Karnataka High Court
Ammeraal Beltech (India) Pvt.Ltd vs State Of Karnataka on 29 July, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 2689 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2689 OF 2021
BETWEEN:
1. AMMERAAL BELTECH (INDIA) PVT.LTD
NEW No.68, (OLD N.85),
AYANAMBAKKAM VILLAGE,
VANAGARAM ROAD,
AMBATTUR TALUK,
CHENNAI-600095
REP BY ITS DIRECTORS MENTIONED BELOW
2. MR.KANTHA AMARATUNGE
MANAGING DIRECTOR,
AMMERAAL BELTEC (INDIA) PVT LTD
NEW NO.68 (OLD NO.85)
AYANAMBAKKAM VILLAGE,
VANAGARAM ROAD,
AMBATTUR TALUK,
CHENNAI-600095.
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI. SRIVASTHAVA H K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
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CRL.P No. 2689 of 2021
TOWN POLICE STATION,
SOLEDEVANANAHALLI,
BANGALORE RURAL
REP BY THE PUBLIC PROSECUTOR.
2. MR.MOHAN PRASAD RAJASHEKARAIAH
S/O B.RAJASHEKARAIAH
AGED ABOUT 43 YEARS,
R/AT FLAT NO.715,
7TH FLOOR, MAHAVEER CEDAR APARTMENTS,
ACB LAYOUT, 3RD PHASE,
CHIKKABANAVARA POST,
BANGALORE-560 090.
...RESPONDENTS
(BY SMT. K.P. YASHODA, HCGP FOR R1;
SRI. SHANTHESH AVAJI, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO QUASH THE
CHARGE SHEET IN C.C.NO.10097/2018 PENDING ON THE
FILE OF C.J.M., BENGALURU RURAL DISTRICT,
BENGALURU AND ALL FURTHER PROCEEDINGS PURSUANT
THERE TO.
THIS CRL.P. COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 2689 of 2021
ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.10097/2018 pending before the Chief Judicial Magistrate Court, Bangalore Rural, Bangalore registered for offence punishable under Section 420 of the IPC.
2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement. The settlement also recognizes the closure of these proceedings along with the affidavit, which reads as follows:
"2. I state that I had filed a complaint against the petitioner herein before the Hon'ble court of ACJM, Bangalore and the same was registered as PCR No.264/2016 and the Hon'ble court having taken cognizance was pleased to refer the matter to the jurisdictional Soladevevanahalli police station for investigation on 13/05/2016.
3. That in pursuance to the above, the said soladevanahalli police have registered FIR in crime No.170/2016 for the offences punishable under -4- CRL.P No. 2689 of 2021 section 420 of the Indian Penal Code, 1860 and thereafter, submitted chargesheet to the trial court and thereby CC.No.10097/2018 was registered and the matter is pending before the Hon'ble Addl.CJM Court, Bengaluru.
4. I state in the meantime, the petitioner has approached this Hon'ble court by filing the present petition seeking to quash the trial court proceedings. However, subsequently, during the pendency of the above case the Petitioner and I amicably settled our disputes upon petition having agreed to pay compensation and pursuant to such settlement, I have no claims / dues as against the Petitioner herein.
5. I state that under the terms of our settlement, I had agreed to extend my co- operation for quashing the proceedings in CC No.10097/2018 registered by the First Respondent Police which is pending before the Hon'ble Addl.CJM Court, Bengaluru, and had further agreed that I shall not contest the above criminal case so as to enable the Petitioner to have the benefit of judgement of acquittal in the case.
6. I state that I have enclosed a copy of my Aadhaar Card along with this affidavit and my affidavit may be treated as my unconditional consent to quash the proceedings initiated against -5- CRL.P No. 2689 of 2021 the Petitioner's in CC No.10097/2018 pending on the file of ACJM, Bangalore."
9. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other present past or future.
10. The respondent undertakes to co- operate in closing/withdrawing/quashing Cr No.37/2021 - CEN police, pending on the file of CJM Court, Bengaluru, the parties herein also agreed to cooperate in quashing proceedings in Crl P No.6840/2021 pending before the Hon'ble High Court of Karnataka, Bengaluru.
11. The petitioner has agreed to withdraw all the allegations leveled against the respondent either orally or expressly and not to use defamatory statements made in the petition and the all the aspersions made in the matrimonial case."
3. Petitioner No.1 is the Company - Ammeraal Beltech (India) Pvt. Ltd. and petitioner No.2 is the Director of the said company, who the learned counsel submits that he is no longer with the Ammeraal Beltech (India) Pvt. Ltd. but the settlement is arrived at and accepted by the -6- CRL.P No. 2689 of 2021 authorized signatory of the Ammeraal Beltech (India) Pvt. Ltd.
4. In the light of the settlement arrived at between the parties as afore-quoted and offences not being against the State, I deem it appropriate to terminate the proceedings against the petitioners in the subject petition.
5. For the aforesaid reasons, the following:
ORDER i. Criminal Petition stands disposed.
ii. Proceedings pending in
C.C.No.10097/2018 before the Chief
Judicial Magistrate Court, Bangalore Rural, Bangalore qua the petitioners stands quashed.
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JUDGE SJK