Sri Mohammed Altaf vs State Of Karnataka on 6 April, 2022

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Karnataka High Court

Sri Mohammed Altaf vs State Of Karnataka on 6 April, 2022

Bench: M. Nagaprasanna

                               1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 06TH DAY OF APRIL, 2022

                      BEFORE

     THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

         CRIMINAL PETITION No.2943 OF 2022

BETWEEN
SRI. MOHAMMED ALTAF
S/O MOHAMMED AMEER
AGED ABOUT 55 YEARS,
RESIDING AT NO.65,
4TH CROSS, 39TH MAIN ROAD
BTM 2ND STAGE
BANGALORE - 560 029                      ... PETITIONER

[BY SRI. KALEEM SABIR, ADV.]

AND

1.    STATE OF KARNATAKA BY
      THILAKNAGAR POLICE
      BANGALORE - 560 041
      (REPRESENTED BY
      STATE PUBLIC PROSECUTOR)
      HIGH COURT OF KARNATAKA
2.    SRI. S. I. SRINATH
      S/O. LATE S. A. LAKSHMAN
      AGED ABOUT 43 YEARS,
      RESIDING AT NO.5/ 7TH MAIN
      BHAVANI NAGAR,
      BANNERGHATTA ROAD CROSS,
      BANGALORE-560097                 ... RESPONDENTS

[BY SRI. SHANKAR H.S., HCGP FOR R1;
    SRI. R.A. DEVANAND, ADV. FOR R2]
                              2



      THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS
INITIATED AGAINST HER IN C C NO.34897/2021 ON THE
FILE OF THE HONBLE XXXVII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BANGALORE CITY WHICH
IS ARISING OUT OF CRIME NO. 81/2021 OF THILAGNAGAR
POLICE STATION, BANGALORE FOR OFFENSES U/S 464,
471, 474, 419 AND 420 OF IPC AS AN ABUSE OF PROCESS
OF LAW.

    THIS CRIMINAL PETITION COMING ON                  FOR
ADMISSION THIS DAY, THE COURT MADE                    THE
FOLLOWING:

                        ORDER

The petition is filed calling in question the proceedings in C.C.No.34897/2021, registered for offences punishable under Sections 464, 471, 474, 419 and 420 of IPC.

2. The parties to the lis, during the pendency of the subject petition, have entered into a compromise and have filed such joint memo and a joint affidavit of compromise. The same read as follows:

" JOINT MEMO The petitioner and second respondent have mutually agreed to compromise the offences alleged in the charge sheet in 3 C.C.No.34897/2021, on the file of Hon'ble XXXVII Additional Chief Metropolitan Magistrate, Bangalore. The respondent without any condition of his own accord has come forward to compound the offences alleged against the petitioner. Consequently, the second respondent is consenting for quashing of the proceedings against the petitioner in C.C.No.34897/2021 on the file of the Hon'ble XXXVII Additional Chief Metropolitan Magistrate, for offences under Sections 419, 420, 464, 471, 474, 464 of IPC. Bangalore to secure the ends of Justice."

" JOINT AFFIDAVIT I, Sri.S.I.Srinath S/o. Late S.A. Lakshman, Aged about 43 years, Residing at No.5/7th Main, Bhavani Nagar, Bannerghatta, Road cross, Bangalore - 560 097, do hereby solemnly affirm and state on oath as follows:

I, Sri. Mohammed Altaf, S/o. Mohammed Ameer, Aged about 55 years, Residing at No.65, 4th cross 39th main road BTM 2nd 4 stage, Banaglore - 560 029, do hereby solemnly affirm and state on oath as follows:

1. We both have arrived for a settlement with regard to the complaint given by the Respondent No.2 before the Thilaknagar police station in crime No.81/2021 for which C.C.No.34897/2021 for offences under Sections 419, 420, 471, 474, 464, of IPC.

2. We state that, we are well aware conversant with the facts of the case hence we are swearing to this Joint Affidavit.

3. We state that the averments made in joint memo are true and correct to the best of our knowledge, information and belief"

3. In the light of the offences being punishable under Sections * 464, 471, 474, 419 and 420 of IPC and the parties having settled the matter out of Court, the proceedings * Corrected vide Chamber order dated 18/04/2022.

in C.C.No.34897/2021, against the petitioner, stands quashed.

The Criminal Petition stands disposed.

Sd/-

JUDGE KG

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