Sri Govindraj M Vs State by Avalahalli Police Station

SRI. GOVINDRAJ M SON OF LATE SRI. MARIKARIYAPPA, AGED ABOUT 43 YEARS, RESIDING AT N.14, TANYA NILAYA, POOJAPPA ROAD, CHAIRMAN STREET, KAMMANAHALLI MAIN ROAD, RAMASWAMY PALYA, BANGALORE NORTH, BANGALORE MARUTHI SEVANAGAR, BANGALORE-560 033.

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…PETITIONER

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(BY SRI. K.R.NAGARAJA, ADVOCATE)

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AND:

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STATE BY AVALAHALLI POLICE STATION REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU -560 001.

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SMT. SONI D/O PANDURANGARAO, A/A 49 YEARS, RESIDING AT #26, GOKULAM, 1^ST CROSS, MANGO MEDOS, PHASE-02, KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BENGALURU -560 077.

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…RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. D.U. SENTHIL KUMAR, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.287/2022 OF AVALAHALLI POLICE STATION ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 354, 331, 504, 506, 406, R/W 34 OF I.P.C.

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IN CRL.P NO. 6480/2023

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BETWEEN:

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SMT. DEEPIKA WIFE OF GOVINDARAJU, D/O K. SHIVAJIRAO, AGED ABOUT 41 YEARS, RESIDING AT NO.41, TANYA NILAYA, CHAIRMAN STREET, RAMASWAMY PALYA, MARUTHISEVA NAGAR, BANGALORE-560 033.

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...PETITIONER

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(BY SRI. K.R.NAGARAJA, ADVOCATE)

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AND:

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STATE BY AVALAHALLI POLICE STATION REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE-560 001.

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SMT. SONI D/O PANDURANGARAO, A/A 47 YEARS, RESIDING AT #26, GOKULAM, 1^ST CROSS, MANGO MEDOS, PHASE-02, KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BENGALURU-560 077.

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...RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. D.U. SENTHIL KUMAR, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH

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THE ENTIRE PROCEEDINGS IN CRIME NO.287/2022 OF AVALAHALLI POLICE STATION ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 354, 331, 504, 506, 406, R/W 34 OF I.P.C.

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IN CRL.P NO. 2959/2024

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BETWEEN:

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SMT. SONI P W/O SRI. M. GOVIND RAJ, D/O SRI. PANDURANGA RAO, AGED 48 YEARS, R/AT: NO.14, PATELEIAH ENCLAVE, BANJARA LAYOUT, KALKERE AGRARA MAIN ROAD,

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BANGALORE-560 043. PRESENTLY RESIDING AT NO.26, GOKULAM, 1^ST CROSS, MANGO MEADOWS-02, KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560 049.

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SMT. VARSHA SAI D/O SMT. SONI P, AGED ABOUT 26 YEARS, R/AT: NO.14, PATELEIAH ENCLAVE, BANJARA LAYOUT, KALKERE AGRARA MAIN ROAD, BANGALORE -560 043. PRESENTLY RESIDING AT NO.26, GOKULAM, 1^ST CROSS, MANGO MEADOWS-02, KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560 049.

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SRI. R. TULASI RAMAN S/O SRI. R.K. RAVICHANDER, AGED ABOUT 27 YEARS, NO.26, 1^ST FLOOR, NARAYANA HOSPITAL STREET, NEAR COMMERCIAL STREET, SHIVAJINAGAR, BANGALORE-560 001.

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SRI. VINAY NAGARAJ S/O SRI. C. NAGARAJ, AGED ABOUT 43 YEARS, NO.416, 9^TH MAIN, NEAR BABUSAPALYA BUS STOP, HRBR LAYOUT, 1^ST BLOCK, KALYAN NAGAR, BANGALORE-560 043.

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SMT. ROSHINI SATYANARAYAN D/O SRI. VINAY NAGARAJ, AGED ABOUT 35 YEARS, R/AT NO.416, 9^TH MAIN, NEAR BABUSAPALYA BUS STOP, HRBR LAYOUT, 1^ST BLOCK, KALYAN NAGAR, BANGALORE-560 043.

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SRI. SUDEEP D MEHANDHARKAR S/O SRI. DEVENDRA RAO M.K., AGED ABOUT 34 YEARS, R/AT NO.309, 2^ND C MAIN, BEHIND ST. VINCENT PALLOTI CHURCH, OMBR LAYOUT, CHIKKA BANASWADI, KALYANANAGAR, BANGALORE-560 043. PRESENTLY R/AT NO.503, WING A, ASPEN GARDEN, PLOT A, BEHIND NIRLON ROAD, GUREGAON EAST, MUMBAI-460 063.

