Karnataka High Court
Mr. Manish Parwani vs The State Of Karnataka on 26 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:41295
WP No. 6318 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 6318 OF 2024 (GM-RES)
BETWEEN:
1. MR. MANISH PARWANI,
SON OF LATE SRI. NARAYAN PARWANI,
AGED ABOUT 53 YEARS,
RESIDING AT NO.4,
NATIONAL MEDIA CENTRE,
NATHUPURA, GURGAON,
HARYANA - 122 002.
2. MR. SIDHANT DUA,
S/O MR. S.N. DUA,
AGED ABOUT 46 YEARS,
RESIDING AT HOUSE NO.192,
SECTOR-21B, FARIDABAD,
HARYANA - 121 001.
Digitally signed
by NAGAVENI
Location: HIGH 3. MR. NITIN CHATURVEDI,
COURT OF
KARNATAKA SON OF LATE SRI. A.K. CHATURVEDI,
AGED ABOUT 38 YEARS,
RESIDING AT 1595,
SAINIK COLONY,
SECTOR-49, FARIDABAD,
HARYANA - 121 001.
...PETITIONERS
(BY SRI. ARJUN RAO, ADVOCATE)
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NC: 2024:KHC:41295
WP No. 6318 of 2024
AND:
1. THE STATE OF KARNATAKA
THROUGH THE STATION HOUSE OFFICER,
CHIKKAJALA POLICE STATION,
BENGALURU, KARNATAKA.
2. MR. DEEPAK KRISHNAPPA,
AGED ABOUT 56 YEARS,
RESIDING AT PEBBLEBAY APARTMENTS,
TOWER 3, APARTMENT 82, 1ST MAIN,
R.M.V., 2ND STAGE, 2ND BLOCK,
DOLLARS COLONY, BENGALURU - 560 094.
...RESPONDENTS
(BY SMT. SOWMYA R, HCGP FOR R1;
SRI. RAJATH, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING
TO A) PASS AN ORDER QUASH THE FIR IN CRIME NO.
194/2023 DATED 17/11/2023 REGISTERED BY CHIKKAJALA PS
UNDER SECTIONS 307, 385, 506, 34 AND 120B OF IPC
(ANNEXURE A) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question registration of FIR in Crime No.194/2023 registered by Chikkajala Police Station, for the offences -3- NC: 2024:KHC:41295 WP No. 6318 of 2024 punishable under Sections 307, 385, 506, 34 and 120B of Indian Penal Code, 1860.
2. Heard the learned counsel Sri. Arjun Rao appearing for the petitioners, Smt. Sowmya R., learned HCGP appearing for respondent No.1 and learned counsel Sri. Rajath appearing for respondent No.2.
3. Learned counsel for the petitioners and learned counsel for respondent No.2 submit that during the pendency of petition the parties to the lis have settled the dispute amongst themselves and have filed affidavit of the complainant.
4. The affidavit reads as follows:
"1. That I am the Complainant in FiR in Crime No. 0194/2023 dated 17.11.2023 (FIR) registered by Chikkajala PS under Section 307, 385, 506, 34 and 120B of Indian Penal Code 1860 pursuant to a complaint dated 17.11.2023 filed by me.
2. In the aforesaid FIR, Mr. Manish Parwani, Mr. Sidhant Dua and Mr. Nitin Chaturvedi have been named as Accused Nos. 2, 3 and 10.
3. I state that I want to withdraw my complaint dated 17.11.2023 against the aforesaid persons i.e., Mr. Manish Parwani (Accused No. 2), Mr. Sidhant Dua (Accused No. 3) and Mr. Nitin -4- NC: 2024:KHC:41295 WP No. 6318 of 2024 Chaturvedi (Accused No. 10) as they had no role in the commission of the offences alleged in the aforesaid complaint dated 17.11.2023 and the consequent FIR.
4. I state that I have no objection if any or all criminal proceedings arising out of the aforesaid complaint dated 17.11.2023 and/or the FIR that have been initiated against Mr. Manish Parwani (Accused No. 2), Mr. Sidhant Dua (Accused No. 3) and Mr. Nitin Chaturvedi (Accused No. 10) are closed and terminated.
5. I state that I will extend all co-operation in this regard (including but not limited to filing appropriate applications, petitions before any court of law such as the concerned Magistrate or before the Hon'ble Karnataka High Court) such that all criminal proceedings arising out of the aforesaid FIR are closed against Mr. Manish Parwani (Accused No. 2), Mr. Sidhant Dua (Accused No. 3) and Mr. Nitin Chaturvedi (Accused No. 10).
6. I state that the present Affidavit is being executed by me without fear, coercion, or undue influence of any kind whatsoever.
7. I hereby state and solemnly affirm that the present affidavit is true and that no part of it is false."
5. In the light of the afore-quoted affidavit, I deem it appropriate to accept the affidavit and terminate the impugned proceedings, as the dispute is between the private parties and the allegations are not against the State.
For the aforesaid reasons the following: -5-
NC: 2024:KHC:41295 WP No. 6318 of 2024 ORDER
a) The criminal petition is disposed.
b) The impugned FIR in Crime No.194/2023 registered by Chikkajala Police Station, for the offences punishable under Sections 307, 385, 506, 34 and 120B of Indian Penal Code, 1860 stands quashed.
Sd/-
(M.NAGAPRASANNA) JUDGE BVK List No.: 2 Sl No.: 0 CT: BHK