Debora Ann Shea Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING QUASH THE FIR DATED 12.07.2022 BEARING CR.NO.198/2022 FILED BY THE RESPONDENT NO.1 PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL, BENGALURU (ANNEXURE-A) AND ETC.

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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 MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have challenged the First Information Report (henceforth referred to as 'FIR') registered by the respondent No.1 dated 12.07.2022 in Crime No.0198/2022 pending consideration before the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 506, 504, 447 and 448 read with Section 34 of the Indian Penal Code, 1860 (henceforth referred to as 'IPC').

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NC: 2026:KHC:22306 CRL.P No. 6665 of 2022

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HC-KAR

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When this petition is listed for admission, a joint

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memo is filed by the petitioner No.2 and the respondent No.2,

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the terms of which reads as follows:

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"JOINT MEMO OF SETTLEMENT FILED BY PETITIONER NO. 2 AND RESPONDENT NO. 2

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The Petitioner No.2 and the Respondent No.2 in this case respectfully submit as follows:

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1. That, based on the Complaint filed by the Respondent No.2 Police have registered an FIR in Crime No. 198/2022 for the offences punishable under Sections 506, 34, 504, 447, 448 of Indian Penal Code, pending on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.

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2. That the Petitioner No.1 has died and the Petition does not survive to such extent.

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3. That, the Petitioner No.2 was a tenant with the First accused Company in the FIR named Aquila Films Pvt. Ltd., in which Petitioner No.1 was a Director. On 16.04.2026, pursuant to a settlement, a Joint Memo of Settlement came be filed before the Civil Judge at K.R.Puram in a Suit pending between the parties in O.S. No. 2082/2025 and the said Suit came to be disposed thereon, in terms of the settlement. In that view of the matter, the Respondent No.2 does not intend to pursue the case as against the any of the Accused, including the Petitioner No.2 and hence files

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4 - NC: 2026:KHC:22306 CRL.P No. 6665 of 2022

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HC-KAR

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this application and has sworn to the Joint Affidavit filed along.

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4. That, the offences alleged against the Petitioners are compoundable in nature and even otherwise, this Hon'ble Court in its inherent jurisdiction has ample powers to quash the offences alleged in the impugned proceedings.

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5. That, in view of the settlement entered into between the parties this Application is made jointly before this Hon'ble Court, praying to quash the proceedings as compounded and settled between the parties.

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WHEREFORE, it is prayed that this Hon'ble Court may be pleased to Quash the FIR and entire proceedings, in Crime No. 198/2022 for the offences punishable under Sections 506, 34, 504, 447, 448 of Indian Penal Code, pending on the file of the Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, in the interest of justice and equity."

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The offences alleged against the petitioner No.2 are

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under Sections 506, 504, 447 and 448 read with Section 34 of IPC, which are neither punishable with death or life imprisonment. Therefore, in view of the judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of

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5 - NC: 2026:KHC:22306 CRL.P No. 6665 of 2022

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HC-KAR

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Punjab [(2012) 10 SCC 303] , the petitioner No.2 and the respondent No.2 are permitted to settle the disputes amicably.

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In view of the joint memo filed in terms of which

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the respondent No.2 and the petitioner No.2 have settled the dispute, the continuation of the criminal prosecution of the petitioner No.2 is unwarranted.

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Hence, the following order is passed:

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ORDER

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i. This petition is allowed ;

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ii. The FIR drawn by the respondent No.1 against the petitioner No.2 in Crime No.0198/2022 on the file

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of the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 506, 504, 447 and 448 read with Section 34 of IPC, is quashed in so far as the petitioners are concerned;

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