Karnataka High Court
Mr Aniruddha Mehta vs The State Of Karnataka on 26 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 4732 of 2018
C/W
CRL.P No. 6582 of 2021,
8195 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 4732 OF 2018
C/W
CRIMINAL PETITION NO. 6582 OF 2021
C/W
CRIMINAL PETITION NO. 8195 OF 2020
IN CRL.P NO.4732/2018
BETWEEN:
MR. ANIRUDDHA MEHTA
S/O.B.C.MEHTA,
AGED ABOUT 56 YEARS,
SOLE PROPRIETOR OF UMIYA BUILDERS AND
DEVELOPERS AND ALSO UMIYA SERVICES,
NO.1075G, 10TH MAIN, 5TH CROSS,
HAL 2ND STAGE, INDIRA NAGAR,
Digitally signed by
BHAVANI BAI G BENGALURU - 560 008.
Location: High
Court of Karnataka PRESENTLY HAVING OFFICE AT NO.29/3,
'H M STAFFORD', 2ND FLOOR,
7TH CROSS ROAD, VASANTHNAGAR,
BENGALURU - 560 052.
...PETITIONER
(BY SRI. MOHANA C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
KADUGODI POLICE STATION,
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BENGALURU - 560 006.
THROUGH HCGP
2. MRS. ZEEBA KUNNAL @ ZEEBA KUNNEL
W/O.MR.TONY KUNNAL @ TONY KUNNEL,
AGED ABOUT 40 YEARS,
THE SECRETARY, USOA, 7B, 7C,
SADARMANGALA INDUSTRIAL AREA,
KADUGODI, BENGALURU - 560 076.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. SATYANARAYANA S. CHALKE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET
DATED 29.01.2018, IN CRIMINAL CASE NO.3077/2018 (CRIME
NO.340/2016) AS PER ANNEXURE-A, PENDING AGAINST THE
PETITIONER HEREIN ON THE FILE OF THE HON'BLE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE
RURAL DISTRICT, BANGALORE FOR THE ALLEGED OFFENCES
P/U/S 447, 427, 506, 112 R/W 149 OF IPC.
IN CRL.P NO.6582/2021
BETWEEN:
1. MR. ANIRUDDHA MEHTA
S/O MR. B.C.MEHTA,
AGED ABOUT 59 YEARS,
2. MRS. GOWRI MEHTA
W/O MR. ANIRUDDHA MEHTA,
AGED MAJOR,
PRESENTLY NOS.1 AND 2
HAVING ADDRESS AT
NO.29/3, 'H M STAFFORD',
2ND FLOOR, 7TH CROSS ROAD,
VASANTHNAGAR, BENGALURU - 560 052.
...PETITIONERS
(BY SRI. H.N.NARENDRA, ADVOCATE)
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CRL.P No. 6582 of 2021,
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AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
KADUGODI POLICE STATION,
BENGALURU - 560 067.
2. UMIYA SUNTECH OWNERS' ASSOCIATION
AN ASSOCIATION REGISTERED UNDER THE
KARNATAKA OWNERSHIP FLATS ACT, 1972
HAVING OFFICE AT 7B AND 7C,
SADRAMANGALA INDUSTRIAL AREA,
KADUGODI, WHITEFIELD,
BENGALURU - 560 067.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. VIJAYKUMAR M R
S/O RADHAKRISHNAN
AGED ABOUT 62 YEARS
R/AT FLAT NO.308, PRESTIGE ELGIN NO.11,
HOSUR ROAD, BENGALURU - 560 025.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. SATYANARAYANA S. CHALKE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE IMPUGNED FIR DATED
JULY,21,2021 REGISTERED BY THE RESPONDENT NO.1 HEREIN
AGAINST THE PETITIONERS AND SEVERAL OTHERS
(ANNEXURE-C) FOR THE OFFENCE P/U/S 403, 406, 417, 418,
419, 420, 423, 471, 120B AND 34 OF IPC AND WHICH IS
PENDING ON THE FILE OF THE A.C.M.M, BENGALURU RURAL
BENGALURU IN CR.NO.129/2021 AND ALL ACTION TAKEN THE
UNDER AND FURTHER THERETO AND AWARD COSTS OF THE
PROCEEDINGS.
IN CRL.P NO.8195/2020
BETWEEN:
1. MRS. ZEEBA KUNEEL
AGED ABOUT 42 YEARS,
W/O MR. TONY KUNNEL,
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2. MR. TONY KUNNEL
AGED ABOUT 51 YEARS,
S/O MR. K. J. GEORGE,
BOTH THE PETITIONERS ARE R/AT:
NO.56, 'PRESTIGE OASIS',
ADDE VISHVANATHAPURA,
RAJANAKUNTE, HESSARAGHATTA,
BENGLURU 561203.
3. MR. VIVEK VARMA
AGED ABOUT 49 YEARS,
S/O MR. ANAND VERMA,
R/AT NO.833, 14TH MAIN,
3RD BLOCK, KORAMANGALA,
BENGALURU - 560 034.
