Mr Bhagwan Singh M R Vs State by Kumbalgodu Ps

MRS. RUPA BHAGAWAN SINGH, W/O BHAGWAN SINGH M. R., AGED ABOUT 58 YEARS, RESIDING AT NO.522, 20^TH MAIN ROAD, JAYANAGAR, 4^TH T BLOCK, BENGALURU 560041

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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MR. SOURABH BHAGWAN SINGH S/O BHAGWAN SINGH M. R., AGED ABOUT 28 YEARS, RESIDING AT NO.522, 20^TH MAIN ROAD, JAYANAGAR,

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4^TH T BLOCK, BENGALURU - 560041

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…PETITIONERS

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(BY SMT. VANDANA P.L., ADVOCATE)

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AND:

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STATE BY KUMBALGODU P.S., REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE- 560001

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NC: 2025:KHC:3266 WP No. 21000 of 2023

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MRS. VIJAYALAKSHMI JOSHI, AGED ABOUT 46 YEARS, RESIDING AT 973, 2^ND E CROSS, 3^RD STAGE, 3^RD BLOCK, BASAVESHWARANAGAR, BENGALURU - 560079

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…RESPONDENTS

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(BY SMT. M.M. WAHEEDA, HCGP FOR R1 SRI. HITESH GOWDA B.J., ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF INDIAN CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR AND CRIME NO.268/2023 DATED 19.08.2023 OF THE RESPONDENT KUMBALGODU P.S., FOR THE OFFENCES PUNISHABLE UNDER SEC 406 AND 420 OF THE INDIAN PENAL CODE 1860 REGISTERED ARRAIGNING THE PRESENT PETITIONERS ACCUSED NO. 3 TO 5 RESPECTIVELY PENDING ON THE FILES OF PENDING ON THE FILE OF THE II ADDL CJM COURT, BANGALORE RURAL DISTRICT VIDE ANNEXURE-A.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner has sought for the following relief:-

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“1. Issue and appropriate writ or order or direction quashing the FIR and Crime No.268/2023 dated 19.08.2023 of the respondent Kumbalagodu P.S. for the offences punishable under Section 406 and 420 of the Indian Penal Code, 1860 registered arraigned the present petitioners

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NC: 2025:KHC:3266 WP No. 21000 of 2023

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accused No.3 to 5 respectively pending on the file of II Addl. CJM Court, Bangalore Rural District vide Annexure-A.

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2. Pass/issue such other needy directions/orders in favor of the Petitioners under the circumstances of the case in the interest of justice and equity.

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Learned counsel for the petitioners – accused Nos.1 to 3 and respondent No.2 – complainant have filed a Joint Affidavitn dated 17.01.2025 duly signed by the petitioners, their counsel and 2^nd respondent and the same is taken on record.

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Petitioners – accused Nos.1 to 3 and respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-

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“ We Sri. M.R. Bhagwan Singh & Anr (Petitioner No.1), aged about 68 years, S/o. M.R. Raja Singh, R/a No.522, 20st Main Road, 35st Cross, 4^th T Block, Jayanagar, Bengaluru – 560041,

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Smt. Roopa Bhagwan Singh (Petitioner No.2), aged about 60 years, W/o Sri. M.R. Bhagwan Singh, R/a No.522, 20st Main Road, 35st Cross, 4^th T Block, Jayanagar, Bengaluru – 560041,

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Smt. Sourab Bhagwan Singh (Petitioner No.3), aged about 30 years, W/o Sri M.R. Bhagawan Singh, R/a No.522, 20st Main Road, 35st Cross, 4^th T Block, Jayanagar, Bengaluru – 560041 and

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NC: 2025:KHC:3266 WP No. 21000 of 2023

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Smt. Vijayalaxmi Joshi (Respondent No.2), aged about 43 years, W/o Sri. Laxmikanth Joshi, R/a No.973, 2^nd E Cross, 3^rd Stage, 3^rd Block, Basaveshwaranagar, Bengaluru – 560079 do hereby solemnly affirm and state on oath as follows:

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1. We are Petitioners No.1, 2, 3 and Respondent No.2 in the afore mentioned matter, and we are completely conversant with the facts and circumstances of the aforementioned matter and competent to depose this Affidavit.

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2. We state that, the 2^nd Respondent had lodged a Complaint on 19.08.2023 against the Petitioners and three others before the 1^st Respondent Police in consequence to which and FIR in Crime No.268/2023 came to be registered against the Petitioners for the offences punishable under Section 406 and 420 of the Indian Penal Code, 1860 (IPC) pending on the file of Hon’ble 2^nd Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru.

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3. We state that, being aggrieved by the registration of FIR in Crime No.268/2023, the Petitioners had approached this Hon’ble Court, invoking its jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC) in the afore-mentioned WP No.21000/2023 seeking quashing of the said FIR and Complaint in Crime No.268/2023 and this Hon’ble Court, Vide its Order dated 10.10.2023, was pleased to stay further proceedings in Crime No.268/2023.

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4. We state that, with the intervention of the wellwishers of both the parties, the Petitioners and the Respondent No.2 have voluntarily decided to amicably resolve all the disputes with no further claims against each others arising out of the FIR registered Crime No.268/2023.

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5 - NC: 2025:KHC:3266 WP No. 21000 of 2023

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5. We state that in view of the amicable settlement reached between the parties, the Petitioners and the Respondent No.2 does not have any objections whatsoever, with respect to:

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A. Quashing of the FIR in Crime No.268 of 2023 filed by the Respondent Police against the Petitioners, at Annexure – ‘A’.

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B. Quashing of the Complaint dated 19.08.2023 lodged by Respondent No.2 before the 1^st Respondent Police at Annexure – ‘B’.

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6. We further state that the 2^nd Respondent has no interest in prosecution the criminal case as against the Petitioners and the 2^nd Respondent has no objections for the impugned FIR and complaint to be quashed.

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What is stated herein above and in the accompanying Application are true and correct to the best of our knowledge, information, and belief.”

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In view of the aforesaid settlement entered into

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between the petitioner and 2^nd respondent, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of Joint Affidavit dated 17.01.2025.

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(ii) The proceedings in Crime No.263/2023 registered by 1^st respondent – Police registered for the offences punishable under Sections 406 and 420 of IPC, pending on the file of II

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NC: 2025:KHC:3266 WP No. 21000 of 2023

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Additional Chief Judicial Magistrate, Bengaluru Rural District, insofar as the petitioners are concerned, are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC List No.: 1 Sl No.: 167

Mr Bhagwan Singh M R v. State by Kumbalgodu Ps

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Mr Bhagwan Singh M R v. State by Kumbalgodu Ps

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