THE HIGH COURT OF KARNATAKA
MR. M.NAGAPRASANNA, J
SMT.ANURADHA SHEKAR W/O LATE M.GUNASHEKAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 15917 OF 2025|CRIMINAL PETITION NO. 16632 OF 2025|CRL.P No. 15917/2025|C.C.No.26454/2019|C.C.No.28542/2023
| Table of Content |
|---|
| 1. amicable settlements allow for quashing charges (Para 1 , 2 , 3) |
| 2. court views on necessity of quashing (Para 4) |
| 3. final order for quashing of cases (Para 5) |
ORAL ORDER
The petitioners are before this Court, seeking the following prayer:
In Crl.P.No.15917/2025:
"a) To Quash the charge sheet in so far as the Petitioners in C.C.No.26454/2019 on the file of 32nd Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec.417, 420, 421, 422, 120B R/w 34 of IPC, by arraying the Petitioner as Accused no.2;
b) Consequently, quash the entire proceedings in C.C.No.26454/2019 on the file of 32nd Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec.417, 420, 421, 422, 120B R/w 34 of IPC, by arraying the Petitioner as Accused no.2; and
c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."
In Crl.P.No.16632/2025:
"a) To Quash the charge sheet in so far as the Petitioners in C.C.No.28542/2023 on the file of 46th Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec.417, 420, 421, 422, 120B R/w 34 of IPC, by arraying the Petitioners as Accused no.1 to 3;
b) Consequently, quash the entire proceedings in C.C.No.28542/2023 on the file of 46th Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec.417, 420, 421, 422, 120B R/w 34 of IPC, by arraying the Petitioners as Accused no.1 to 3; and
c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."
2. Heard Sri. G.B. Sharath Gowda, learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri. K.V. Lokesh, learned counsel appearing for respondent No.2 in Crl.P.No.15917/2025 and Sri. G.B. Sharath Gowda, learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri. Suhith S., learned counsel appearing for respondent No.2 in Crl.P.No.16632/2025 and have perused the materials on record.
3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed the Joint Memos. The joint memos filed in both the petitions read as follows:
In Crl.P.No.15917/2025:
"JOINT MEMO BY PETITIONER AND RESPONDENT NO. 2
The petitioner and the 2nd respondent jointly submit as follows:
1. It is submitted that, based on the complaint dated 11.01.2019 by the 2nd Respondent, the 1st respondent registered a case in Crime No.16/2019 for offences punishable under Sections 120B, 421, 422, 420, and 417 IPC, arraying the petitioner as Accused No. 2. The 1st Respondent having carried out the investigation, filed charge sheet by arraying the petitioner as Accused No. 2 for the above stated offences. The Learned 32nd Addl. Chief Metropolitan Magistrate, Bengaluru took cognizance of the same and registered a case in C.C.No.26454/2019.
2. It is submitted that, during the pendency of C.C.No.26454/2019 on the file of 32nd Addl. Chief Metropolitan Magistrate, Bengaluru, the Petitioner and Respondent No.2 have arrived at an amicable settlement. In terms of the settlement, the petitioner gave a representation to the Respondent No.2 requesting for a One Time Settlement (OTS). The 2nd Respondent considering the representation of the Petitioner and the Accused No.1 & 3, gave a OTS offer vide its letter dated 30.08.2025, wherein it called upon the petitioner and accused NO. 1 & 3 to pay a sum of Rs. 4,27,00,000/- (Rupees four crore twenty-seven lakh). It is submitted that, in terms of the OTS offer, the petitioner and Accused No. 1 & 3 together paid a sum of Rs. 4,27,00,000/- (Rupees four crore twenty-seven lakh) to the 2nd respondent in full and final settlement of all its claims. In view of the same, the 2nd Respondent has undertaken to cooperate with the Petitioner
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