- 1 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7887 OF 2023 BETWEEN: SRI. NARASIMHAMURTHY T G, S/O LATE SRI. T.C. GOPALA RAO, AGED ABOUT 68 YEARS, R/A NO.71/7, IST A CROSS, HMT LAYOUT, MATTIKERE, BENGALURU-560054. …PETITIONER (BY SMT. AYESHA, FOR SRI. SRINIVAS RAO S S ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560001. 2. SRI. ABHISHEK K R, S/O SRI. RAJKUMAR, AGED ABOUT 22 YEARS, R/A NO.S9/1, HEGGANAHALLI CROSS, LAKSHMANANAGARA, BENGALURU-560091. …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1; SRI.M.K.GIRISH, ADVOCATE FOR R2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.26670/2022 PENDING BEFORE THE CJM, BENGALURU RURAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 287 AND 338 OF THE IPC, 1860 ARISING OUT OF CR.NO.58/2022 REGISTERED BY BYADARAHALLI P.S. 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.26670/2022, pending before the Chief Judicial Magistrate, Bengaluru Rural, registered for the offences under Sections 287 and 338 of Indian Penal Code. 2. Heard Smt.Ayesha, learned counsel appearing for the petitioner, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Sri.M.K.Girish, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compromise petition in ECA No.3/2024 before the Small - 3 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 Cause Court, Bengaluru, a copy of which is produced before this Court. The said Compromise Petition reads as follows: “MEMORANDUM OF COMPROMISE PETITION FILED UNDER XXIII RULE 3 OF THE CIVIL PROCEDURE CODE, 1908 READ WITH SECTION 23 OF THE EMPLOYEES COMPENSATION ACT, 1923 The Petitioner and the Respondent herein most respectfully submit as follows. 1. The addresses of the Petitioner and the Respondent for the purpose of service of summons, notice, etc., are as stated in the cause title. The Petitioner is represented by his counsel and the Respondent is represented by his counsel as already on record before this Hon ble Court. 2. The Petitioner had filed the above petition under Section 22 of the Employees Compensation Act, 1923 claiming compensation of ` 10,00,000/- (Rupees Ten Lakhs Only) alleging that he sustained injuries during the course of his employment on 07-01-2022 while working at the Respondent's factory. 3. The Respondent had filed detailed Statement of Objections denying the averments made in the petition and specifically contending that 1) The Petitioner was covered under the Employees State Insurance Act, 1948 2) The Petitioner had already availed all medical and disablement benefits under ESI scheme, 3) The present claim is barred under Sections 53 and 61 of the ESI Act, 1948 and 4) The petition is not maintainable either on facts or in law. - 4 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 4. Thus, the Respondent has consistently maintained that there is no legal liability to pay any compensation to the Petitioner. 5. During the pendency of the above proceedings, the parties have held discussions and negotiations and have decided to amicably settle all disputes arising out of the alleged accident dated 07-01-2022, with an intention to avoid further litigation and to maintain peace and harmony. 6. It is expressly agreed and understood between the parties that the present settlement is arrived at without admission of any negligence, fault or liability on the part of the Respondent and is purely a gesture of goodwill and humanitarian consideration. 7. The terms and conditions of the settlement are as follows:
The Respondent has agreed to pay a sum of ` 80,000/- (Rupees Eighty Thousand Only) to the Petitioner as a onetime full and final settlement of all claims arising out of the alleged accident dated 07-01-2022.
The said amount of ` 80,000/ - is paid by the Respondent to the Petitioner through Demand Draft No. 850690 dated 29/1/2026 drawn on Gokula Branch Bank, which the Petitioner hereby acknowledges as satisfactory.
Upon receipt of the said amount, the Petitioner agrees that he shall not claim any further compensation, damages, interest, costs or benefits of any nature whatsoever from the Respondent in respect of the said accident. 8. The Petitioner further undertakes and agrees that:
He shall withdraw all criminal proceedings initiated by him against the Respondent arising out of the same incident, including proceedings - 5 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 in Crime No. 58/2022 and the CC No.26670/2022 in Chief Judicial Magistrate Court registered for offences punishable under Section 338 of the Indian Penal Code, 1860.