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SMT. MANJULA M.K. C/O LATE M.S. SATYANARAYANA, AGED ABOUT 64 YEARS, R/AT NO.14, PATELEIAH ENCLAVE, BANJARA LAYOUT, KALKERE AGRARA MAIN ROAD, BANGALORE -560 043.

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...PETITIONERS

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(BY SRI. D.U. SENTHIL KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY AVALAHALLY POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560 001.

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SRI. GOVINDARAJ M. AGED ABOUT 42 YEARS, S/O SRI. MARIKARIYAPPA, R/AT NO.14, TANYA NILAYA, POOJAPPA ROAD, CHAIRMAN STREET, KAMMANAHALLI MAIN ROAD, RAMASWAMY PALYA, BANGALORE-560 033.

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...RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. K.R. NAGARAJA, ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CRIME NO.156/2023 AT AVALAHALLY P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 110, 120B, 406, 420, 448, 504, 506, 177, 182, 329 OF IPC 1860 AGAINST THE PETITIONERS HEREIN VIDE ANNEXURE-A, TAKEN COGNIZANCE ON ACCORD OF PCR NO.150/2023 VIDE ANNEXURE-B FILED BY THE DEFACTO COMPLAINANT PENDING ON THE FILE OF ACJM BENGALURU RURAL AT BENGALURU.

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IN CRL.P NO. 11885/2024

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BETWEEN:

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SMT. SONI P D/O SRI. PANDURANGA RAO, AGED 48 YEARS, R/AT: NO.14, PATELEIAH ENCLAVE, BANJARA LAYOUT, KALKERE AGARA MAIN ROAD, BANGALORE-560 043. PRESENTLY RESIDING AT NO.26, GOKULAM, 1^ST CROSS,

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MANGO MEADOWS-02, KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560 049.

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...PETITIONER

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(BY SRI. D.U. SENTHIL KUMAR, ADVOCATE)

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AND:

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SRI. GOVINDARAJ M. AGED ABOUT 42 YEARS, S/O SRI. MARIKARIYAPPA, R/AT NO.14, TANYA NILAYA, POOJAPPA ROAD, CHAIRMAN STREET, KAMMANAHALLI MAIN ROAD, RAMASWAMY PALYA, BANGALORE-560 033.

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...RESPONDENT

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(BY SRI. K.R. NAGARAJA, ADVOCATE)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.56339/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT AGAINST THE PETITIONER HEREIN VIDE ANNEXURE-A AND B, FILED BY THE RESPONDENT PENDING ON THE FILE OF THE 34^TH ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT AT BANGALORE.

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THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Crl.P.No.4298/2024 is preferred by accused No.1 and Crl.P.No.6480/2023 is preferred by accused No.2, praying to quash the entire proceedings in Cr.No.287/2022 registered at Avalahally Police Station, Bengaluru District,

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wherein the charge sheet is filed and numbered as CC No.11988/2024 before the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for offences punishable under Section 323, 354, 331, 504, 506, 406 r/w 34 of IPC.

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Crl.P.No.2959/2024 is preferred by

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petitioners/accused Nos.1 to 7 praying to quash the criminal proceedings arising out Cr.No.156/2023 registered at Avalahally Police Station, Bengaluru District, for offences punishable under Section 110, 177, 182, 506, 504, 120B, 406, 420, 448 and 329 of IPC, pending on the file of the Court of ACJM, Bangalore Rural District.

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Crl.P.No.11885/2024 is preferred by the

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petitioner/accused seeking permission of the Court to compound the offence and quash the criminal proceedings in CC No.56339/2024 pending on the file of XXXIV ACJM, Mayo Hall Unit, Bangalore, registered for the offence punishable under Section 138 of N.I. Act.

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Case in C.C.No.56339/2024 arises out of

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dishonour of a cheque issued by the petitioner therein for a sum of Rs.10 lakhs. By way of settlement, the said petitioner has agreed to handover a Demand Draft bearing No.926711 dated 14.3.2025 for a sum of Rs.10 lakhs (Rupees Ten lakhs only) to the respondentGovindaraj, who is present before the Court. He has acknowledged the receipt of the said Demand Draft.

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A Joint Memo has been filed by the parties concerned to the lis wherein, it is stated that they have agreed for the settlement out of Court and decided to reside peacefully and amicably. The Joint Memo and the affidavits signed by the learned advocates appearing for

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the parties as well as by the respondents-complainants are placed on records. Para-12 of the joint memo is extracted hereunder:

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“12. It is further submitted that the cheque bearing No.042152 dated 01.02.2024 for a sum of Rs. 10,00,000/- (Rupees Ten Lakh Only) was shown as a consideration receipt in Reg. Release Deed dated 15/11/2023 bearing Registration document No.16061/2023-24, registered by the Sub Registrar Banaswadi, Bangalore and since the payment of the same was stopped by Petitioner for the reasons stated above it now necessary to construe the Demand Draft bearing No.926791, dated 14.03.2025, for a sum of Rs.10,00,000/(Rupees Ten Lakh Only) drawn on South Indian Bank, (0008) City Branch, Bangalore, in favour of Respondent, Sri. Govindraj M as a payment received as an alternative to the same and Respondent agrees to execute necessary supplementary deed/Affidavit in support of the same and not make any adverse claim making use of the said lacuna.”

