Srinivasa T & Ors vs State Of Karnataka & Ors.

J.M. Khazi, J

Petitioners/accused Nos.1 and 2 and respondent No.2/complainant are present before the Court.

Learned counsel representing the petitioners as well as respondent No.2 and learned High Court Government Pleaderfor respondent No.1-State are also present.

A joint affidavit of the parties is filed and duly signed by both the petitioners and respondent No.2. It is supported by affidavits of the petitioners/accused, respondent No.2/complainant. The terms of compromise petition reads as follows:

The respondent No.2 had given complainant against the Petitioners to the 1st respondent police and the same is been registered as Crime No.82/2022 pending on the file of 4th Addl.Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City for the offence punishable u/sec.420, 406 & 34 of Indian Penal Code.

The petitioners and the respondent No.2 with the help of elders and well-wishers along with the wise advise of their advocates the respondent No.2 has made his mind to withdraw the complaint which was lodged against the petitioners on 23.05.2022 by receiving amount of Rs.1,18,00,000/-(One Crore Eighteen Lakhs only) through a cheque dated 10.08.2025 bearing No.199937 drawn on Axis Bank Chickaballapura Branch as full and final settlement.

It is agreed between the parties that the complainant/respondent No.2 shall withdraw the complaint by receiving the amount of Rs.1,18,00,000/-(One Crore Eighteen Lakhs only) from the petitioner No.1 as full and final settlement, and the 2nd respondent shall cooperate to withdraw the above case before this Hon'ble Court.

It is also agreed between the parties that other than the above said financial transaction there are no any other transaction between them, they do not have claim against each other than the above said settlement amount mentioned in this compromise petition.

The petitioner No.1 further undertakes to comply the above said condition of passing the above said cheque dated 10.08.2025 bearing No.199937 drawn on Axis Bank Chikkaballapura Branch in favour of the defendant No.2 when it is been present.

The respondent No.2/complainant is at liberty to initiate the 138 proceedings under of Negotiable Instrument Act before the Jurisdictional Court in the event of the said cheque getting bounced.

WHEREFORE the petitioners and the respondent No.2 most respectfully prays before this Hon'ble Court to kindly be pleased to quash the FIR and complaint in Crime No.82/2022 pending on the file of the 4th Additional Chief Metropolitan Magistrate for the offences punishable under Section 420, 406 & 34 of IPC to meet the ends of justice, equity and good consciences.

Respondent No.2 reports receipt of a cheque for total sum of Rs.1,18,00,000/-(One Crore Eighteen Lakhs only) subject to realization.

However, if cheque issued by petitioners to respondent No.2 is dishonored, then this petition shall be revived to proceed in accordance with law.

Respondent No.2/complainant admit the compromise and submits that he has no objection to allow the petition. The terms and conditions of compromise petition is legal and equitable. The same is accepted and accordingly, following:

ORDER

(i) The petition filed by petitioners/accused Nos.1 and 2 under Section 482 Cr.P.C, is hereby allowed.

(ii) The entire proceedings in Cr.No.82/2022 pending on the file of the 4th Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed.

(iii) The Registry is directed to send copy of this order to the trial Court forthwith.