Karnataka High Court
M/S Esspee Infrastructure vs State By Kote Police Station on 12 August, 2014
Author: Jawad Rahim
Bench: Jawad Rahim
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE Dr. JUSTICE JAWAD RAHIM
CRL.P NO. 4682 OF 2014
BETWEEN
M/S ESSPEE INFRASTRUCTURE
BRANCH OFFICE AT # 69, S.M.JAIN COMPLEX
GANDHI BAZAR
SHIMOGA, BY ITS PARTNER
PRADEEP M JAIN, S/O LATE S.M.JAIN
AGED ABOUT 39 YEARS ... PETITIONER
(BY SRI. SAMEER S.N., ADV.,)
AND
1.STATE BY KOTE POLICE STATION
SHIMOGA DISTRICT
SHIMOGA-577201.
2.RAJESH ANAND
PROJECT DIRECTOR, BSNL PROJECT
3.MITHLESH SINGH
PROJECT MANAGER, BSNL PROJECT
4.MR. CHENWANMEN (WILLIAMS)
COMMERCIAL ENGINEER GROUP
5.MR YANGKAITENT (ROCK)
2
COMMERCIAL ENGINEER GROUP
6.RAJESH SINGH
COMMERCIAL ENGINEER GROUP
7.ATUAL DATTA
FINANCE,
8.HARVINDER KUMAR SAINI
O & M DIRECTOR, BSNL PROJECT
R2- R8 ARE IN SAME ADDRESS
HUAWEI TELE COMMUNICATIONS
INDIA CO-OPERATIVE PRIVATE LTD
REGD. OFFICE AT 7TH FLOOR
TOWER A SPAZE-TECH PARK
SOHNA ROAD, SECTOR-49, GURGOAN
HARYANA INDIA PIN CODE 122001
9.A.M RAMESH
PROJECT MANAGER, BSNL PROJECT
10.A JACOB KINGSTON
PROJECT MANAGER, BSNL PROJECT
11.VIJAY MOHAN
O & M MANAGER, BSNL PROJECT
12.RAMESH S
PROJECT LEAD, BSNL PROJECT
13.H.K UDAYA
O & M MANAGER, BSNL PROJECT
14.RAMA MOHAN
PROJECT MANAGER, BSNL PROJECT
R9-R14, ARE IN SAME ADDRESS
HUAWEI TELE COMMUNICATIONS
CO. INDIA PRIVATE LTD
3
CRESCENT-4, 2ND FLOOR
IPTL PRESTIGE SHANTHI NIKETHAN
MAHADEVAPURA POST, WHITEFIELD
BANGALORE 560048 ... RESPONDENTS
(BY SRI. H.S. SOMNATH, ADV., FOR R2-R14,
SRI. B.T. VENKATESH SPP - II FOR R1)
THIS CRL.P FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE PCR
NO.15/2014 AND THEN THE FIR IN CR. NO.28/2014
REGISTERED BY THE KOTE P.S., SIHIMOGA PENDING
BEFORE THE PRL. C.J. (SR. DN.) AND C.J.M., SHIMOGA
DIST., SHIMOGA.
THIS CRL.P IS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is by the complainant seeking quashing of the proceedings in PCR No.15/2014 filed by him only against the respondent for the offence under section 339,341,350,417,420,427 r/w Sec.34 of IPC.
2. The petition has been filed in certain peculiar facts and circumstances. The petitioner who is the complainant himself seeks quashing of the proceedings. The respondent 4 on notice is duly represented by the learned Advocate. Both counsel present and submit that the parties have amicably settled the dispute and the complainant has agreed to compound the offence with the accused. In the circumstances, the petitioner and respondents have filed application under section 320 Cr.P.C. to grant them permission to compound the offence.
3. In the joint memo the mode of payment of money due to the complainant is recorded. The complainant is present and submits that he is compounding the offence with the accused as the accused has assured he would make payment and there will be no further litigation. Learned counsel for the respondent/accused submits that as the accused has made payment through Bank draft the complainant's interest is safeguarded. In view of the submission, the parties are permitted to compound the offence as permissible under section 320 of Cr.P.C., which shall amount to acquittal as envisaged under sub Section 8 of Sec. 320 Cr.P.C. 5
4. The respondents have tendered eight demand draft's as per the memo filed in the court today. The petitioner acknowledges the receipt of the same in fulfillment of the undertaking given by the respondents.
Hence the petition is disposed off in terms of this order.
Sd/-
JUDGE PSG