CRL.P/9136/2026 of SMT PAULINE CRASTA Vs THE STATE OF KARNATAKA on 19 August 2026

ORAL ORDER

The petitioner is before this Court seeking the following prayers: "A. QUASH the entire proceedings in C.C. No. 1273/2021 pending on the file of the Hon'ble Principal Senior Civil Judge and JMFC, Puttur, arising out of Crime No. 148/2014 of Puttur Town Police Station for the offences punishable under Sections 465, 468, 471, and 420 read with Section 34 of the IPC vide ANNEXURE D & E. B. QUASH the FIR and complaint in C.C. No.1273/2021 pending on the file of the Hon'ble Principal Senior Civil Judge and JMFC, Puttur, arising out of Crime No.148/2014 of Puttur Town Police Station vide ANNEXURE A AND B. C. QUASH the charge sheet filed by the Respondent No.1 Police in C.C. No. 1273/2021 vide ANNEXURE C. D. Pass such other and further orders as this Hon'ble Court may deem fit and proper under the facts

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and circumstances of the case, in the interest of justice and equity."

2. Heard Sri. Diganth Jain, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Thanoj Kumar learned counsel appearing for respondent No.2 and have perused the material on record.

3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memo of Settlement and Joint Affidavit in that regard. The said Joint Memo of Settlement reads as follows: “The Petitioner, represented for the purposes of this settlement by her son-in-law and authorised representative, Sri Pradeep Kiran D'Souza, and Respondent No. 2, through their respective counsel, most respectfully submit this Joint Memo as follows:

1. The above Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the proceedings in C.C. No. 1273/2021, pending on the file of the Court of the Principal Senior Civil Judge and JMFC, Puttur, arising out of Crime No. 148/2014 of Puttur Town Police Station, for offences punishable under Sections 465, 468, 471 and 420 read with Section 34 of the Indian Penal Code, 1860, insofar as the Petitioner/Accused No. 1 is concerned.

2. The proceedings arose from a private financial

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transaction of June 2011 between the Petitioner and Respondent No. 2. The transaction initially resulted in proceedings under Section 138 of the Negotiable Instruments Act, 1881, in C.C. No. 10/2012. Thereafter, Respondent No. 2 instituted P.C. No. 27/2014, which led to registration of Crime No. 148/2014 and the filing of the charge sheet in the present case.

3. During the pendency of the proceedings, the Petitioner and Respondent No. 2, with the intervention of friends and well-wishers, amicably resolved the entire dispute. Pursuant to the settlement, a sum of Rs. 3,75,000/- (Rupees Three Lakhs Seventy-Five Thousand only) was paid towards full and final settlement, and Respondent No. 2 has accepted and acknowledged receipt of the said amount in full satisfaction of his claim.

4. Respondent No. 2 confirms that the settlement has been fully acted upon and that he has no surviving monetary claim, grievance or objection against the Petitioner arising from or connected with the transaction, private complaint, FIR, charge sheet or C.C. No.1273/2021.

5. The parties state that the settlement is genuine, lawful, voluntary, unconditional and final, and has been arrived at without force, fraud, coercion, threat, pressure or undue influence. The parties have understood the nature and consequences of the settlement and undertake to remain bound by it.

6. The Petitioner is a senior citizen aged about 66 years and is suffering from ill health. Owing to her age, infirmity and inability to travel and personally attend to the proceedings, she is represented in connection with this settlement by her son-in-law and authorised representative, Sri Pradeep Kiran D'Souza, who is fully conversant with the case records and the settlement. Respondent No.2 has no objection to such representation.

7. Respondent No.2 expressly consents to and has no objection to the quashing of the complaint, FIR, charge sheet and the entire proceedings in C.C. No. 1273/2021 insofar as the Petitioner/Accused No. 1 is concerned. In

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view of the complete settlement, the parties jointly request that this Hon'ble Court be pleased to take this Joint Memo on record, quash the proceedings against the Petitioner and dispose of the Criminal Petition in terms of the settlement, in the interest of justice and equity.”

4. The parties to the lis are present before the Court and are identified by their respective counsels.

5. In the light of Joint Memo of Settlement and the Joint Affidavit being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition.

6. For the aforesaid reasons, the following:

ORDER

[I] Criminal Petition is disposed. [II] Proceedings in C.C.No.1273/2021, pending before the Prl. Senior Civil Judge and JMFC, Puttur, stands quashed qua the petitioner. [III] FIR and complaint in C.C.No.1273/2021 arising out of Crime No.148/2014, pending before the Prl.

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Senior Civil Judge and JMFC, Puttur, stands quashed qua the petitioner. [IV] Charge sheet filed by the Respondent No.1-Police in C.C.No.1273/2021, stands quashed qua the petitioner.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 2 Sl No.: 130