4. MRS. SEEMA SOSA KOSHY
AGED ABOUT 47 YEARS,
W/O MR. K.N.KOSHY,
G-1, 'SALARAPURIA KENSINGTON RESIDENCY',
HALASOORU LAKE,
BENGALURU - 560 042.
5. MR. SANJAY SARADA
AGED ABOUT 60 YEARS,
S/O MADAN MOHAN,
R/AT NO 732, 7TH CROSS,
3RD BLOCK, KORAMANGALA,
BENGLURU - 560 076.
ALL THE ACCUSED ARE ALSO AVAILABLE AT:
NO. 7B AND 7C, 'UMIYA SUNTECH BUILDING',
SADARMANGALA KIADB INDUSTRIAL AREA,
KADUGODI,
BENGALURU - 560 076.
...PETITIONERS
(BY SRI. SATYANARAYANA S. CHALKE, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE STATION HOUSE OFFICER,
KADUGODI POLICE STATION,
WHITEFIELD SUB DIVISION,
BENGALURU CITY - 560 066.
(COMPLAINANT POLICE)
2. LOKESH REDDY
AGED ABOUT 39 YEARS,
S/O KRISHNA REDDY, SPA HOLDER OF
MR. ANIRUDDHA MEHTA,
SOLE PROPRIETOR
M/S. UMIYA SERVICES, NO.29/3,
'H M STRAFFORD', 2ND FLOOR,
7TH CROSS ROAD, VASANTHANAGAR,
BENGALURU - 560 052.
(1ST INFORMANT/ORIGINAL COMPLAINANT)
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. MOHANA C., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO i) SET ASIDE THE ORDER IN
CR.NO.340/2017 DATED 04.09.2020 DIRECTING THE
REGISTRATION OF A CRIMINAL CASE IN C.C.NO.9282/2020,
PASSED BY THE LEARNED A.C.J.M., BENGALURU RURAL
DISTRICT, BENGALURU AND ISSUING PROCESS TO SECURE
THE APPEARANCE OF THE PETITIONERS FOR THE OFFENCES
P/U/S 341, 323, 447 AND 506 R/W 34 OF IPC IN SO FAR AS
THE PETITIONERS ARE CONCERNED.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Crl.P.No.4732/2018 filed by the petitioner-accused No.1 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.3077/2018 arising out of Crime No.340/2016 registered by the Kadugodi Police Station and charge sheeted for the offences punishable under Sections 447, 427, 506, 112 read with Section 149 of IPC.
2. Crl.P.No.6582/2021 filed by the petitioners-accused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the criminal proceedings arising out of Crime No.129/2021 registered by the Kadugodi police station for the offences punishable under Sections 403, 406, 417, 418, 419, 420, 423, 471, 120B read with Section 34 of IPC.
3. Crl.P.No.8195/2020 filed by the petitioners-accused Nos.1 to 5 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.9282/2020 arising out of Crime No.340/2017 registered by Kadugodi Police station for the offences punishable under Sections 341, 323, 447, 506 read with Section 34 of IPC.
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4. During pendency of the petitions, both petitioners and respondents appeared before the Court and filed joint compromise application on I.A.Nos.1/2024 under Section 320 read with Section 482 of Cr.P.C. in all the three cases.
5. Aniruddha Mehta is the petitioner in both the cases along with his wife i.e., Crl.P.No.4732/2018 and Crl.P.No.6582/2021 and he is the respondent-complainant in Crl.P.No.8195/2020.
6. The parties however settled their issues before the Civil Court and there was various civil disputes pending between the parties, apart from these three criminal cases. There were 31 matters pending between the parties and all the matters have been settled between the parties and they have filed compromise application. On behalf of the SPA holder appears in Crl.P.No.8195/2020 and the complainant is present in Crl.P.No.6582/2021.
7. Sri Vijay Kumar M.R, the President of the Association is present in Crl.P.No.6582/2021 and the complainant-Respondent No.2-Zeeba Kunnel appeared in Crl.P.No.4732/2018. The parties have submitted that they have -8- NC: 2024:KHC:12683 CRL.P No. 4732 of 2018 C/W CRL.P No. 6582 of 2021, 8195 of 2020 settled both civil and criminal dispute amicably before the Civil Court.
8. Though some of the offences are compoundable offences and some of the offences are compoundable with the permission of the Court, considering the facts and circumstances of the case, since all the petitioners and respondents are said to be the Association Members and Association representatives, they have settled all their issues amicably. Therefore, I.As filed by the petitioners and respondents in all the three cases are allowed and the parties are permitted to compound the offences.
9. Consequently, all the three petitions are allowed. The criminal proceedings against the petitioners in C.C.No.3077/2018 (arising out of Crime No.340/2016) and in Crime No.129/2021 and in C.C.No.9282/2020 (arising out of Crime No.340/2017 are hereby quashed.
Sd/-
JUDGE GBB List No.: 1 Sl No.: 42 CT:SK