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Karnataka High Court

Unitech Valdel Valmark Pvt Ltd vs State Of Karnataka on 4 June, 2019

Author: Alok Aradhe

Bench: Alok Aradhe

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 04th DAY OF JUNE 2019

                        BEFORE
        THE HON'BLE MR. JUSTICE ALOK ARADHE

     WRIT PETITION NOs.22674-22676 OF 2018 (GM-RES)

BETWEEN:

1.      UNITECH VALDEL VALMARK PVT LTD.,
        A PRIVATE COMPANY REGISTERED UNDER ROC,
        O/A.NO.133/1, THE RESIDENCY
        II FLOOR, RESIDENCY ROAD
        BENGALURU-560054
        REPRESENTED BY DIRECTOR
        MR. MATHIKERE JAYARAM SHANTHARAM
        S/O Dr. M.R.JAYARAM

2.      MATHIKERE JAYARAM SHANTARAM
        S/O Dr. M.R. JAYARAM,
        AGED ABOUT 40 YEARS,
        DIRECTOR
        UNITECH VALDEL VALMARK PVT LTD.,
        R/O GOKULA HOUSE,
        GOKULA EXTENSION, NEW BEL ROAD
        MATHIKERE, BENGALURU-560 054.

3.      RATAN LATH
        S/O BABULAL LATH,
        AGED ABOUT 57 YEARS,
        DIRECTOR, UNITECH VALDEL VALMARK PVT LTD.,
        R/O NO.22, GOLDEN ENCLAVE
        OLD AIRPORT ROAD
        BENGALURU-560017.
                                       ... PETITIONERS
(BY SRI K.SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR
SMT. FARAH FATIMA, ADVOCATE)
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AND:

1.      STATE OF KARNATAKA
        REP. BY BHARATIYA NAGAR POLICE STATION
        BENGALURU-560043,
        REPRESENTED BY SHO/PUBLIC PROSECUTOR
        HIGH COURT OF KARNATAKA
        BENGALURU-560001.

2.      MRS. GONUGUNTLA PRAVEENA
        W/O MR. GUDI VENKATARAMANA
        AGED ABOUT 40 YEARS,
        R/O NO.576, XV MAIN, VBHCS COLONY
        AC POST, VEERANAPALYA, NAGAWARA
        BENGALURU-560045.
                                       ... RESPONDENTS

(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R-NO.1)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE PCR NO.13346/2016 DATED 28.11.2016 FILED
BY THE R-2 BEFORE THE 4TH ADDITIONAL CHIEF
METROPOLITAN     MAGISTRATE    AT   BENGALURU      IN
C.C.NO.21628/2017 (ANNEXURE-A) ETC.

     THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

Sri.Shashi Kiran Shetty, learned Senior counsel along with Smt.Farah Fatima, learned counsel for petitioners.

3

Sri. Vijaya Kumar Majage, learned Additional Special Public Prosecutor for respondent No.1.

2. Learned Senior counsel for the petitioners has filed a memo along with the copy of tripartite agreement dated 07.02.2019, which has been entered into between the petitioners and respondent No.2. It is further stated that since the matter has been amicably resolved between the parties, the complaint which has been filed against the petitioners be quashed.

3. I have considered the submissions made by learned counsel for the petitioners.

4. Under the tripartite agreement, the petitioners have paid a sum of Rs.26,10,000/- to respondent No.2 by way of RTGS on 24.12.2018 and 24.01.2019. The matter appears to have been settled amicably between the parties which is evident from the perusal of the contents of tripartite agreement dated 07.02.2019. 4

Accordingly, the writ petitions are allowed. The proceedings initiated against the petitioners in C.C.No.21628/2017 for the offences punishable under Sections 120-B, 406, 417, 420, 426, 427 and 506(2) read with Section 34 of Indian Penal Code pending on the file of IV Additional Chief Metropolitan Magistrate, Bangalore, are hereby quashed.

Sd/-

JUDGE VMB