ORAL ORDER

The petitioners in both the cases are before this Court calling in question proceedings in C.C.No.303/2013 and C.C.No.209/2013 pending on the file of the Senior Civil Judge and JMFC at H.D. Kote registered for offences punishable under Sections 420, 408 of the Indian Penal Code, 1860.

2. Heard the learned counsel Sri. Girish B.

Baladare, appearing for the petitioners, the learned High Court Government Pleader Smt. Sowmya R, appearing for respondent No.1 and the learned counsel Sri. Sandesh T.B., appearing for respondent No.2 in both the cases.

3. The learned counsel for the parties would submit that the matter has been settled between them and have filed such affidavit of compromise. The same read as follows:

IN CRL.P.No.7558/2023 "AFFIDAVIT"

I Shambulingegowda, S/o Bindu Gowda Aged about 47 years, Ex-Secretory Annur Raitha Seva Co-operative Bank Itd, RajegowdanaHndi Viallge, Heggadadevanakote Hobali, Mysore Dis, today at Bangalore do hereby solemnly affirm and state an oath as follows;

1. I submit that I am the petitioner in the above case and I have conversant with the facts and circumstances of the case, hence I am competent to make this application.

2. I submit that, the respondent police has registered the complaint against the me for the offence punishable under section 420 and 408 of the IPC during the course of the investigation I was implicated in the charge sheet without any prima facia case against us, Hence this petition by challenging the charge sheet.

3. I submits that, there is no misappropriation of the funds from my end, even otherwise the society passed resolution stating that, there is no due of any amount from my end as per the audit Report and also delegated the power to the chief executive officer to withdrew the case pending against me, hence prosecuting me for the alleged offence does not serve any purpose in spite of the resolution passed by the society to drop the proceedings against me, hence charge sheet laid against me liable to be quashed.

4. I submits that, as per the resolution there is no due of amount from me as per the audit Report towards the Bank, hence the complainant is not intending the prosecute the case which is pending against me, hence we are inclined to compound the offence with the permission of this Hon'ble court.

5. I submit that under the above circumstances if this application is not allowed and further proceedings pending against me are not quashed then more prejudice and hardship will caused to us. Wherefore this Hon'ble court be pleased to permit petitioner and Respondent No 1 & 2 to compound /compromise the above proceedings accordingly accordingly quash the entire proceedings and charge sheet filed by the Respondent No.1 i.e. H.D KOTE Police, H.D Kote, Mysore District in Crime No.39/2007 for the Offence Punishable under Section 420, 408 of IPC against the petitioners and the same is pending before the Senior Civil judge and JMFC at H.D Kote in C.C No 290/2013, in in the interest of justice."

IN CRL.P.No.7638/2023 "AFFIDAVIT"

I Shambulingegowda, S/o Bindu Gowda Aged about 47 years, Ex-Secretory Annur Raitha Seva Co-operative Bank Itd, RajegowdanaHndi Viallge, Heggadadevanakote Hobali, Mysore Dis, today at Bangalore do hereby solemnly affirm and state an oath as follows;

1. I submit that I am the petitioner in the above case and I have conversant with the facts and circumstances of the case, hence I am competent to make this application.

2. I submit that, the respondent police has registered the complaint against the me for the offence punishable under section 420 and 408 of the IPC during the course of the investigation I was implicated in the charge sheet without any prima facia case against us, Hence this petition by challenging the charge sheet.

3. I submits that, there is no misappropriation of the funds from my end, even otherwise the society passed resolution stating that, there is no due of any amount from my end as per the audit Report and also delegated the power to t