Amicable settlements between parties can validly quash criminal proceedings when no further allegations persist.

ORAL ORDER

Heard Shri Lethif B., learned counsel appearing for the petitioners; Shri B.N. Jagadeesha, learned Additional Special Public Prosecutor for respondent No.1 and Shri Mahammad Anwar, learned counsel appearing for respondent No.2.

2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with affidavits. The affidavits reads as follows:

"AFFIDAVIT I, Ismail Sunnal S/o. Isubu Byari, Aged about 54 years, R/at: Apartment No.202, Samriq residency, Amaralwa Road, Pandeshwar Post, Monkey Stand, Mangaluru D.K District 575 001, today at Bengaluru do hereby solemnly affirm and state on oath as follows.

I, Padil Jeevan Prakash S/o. Kunja Raghu Aged about 54 years, R/at: No.3-12/1, Giridhama Jelligudde, Near Water Tank Bajal, Mangaluru, D.K District 575 027, today at Bengaluru do hereby solemnly affirm and state on oath as follows.

1. We state that, we are the petitioner in the above case I know the facts and circumstances of the case. Hence we are deposing hereunder.

2. We state that, we are the practicing advocates at Mangaluru BAR we have long standing practice more than 25 years. We are drafted the alleged sale deed, same was executed before the sub registrar office and we are not aware about the any further allegations made in the complaint.

3. We state that, the dispute between us and complainant has been resolved by us with the intervention of the friends.

4. We state that, the 2nd respondent filed complaint without knowing the consequence and charge sheet was filed on the basis of said complaint.

5. We state that, we have no objection to quash the proceedings and complainant is ready to withdraw the allegation of compliant filed before the police.

Wherefore, we pray that, this Hon'ble Court may be pleased to permit us to compound the offence consequently, quash the entire proceedings in C.C No.56/2013, for the Offence punishable under Section 406, 409, 419, 420, 465, 468, 470, 471 R/w 149 of IPC, on the file 1 Additional Senior Civil Judge and CJM, Mangaluru, D.K District, of Ullala Police Station, in the interests of justice.

AFFIDAVIT I, Sharath Kumar S/o. Late Venkatappa Poojari Aged about 52 years, R/at: No.1-30, Kinya Mithada House, Kinya, D.K District - 575 023, do hereby solemnly affirm and state on oath as follows.

1. I state that, I am the complainant in the above case and I know the facts and circumstances of the case. Hence I are deposing hereunder.

2. I state that, I have filed ocmplaint under the wrong impression that, these petitioners are directly involved in the alleged offence, but on verification it has found that, they had drafted the sale deed and signed before the sub registrar office, except said part there was no other role played by these petitioners while executing the sale deed.

3. I state that, I had decided to give quietus to the dispute by withdrawing the allegation and I have no objection to quash the proceedings against the petitioners.

4. I state that, I know the contents of the affidavit; I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence.

Wherefore, I pray that, this Hon'ble Court may be pleased to permit us to compound the offence consequently, quash the entire proceedings in C.C No.56/2013, for the Offence punishable under Section 406, 409, 419, 420, 465, 468, 470, 471 R/w 149 of IPC, on the file 1 Additional Senior Civil Judge and CJM, Mangaluru, D.K District, of Ullala Police Station, in the interests of justice."

3. In light of the settlement arrived at between the parties as afore-quoted, I pass the following:

ORDER

i. Criminal Petition is disposed.