- 1 - HC-KAR CNR: KAHC010259772026 NC: 2026:KHC:37878 CRL.P No. 5647 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5647 OF 2026 BETWEEN: SMT. RADHA PRABHUDEV, W/O K. PRABHUDEV, AGED ABOUT 66 YEARS, R/AT, "ACHUTHA NILAYAM", NO.230, 2ND MAIN, DOMLUR, 2ND STAGE, BENGALURU-560 071. …PETITIONER (BY SRI. M.R.C. MANOHAR, ADVOCATE) AND: MRS. PRESLEY NGASAINAO, D/O TUICHUNG NGASAINAO, AGED ABOUT 41 YEARS, R/AT, NO.52, 1ST CROSS, 9TH MAIN, HAL 3RD STAGE, BENGALURU-560 075. …RESPONDENT (BY SRI. I.S. DEVAIAH., ADVOCATE) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST HER, IN C.C.NO.56577/2026 (PCR NO.51810/2026) FOR THE OFFENCE P/US/ 138 OF N.I. ACT, PENDING BEFORE THE XXXIV ADDL. CHIEF JUDICIAL MAGISTRATE, MAYO HALL UNIT, BENGALURU, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010259772026 NC: 2026:KHC:37878 CRL.P No. 5647 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.56577/2026, pending before the XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard Sri.M.R.C Manohar, learned counsel appearing for the petitioner, Sri.I.S.Devaiah, learned counsel appearing for the respondent 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 compounding application along with joint affidavit in that regard. The joint affidavit reads as follows: “1. WE submit that, Smt. Radha Prabudev is the Petitioner/Accused & Mrs. Presley Ngasainao is the Respondent/Complainant in the above case. 2. It is submitted that, on 06/01/2026, the Respondent has filed a Private Complaint in PCR No.51810/2026, - 3 - HC-KAR CNR: KAHC010259772026 NC: 2026:KHC:37878 CRL.P No. 5647 of 2026 before the XXXIV ACJM, Bengaluru, for offence punishable u/S.138 of N.I Act and the Hon'ble Trial Court has taken cognizance on 11/02/2026 & a case is registered in C.C No.56577/2026, pending before the XXXIV ACJM, Bengaluru. 3. The Petitioner is the landlord of the residential house, 'Achyuta Nilayam', No.230, 2nd Main, Domlur, II Stage, Bengaluru-75 & the Respondent & her family members were the tenant in the said residential house vide lease- cum-rent Agreement dt: 21/01/2019 & dt:01/03/2024. That, the Respondent (Tenant) had deposited a sum of Rs.2.6 Lakhs as refundable security deposit & the Petitioner (Landlord) has agreed to refund the Security Deposit amount at the time of vacating the premises, after making necessary deductions towards the maintenance, arrears of rent & as per the terms of the Rental Agreement, afore-mentioned. 4. Accordingly, the Petitioner & the Respondent have mutually agreed that the Petitioner shall pay to the Respondent a sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) as full & final settlement of all inter se claims between the parties, including refund of security deposit, rentals, damages, interest, costs, etc. Upon payment and receipt of this full and final settlement amount, neither party shall have any claim whatsoever, past, present or future against the other party, with respect to the above transaction & the above residential premises. 5. Further, the Respondent/Mrs. Presely Ngasainao, herein along with her family members namely Ms. Leishinao D/o Taichung Ngasainao, Ms. Leiyaphy Sasa D/o Bliss Sasa & Ms.Ngalangam Ngasainao D/o Taichung Ngasainao who are parties to the Rental Agreement dt:21/01/2019 & dt:01/03/2024, hereby declare that they shall not have any right(s), interest or claims, whatsoever, past, present or future against the Petitioner, insofar as it relates to the Landlord & Tenant relationship with respect to the Residential House, 'Achyuta Nilayam', No.230, 2nd Main, Domlur, II Stage, Bengaluru-75. - 4 - HC-KAR CNR: KAHC010259772026 NC: 2026:KHC:37878 CRL.P No. 5647 of 2026 6. The Petitioner is herewith handing over the Demand Draft for a sum of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) bearing D.D No.000506 drawn on HDFC Bank dt: 17/07/2026 in favour of the Respondent/Mrs. Presely Ngasainao & the Respondent hereby has acknowledged the receipt of the said D.D, in full and final settlement of all claims between the parties. 7. It is submitted that, the Parties have come to a conclusion to resolve the entire disputes between themselves, and accordingly, this settlement has been arrived between the Parties. 8. WE submit that, the Respondent & the Petitioner, after due deliberations and advises from well-wishers, relatives & friends, have decided to settle their disputes. 9. WE submit that, the Respondent has no objection for quashing the entire proceedings, initiated against the Petitioner, in C.C No.56577/2026 (PCR No.51810/2026) for the offence punishable u/S.138 of N.I Act, pending before the XXXIV Addl. Chief Judicial Magistrate, Mayo- Hall Unit, Bengaluru. 10. WE submit that, this Joint-Affidavit has been executed voluntarily and after duly understanding the full purport thereof and with free will and accord, without any coercion, undue influence, fraud, misrepresentation from any persons. WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the present petition and quash the impugned proceedings, on the basis of, and in terms of this joint affidavit, in the interest of justice.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. The demand draft of Rs.1,80,000/- is handed over to the counsel for the complainant and is acknowledged by the complainant. - 5 - HC-KAR CNR: KAHC010259772026 NC: 2026:KHC:37878 CRL.P No. 5647 of 2026 6. In the light of compounding application and joint affidavit as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the same 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.56577/2026 (PCR No.51810/2026), pending before the XXXIV Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 79