Smt Brunda N Vs Smt Pragathi Suresh

SMT PRAGATHI SURESH W/O SURESH KUMARESHAN AGED 28 YEARS R/AT NO 287/2, 7TH MAIN, 80TH FEET ROAD, VENKATAMMA LAYOUT SUBBANAPALYA, BANASWADI BENGALURU - 560043

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…RESPONDENT

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(BY SRI.A.RAMESH GOWDA, ADVOCATE)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.50834/2020 ON THE FILE OF THE 34^TH A.C.M.M., MAYO HALL AT BENGALURU AND ETC.,

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NC: 2025:KHC:25661 CRL.P No. 6896 of 2019

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Both petitioner and respondent and their respective counsel are present.

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A joint memo duly signed by the petitioner and respondent is filed, wherein both parties have settled the disputed between them. The terms and conditions of the joint memo reads as under:

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"a. The complainant has agreed and undertaken to withdraw the proceedings in CC No.50834/2020 pending on the file of 34th Additional Chief Metropolitan Magistrate Mayo Hall at Bengaluru initiated by her against the petitioner/accused under the provision of Section 138 of the Negotiable Instrument Act without making any nature of claims against accused or her husband in future.

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b. The complaint was an offshoot of misunderstanding between parties and their respective spouses resulting in cases being filed against each other.

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C. The complainant and her husband i.e. Suresh Kumareshan have assured the accused and her husband i.e. Sandeep. V are not entitled to make any nature claims to them in any manner and also undertakes that they shall not make any nature of

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NC: 2025:KHC:25661 CRL.P No. 6896 of 2019

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HC-KAR

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claims or claim any nature of benefit from Fits Squad Enterprises owned by the accused and her husband in future.

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d. The complainant has agreed to withdraw the above proceedings initiated against the accused unconditionally and also withdraw all the allegations made against the accused and her husband in CC No.50834/2020 pending on the file of 34th Additional Chief Metropolitan Magistrate Mayo Hall at Bengaluru.

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e. The complainant has agreed that the accused is not entitled to make any nature of payment as claimed in the CC No.50834/2020 pending on the file of 34th Additional Chief Metropolitan Magistrate Mayo Hall at Bengaluru.

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f. In view of the settlement arrived between the parties the complaint has agreed to return the original cheque which is subject matter of the proceedings in CC No.50834/2020 pending on the file of 34th Additional Chief Metropolitan Magistrate Mayo Hall at Bengaluru and the complainant has also no-objection for the accused to receive the said cheque from the learned trial judge produced and marked as Ex-P-1.

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g. Both the parties have agreed and undertaken that there is no any nature of claims in whatsoever manner against each other or their spouses in future.

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h. Both the parties after understanding the contents of this joint memo which has been explained in the language known to them and they after understanding the contents of this joint memo have affixed their signature out of their free will and wish without any compulsion or force by any person.

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NC: 2025:KHC:25661 CRL.P No. 6896 of 2019

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HC-KAR

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i. Both the parties have agreed that no objection to quash the entire proceedings in CC No.50834/2020 pending on the file of 34th Additional Chief Metropolitan Magistrate Mayo Hall at Bengaluru."

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3. Respondent admit the compromise and submits

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that she has no objection to allow the petition. The terms

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and conditions of compromise petition are legal and equitable. The same is accepted and accordingly,

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following:

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ORDER

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(i) Petition filed by petitioner/accused under Section 482 Cr.P.C is allowed.

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(ii) The proceedings in CC.No.50834/2020 (PCR.No.53969/2019) on the file of 34^th ACMM, Bengaluru for the offence punishable under Section 138 of Negotiable Instruments Act, is hereby quashed.

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