He shall co-operate and give his consent for the quashing of the FIR and criminal proceedings pending before the Hon'ble High Court of Karnataka in Crl.P. No. 7887/2023 or any connected proceedings.
He shall not initiate or continue any civil, criminal, quasi-judicial or other proceedings before any Court, Tribunal or Authority, including Civil Courts, Criminal Courts, this Hon'ble Tribunal or the Hon'ble High Court, against the Respondent in respect of the same subject matter. 9. The Petitioner states that this settlement is entered into voluntarily, with full understanding of its legal consequences, and without any coercion, threat, pressure or undue influence from the Respondent or any other person. 10. The Respondent states that the settlement amount is paid is purely as a goodwill gesture, despite there being no legal or statutory liability on the part of the Respondent and the same shall not considered as an admission of fault, negligence or liability of any nature. 11. The parties jointly submit that in view of the amicable settlement arrived at between them, the present petition in ECA No.03/2024 may be disposed of in terms of this Compromise Petition. WHEREFORE, the Petitioner and the Respondent most respectfully pray that this Hon'ble court to Record the present Compromise Petition entered between the parties and dispose the captioned petition in the interest of justice and equity.” - 6 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 4. The parties to the lis have also filed a Joint Memo which reads as follows: "JOINT MEMO (SETTLEMENT) The parties herein jointly submit that they have reached a settlement. The present proceedings were filed u/S.482 Cr.P.C by the Petitioner herein praying that this honble court may be pleased to quash the entire proceedings in C.C.No.26670/2022 pending before the CJM, Bengaluru Rural for the offence punishable under sections 287 and 338 of the IPC arising out of Cr.No.58/2022 registered by Byadarahalli Police Station. However, during the pendency of the proceedings, the parties have amicably reached a settlement of all the dispute arising out of the alleged accident dated 07.01.2022. It is submitted that with the intervention of elders, well- wishers and friends, the parties have amicably resolved and settled all their disputes. The parties have agreed to the following terms and conditions to give effect to this settlement: 1. The Petitioner herein has agreed to pay a sum of Rs.80,000/ (Rupees Eighty Thousand Only) to the Respondent as a onetime full and final settlement of all claims arising out of the alleged accident dated 07.01.2022. 2. The said amount of Rs. 80,000/- is paid by the Petitioner to the Respondent through Demand Draft No.850690 dated 29.01.2026 drawn on Gokula Branch Bank, which the Respondent hereby acknowledges as satisfactory. 3. Upon receipt of the said amount, the Respondent agrees that he shall not claim any further compensation, damages, interest, costs or benefits of any nature - 7 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 whatsoever from the Petitioner in respect of the said accident. 4. The Respondent further undertakes and agrees that: • He shall withdraw all criminal proceedings initiated by him against the Petitioner herein arising out of the same incident, including proceedings in Crime No. 58/2022 and the CC No.26670/2022 in Chief Judicial Magistrate Court registered for offences punishable under section 227 & 338 of the Indian Penal Code, 1860. • He shall co-operate and give his consent for the quashing of the FIR and criminal proceedings pending before this Hon'ble High Court of Karnataka in Crl.P. No.7887/2023 or any connected proceedings. • He shall not initiate or continue any civil, criminal, quasi-judicial or other proceedings before any Court, Tribunal or Authority, including Civil Courts, Criminal Courts, this Hon'ble Tribunal or the Hon'ble High Court, against the Petitioner in respect of the same subject matter. WHEREFORE, it is humbly prayed that this Hon'ble Court may kindly take this joint memo for reporting settlement on record in the interest of justice and equity." 5. The parties to the lis are present before the Court and are identified by their respective counsels. 6. In the light of the compromise petition and the Joint Memo as quoted supra being filed and offences not being - 8 - HC-KAR NC: 2026:KHC:32752 CRL.P No. 7887 of 2023 against the State, I deem it appropriate to accept the said compromise petition and the Joint Memo and terminate the proceedings against the petitioner in the subject petition. 7. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.26670/2022, pending before the Chief Judicial Magistrate, Bengaluru Rural, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 168