Karnataka High Court
K. Chandrashekar vs State Of Karnataka on 27 September, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
CRL.P No. 9578 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9578 OF 2022
BETWEEN:
K. CHANDRASHEKAR
AGED ABOUT 25 YEARS
S/O GANGARAM
ADDRESS AT 1-81
BOMMADEVPALLY
BOMMANDEPALIA
NIZAMABAD
TELANGANA-503301
...PETITIONER
(BY SRI AIYAPPA K G, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION
16TH MAIN, 2ND STAGE, BTM LAYOUT
(NEAR MAHADESHWARA BUS STAND)
Digitally signed by BANGALORE-560076
PADMAVATHI B K
Location: HIGH REPRESENTED HEREIN
COURT OF BY ITS INSPECTOR OF POLICE
KARNATAKA AND INVESTIGATING OFFICER
2. M/S ATRIA LOGIC PVT LTD
HAVING ITS REGISTERED OFFICE
AT NO.482 AND 483, 2ND CROSS
24TH AND 25TH MAIN,
BTM 2ND STAGE
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CRL.P No. 9578 of 2022
BENGALURU-560076
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE
BONDILI RAJEEV SINGH
...RESPONDENTS
(BY SRI K.S.ABHIJITHI, HCGP FOR R1;
SRI S.SUSHANTH VENKATESH PAI, ADVOCATE FOR R2)
THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED
ORDER DATED 11.04.2022 PASSD BY THE LEARNED VI ACMM,
BANGALORE IN PCR.NO.6772/2022 VIDE ANNEXURE-A AND
CONSEQUENTLY QUASH THE PROCEEDINGS IN CRIMINAL
CASE BEARING PCR.NO.6772/2022 (CR.NO.151/2022)
PENDING ON THE FILE OF THE LEARNED VI ACMM,
BANGALORE AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Sri.S.Sushanth Venkatesh Pai, learned counsel enters appearance for respondent No.2.
2. The petitioner is before this Court calling in question the proceedings pending in P.C.R.No.6772/2022 before the VI Additional Chief Metropolitan Magistrate, Bengaluru registered for the offence punishable under Sections 415, 417, 420, 464, 468 and 476 of the IPC.
-3-CRL.P No. 9578 of 2022
3. During the pendency of this petition, it transpires that the parties to the lis have entered into a compromise and settled the dispute amongst themselves. The terms of compromise as obtaining in the Memorandum of Compromise, reads as follows:
"1. The 2nd Respondent had lodged a Private Complaint dated 07.04.2022 under Section 200 of the Code of Criminal Procedure, 1973 alleging commission of various offences by the Petitioner before the Learned VI Additional Chief Metropolitan Magistrate, Bengaluru and the same had been numbered as P.C.R. no.6772/2022. Thereafter, the Learned Magistrate, had vide his order dated 11.04.2022 directed the 1st Respondent to conduct investigation under Section 156(3) of the Code of Criminal Procedure, 1973. Pursuant to the same, the 1st Respondent had registered an F.I.R. bearing Number 0151/2022m (Crime No.0151/2022) against the Petitioner on the file of the Learned VI ACMM, Bengaluru.
2. Pursuant to the registration of the F.I.R., the Petitioner has admitted to his mistake of fabricating a fake relieving letter and a fake experience certificate on the letterhead of the Respondent No.2 and had also forged the official seal -4- CRL.P No. 9578 of 2022 and the signature of the Director of the Respondent No.2 on the said fake relieving letter and fake experience certificate and tendered an unconditional apology.
3. The 2nd Respondent has accepted his apology and is willing to not pursue further with the criminal proceedings so as to not harm or jeopardise the future of the petitioner.
4. Hence, the 2nd Respondent is consenting to the quashing of the criminal proceeding against the Petitioner, as prayed for by the Petitioner."
4. Since the offences are punishable under Sections 415, 417, 420, 464, 468 and 476 of the IPC and the issue is between the employer and the employee and not being against the State, I deem it appropriate to accept the settlement that is arrived at between the parties and terminate the proceedings against the petitioner.
5. In the light of the settlement, the following:
ORDER i. Criminal Petition is allowed.-5- CRL.P No. 9578 of 2022
ii. Proceedings pending in P.C.R.No.6772/2022 before the VI Additional Chief Metropolitan Magistrate, Bengaluru stand quashed.
Sd/-
JUDGE VM List No.: 1 Sl No.: 48