this matter. 11. I state that upon reflection, I sincerely believe that Accused No. 2 — Sri. Ajith S — had no criminal intention and was not aware of any plan to threaten or rob me. He was merely present at the location having been brought there by Accused No. 1 — Aslam. Accused No. 2 did not personally threaten me, did not personally snatch my phone, and had no knowledge of any criminal scheme. I was misled in my original complaint to the extent that I attributed equal responsibility to Accused No. 2 without adequately considering the role of each accused. 12. I state that I and Accused No. 2 — Sri. Ajith S — have since met and have amicably resolved all differences between us. I have no grievance whatsoever against Accused No. 2 as on date. I do not wish to pursue the criminal proceedings against Accused No. 2 and I fully support the quashing of proceedings against him before this Hon’ble Court. This settlement has been arrived at by me voluntarily, freely, and without any coercion, threat, force, or undue influence of any kind. 13. I state that I am not receiving any monetary compensation from Accused No. 2 as part of this settlement. The settlement is based entirely on the voluntary return of my iPhone on the date of the incident itself and my genuine belief that Accused No. 2 had no criminal role in the matter. 14. I state that I am ready and willing to appear before this Hon’ble Court, if required, to confirm the contents of this affidavit in person and to state that I have no grievance against the Petitioner — Accused No. 2. JOINT PRAYER We, the Deponents herein, jointly and most respectfully pray that this Hon’ble Court may be pleased to accept this Joint Affidavit of Settlement and exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal - 6 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 Procedure, 1973, to quash the proceedings in CC No. 63649/2024 for offences punishable under section 392 of IPC insofar as they relate to the Petitioner — Accused No. 2 — Sri. Ajith S, in the interest of justice. What is stated above in paragraphs 1 to 7 is true and correct to the best of the knowledge, information, and belief of Deponent No. 1, and what is stated in paragraphs 8 to 14 is true and correct to the best of the knowledge, information, and belief of Deponent No. 2.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of application for compounding being filed along with the joint affidavit of Settlement by parties to the lis and offences not being against the State, I deem it appropriate to accept the joint affidavit of Settlement and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 7 - HC-KAR NC: 2026:KHC:30101 CRL.P No. 6328 of 2026 [II] Proceedings in C.C.No.63649/2024 pending before the XXIX Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 85