Ashwin Kumar & Others vs State Of Karnataka, By High Grounds Police Station, Bengaluru City & Others

M G Uma, J

Learned counsel for petitioner Nos.1 and 2 and respondent No.2 are present along with their respective parties. Learned counsels identified the petitioners and respondent No.2.

The petitioners and respondent No.2 have filed I.A.No.1/2024 seeking permission to compound the offence under Section 420 of IPC and to quash the criminal proceedings registered in Crime No.279/2023 pending on the file of the learned VIII Additional Chief Metropolitan Magistrate, Bengaluru. Joint Affidavit sworn by the petitioners and respondent No.2, reads as under:

"JOINT AFFIDAVIT

"1. We, (1) Sri.Ashwin Kumar, s/o Anantharaju YD aged about 50 years, Managing Director of cosmopolitan Industrial Security and Detective, Services Pvt., Off Situated At, No.601/602, 14th Cross, MC Layout, Vijaynagar, Bengaluru-560 040.

(2) Sri Kiran Kumar, s/o J.D Rangaswanty, aged chout about 44 years, r/at Lakshmi Ranga Nilaya, Udayagiri, Hassan, Presently r/at, No-A1, Kumara Krupa guest house, K K road, Bengaluru-560 001.

(3) Sri. Srinivas B G, s/o Govindappa B V, aged about 46 years, R/at, No.52, Vyalikaval, 12th 'B cross road, Kodandaramapur, Malleshwaram, Bengaluru-560003 are all well conversant with the facts of the above application.

We Deponent No.1 to Deponent No.2 are the Petitioners in the above matter and I, Deponent No. 3 is the Respondent No.2 in the above matter. Hence, we are competent to swear to this Joint Affidavit.

The averments made in the accompanying application for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief.

It is submitted that in the view of the settlement arrived between the parties the complainant i.e. Respondent No 2 withdraws his allegations against the Petitioner. Hence, the complainant does not intent proceed against the Petitioner in the above case. Under the circumstances this Hon'ble High court may be pleased to permit the Petitioners and Respondent No 2 to compound the case by quashing the criminal proceedings against the Petitioner. The offences against them are compoundable with the permission of the court.

I, Deponent No. 3/2nd respondent in the above matter have come forward to settle the criminal proceedings initiated by me against the Deponent No.1 to Deponent No.2/Petitioners which was done by me under mental distress and in consideration of the future prospects of both the families. We are desirous of settling the matter considering that the dispute. Hence, we have agreed to quash/compound criminal case in Crime No.279/2023 for offences punishable under sections 420 of IPC pending before the before the Learned 8th Addl Chief Metropolitan Magistrate, Bengaluru.

I, Sri Ashwin Kumar s/o Anantharaju YD aged about 50 years, the Petitioner No 1 do hereby declare that this is my name and signature and the contents of this affidavit in paragraph No 1 to 5 are true and correct to the best of my knowledge, information and belief.

I, Sri Kiran kumar s/o J.D Rangaswamy, aged about 44 years do hereby declare that this is my name and signature and the contents of this affidavit in aragraph No 1 to 5 are true and correct to the best of my knowledge, information and belief.

I, Sri Srinivas B G, s/o Govindappa B V, aged about 46 years, do hereby declare that this is my name and signature and the contents of this affidavit in paragraph No 1 to 5 are true and correct to the best of my knowledge, information and belief."

The petitioners and respondent No.2 who are present before the Court, admit the contentions of this affidavit. Respondent No.2/complainant submits that he has withdrawn all the allegations made against the petitioners and prays for compounding the offence and quash the criminal proceedings. Satisfied with the terms of the joint affidavit.

The application is allowed. The parties are permitted to compound the offence in criminal proceedings in Cr.No.279/2023 pending on the file of the learned VIII Additional Chief Metropolitan Magistrate, Bengaluru.

Accordingly, the criminal petition is disposed of. The criminal proceedings in question is quashed.

In view of the disposal of the criminal petition, I.A.No.1/2024 and does not survive for consideration.