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6. Learned counsel appearing for the parties would

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draw the attention of the Court, the memorandum of

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Settlement filed under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 filed in O.S.No.736/2023 before the Court of VII Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. Para-3 of the said Memorandum of Settlement reads as under:

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“3. WITHDRAWAL OF OTHER CASES FILED BY PLAINTIFFS AND DEFENDANTS

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3.1 That the Defendant shall forthwith make all arrangement in accordance with law to withdraw Cr.No.0156/2023 registered against the Plaintiff, her daughter Mrs. Varsha Sai, her son in law Mr. R Tulasi Raman, her relatives namely Mr. Vinay Nagaraj, Mrs. Roshini Satyanarayan, Mr. Sudeep D Mehandharkar and Mrs.Manjula M.K. for the alleged offences punishable under sections 110, 177, 182, 506, 504, 120B, 406, 420, 448, 329 of IPC based on PCR No.150/2023 filed by the Defendant No.1 before the Hon'ble ACJM Bangalore Rural at Bangalore. The legal discharge of the above issued cheques shall accrue on the plaintiff subject to the withdrawal of the said case by the defendant No.1 and the defendants shall not make good of the same till the act of the said averments.

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3.2 That the Plaintiff shall forthwith withdraw M.C. No.5489/2022 pending on the file of Hon'ble 2^nd Addl. Principal Judge, Family Court at Bangalore on account of this compromise agreement achieved in O.S.No.736/2022 pending on the file of Hon'ble VIII Additional Principal Senior Civil Judge Bangalore Rural at Bangalore.

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3.3 That the Plaintiff shall make all arrangements in accordance with law to withdraw her complaint registered in Cr.No.287/2022 registered by Avalahalli P.S pending on the file of Hon'ble ACJM Bangalore Rural District registered against the Defendant No.1 & 2, for the offences punishable under section 506, 34, 504, 406, 323, 331 & 354 of IPC subject to execution of the Reg. release deed by the 1^st Defendant in favour of the Plaintiff pertaining to the Suit Schedule Properties and Cr.No.0156/2023 registered against the Plaintiff, her daughter Mrs. Varsha Sai, her son in law Mr. R Tulasi Raman, her relatives namely Mr. Vinay Nagaraj, Mrs. Roshini Satyanarayan, Mr. Sudeep D Mehandharkar and Mrs.Manjula M.K. for the alleged offences punishable under sections 110, 177, 182, 506, 504, 120B, 406, 420, 448, 329 of IPC based on PCR No.150/2023 filed by the

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Defendant No.1 before the Hon'ble ACJM Bangalore Rural at Bangalore.

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3.4 That however if the defendants have difficulty in withdrawal of Cr.No.0156/2023 the plaintiff shall make all arrangements for the withdrawal of the same in accordance with law and ensure that on the very same day the case filed by the plaintiff against the defendants in Cr.No.287/2022 is also withdrawn by her in way of approaching the Hon'ble High Court of Karnataka under section 482 of Cr.P.C.

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3.5 That in accordance with the above averments under the pertaining head each party reserve their liberty to approach the appropriate Court of law and get the cases quashed against them based on this compromise agreement in the event they fail to co-perate in jointly. The other party shall not refrain from raising any objections to the same unless there is a breach by the other party to this compromise agreement.”

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The learned advocates appearing for the parties

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would submit that, with the intervention of family members and well wishers, the respective parties to the lis

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have agreed for settlement and the complainants in the respective cases are not interested in prosecuting their complaint any further.

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Complainants in the above cases, who are present before the Court would submit that in view of the settlement arrived, they do not wish to continue the criminal proceedings initiated by them and they have given up all the allegations and the charges levelled against each other and they have no objection to quash the criminal proceedings.

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The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character,

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particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

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The dispute is purely private in nature. In view of the settlement arrived, continuation of proceedings will be a futile exercise. Hence, in the interest of justice, it is appropriate to quash the proceedings pending before the trial Courts.

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ORDER

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i. Petitions are allowed.

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ii. The entire proceedings in Cr.No.287/2022 of Avalahalli Police Station against the petitioners i.e., petitioner/accused No.1-Govindraj M. in Crl.P.No.4298/2024 and petitioner/accused No.2Smt.Deepika in Crl.P.No.6480/2023, are quashed.

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