Karnataka High Court
Mr Philip William George vs State Of Karnataka on 18 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:2494
CRL.P No. 329 of 2024
C/W
CRL.P No.6460 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 329 OF 2024
CONNECTED WITH
CRIMINAL PETITION NO. 6460 OF 2023
IN CRIMINAL PETITION NO.329 OF 2024
BETWEEN:
MR. PHILIP WILLIAM GEORGE
AGED ABOUT 50 YEARS,
SHOBAS IMPORT GALLERY,
SHOBA BAZAAR, NO.96/3,
CMR CROSS ROAD,
NEXT BSNL (CUSTOMER SERVICES CENTRE,
HRBR LAYOUT, KALYAN NAGAR,
BENGALURU - 560 043.
Digitally signed by ...PETITIONER
BHAVANI BAI G (BY SRI. USMAN P., ADVOCATE)
Location: High
Court of Karnataka AND:
1. STATE OF KARNATAKA
BY BHARATHINAGAR POLICE STATION,
ST. JOHN'S CHURCH ROAD, BENGALURU,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. THE ARCHDIOCESE OF BANGALORE
REPRESENTED BY
THE ARCHBISHOP OF BANGALORE,
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CRL.P No. 329 of 2024
C/W
CRL.P No.6460 of 2023
ARCHIBISHOPS HOUSE,
NO.75, MILLER'S ROAD,
BENGALURU - 560 046.
REPRESENTED BY HIS
SPECIAL POWER OF ATTORNEY HOLDER,
FR. CHRISTOPHER VIMALRAJ HIRUTHYA,
DIRECTOR, ST. GERMAIN ACADEMY,
BENGALURU.
...RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH., HCGP FOR R1;
SRI. A.C.BALARAJ, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED
07.11.2022 AND THE CONSEQUENT FIR REGISTERED IN
CR.NO.113/2022 BY THE RESPONDENT POLICE AGAINST THE
PETITIONER ARRAIGNED AS ACCUSED NO.1 THEREIN FOR THE
OFFENCE P/U/S 406, 468, 420 OF IPC.
IN CRIMINAL PETITION NO.6460 OF 2023
BETWEEN:
ASHRAF A.K
S/O AHMED HAJI A.K
AGED ABOUT 48 YEARS,
R/AT NO.410,
7TH C MAIN, I BLOCK,
HRBR LAYOUT, VTC KALYAN NAGAR,
BENGALURU - 560 043.
...PETITIONER
(BY SRI. USMAN P., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BHARATHINAGAR POLICE STATION,
ST. JOHN'S CHURCH ROAD,
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NC: 2024:KHC:2494
CRL.P No. 329 of 2024
C/W
CRL.P No.6460 of 2023
BENGALURU,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. THE ARCHDIOCESE OF BANGALORE
REPRESENTED BY
THE ARCHBISHOP OF BANGALORE,
ARCHIBISHOP'S HOUSE,
NO.75, MILLER'S ROAD,
BENGALURU - 560 046.
REPRESENTED BY HIS
SPECIAL POWER OF ATTORNEY HOLDER,
FR. CHRISTOPHER VIMALRAJ HIRUTHYA,
DIRECTOR, ST. GERMAIN ACADEMY,
PROMENADE ROAD, CLEVELAND TOWN,
BENGALURU - 560 005.
...RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH., HCGP FOR R1;
SRI. A.C.BALARAJ, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED
07.11.2022 AND THE CONSEQUENT FIR IN CR.NO.113/2022 BY
THE RESPONDENT POLICE BHARATHI NAGAR POLICE STATION,
BENGALURU AGAINST THE PETITIONER ARRAIGNED AS
ACCUSED NO.1 THEREIN FOR THE OFFENCE P/U/S 406, 468,
420 OF IPC, PENDING ON THE FILE OF IV ADDL.C.M.M.,
BENGALURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 329 of 2024
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CRL.P No.6460 of 2023
ORDER
Crl.P.No.329/2024 is filed by the petitioner-accused No.1 and Crl.P.No.6460/2023 is filed by the petitioner-accused No.2 under Section 482 of Cr.P.C. for quashing the FIR in Crime No.113/2022 registered by Bharathi Nagar Police Station, Bengaluru for the offence punishable under Sections 406, 468, 420 of IPC.
2. Sri A.C.Balaraj, learned counsel appeared on behalf of respondent No.2.
3. During pendency of the petitions, petitioner Nos.1 and 2 and respondent No.2 appeared before the Court along with their counsels and filed joint compromise applications on I.A.No.3/2024 in Crl.P.No.329/2024 and I.A.No.1/2024 in Crl.P.No.6460/2023 under Section 320(1) of Cr.P.C. seeking permission of this Court to compound the offence and to quash the FIR on the ground of settlement.
4. Respondent No.2 submits that the matter has been settled between the parties.
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5. In view of the settlement between the parties, I.A.Nos.3/2024 and 1/2024 are allowed. Parties are permitted to compound the offence.
6. Consequently, both the petitions are allowed. The FIR against the petitioners in Crime No.113/2022 registered by the Bharathinagar Police Station is hereby quashed.
Sd/-
JUDGE GBB List No.: 1 Sl No.: 63 CT:SK