Karnataka High Court
Mothilal Katwa vs State Of Karnataka on 14 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:10723
CRL.P No. 646 of 2024
C/W CRL.P No. 1420 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 646 OF 2024
C/W
CRIMINAL PETITION NO. 1420 OF 2020
IN CRIMINAL PETITION NO. 646 OF 2024
BETWEEN:
MOTHILAL KATWA
S/O MURALIDHAR KATWA
AGED ABOUT 50 YEARS,
R/AT NO.8/1/75,
NEAR LIC OFFICE
KOPPAL-583231
...PETITIONER
(BY SRI M SHASHIDHARA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed BY BELLANDURU P S
by V KRISHNA
REPRESENTED BY SPP
Location: High HIGH COURT OF KARNATAKA
Court of
Karnataka BENGALURU-560001
2. PRABHAKAR REDDY
S/O V SHEKAR REDDY
AGED ABOUT 48 YEARS,
RA/T NO.74/1, 2 AND 3
NEAR VIDYAVIKAS SCHOOL,
PANATHUR
BENGALURU-560103
3. SLS PROPERTIES
REGISTERED OFFICE AT
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NC: 2024:KHC:10723
CRL.P No. 646 of 2024
C/W CRL.P No. 1420 of 2020
NO.74/1, 2 AND 3
NEAR VIDYA VIKAS SCHOOL
PANATHUR
BENGALURU-560103
...RESPONDENTS
(BY SMT ANITHA GIRISH, HCGP FOR R1 AND SRI
SRINIVAS.N, ADVOCATE FOR R3)
***
THIS CRL.P FILED BY THE PETITION - ACCUSED NO.1
U/S 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.11668/2019 ORIGINATED FROM CR.NO.507/2018 OF
THE RESPONDENT BELLANDUR POLICE WHICH IS REGISTERED
FOR THE OFFENCE P/U/S 406,420,504,506 R/W 34 OF IPC
WHICH IS PENDING ON THE FILE OF THE HONBLE III
ADDL.C.M.M AT BENGALURU, ETC.,
IN CRIMINAL PETITION NO. 1420 OF 2020
BETWEEN:
1. CHANDRAKANTH M. KATWA
S/O MURALIDHAR KATWA
AGED ABOUT 43 YEARS,
R/AT NO.8-1-76/1, NEAR LIC OFFICE
KOPPAL-583231
2. AKASHKIRAN KATWA
S/O MURALIDHAR KATWA
AGED ABOUT 51 YEARS,
R/AT NO.8-1-76/1, NEAR LIC OFFICE
KOPPAL-583231
...PETITIONERS
(BY SRI M SHASHIDHARA, ADVOCATE)
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NC: 2024:KHC:10723
CRL.P No. 646 of 2024
C/W CRL.P No. 1420 of 2020
AND:
1. STATE OF KARNATAKA
BY BELLANDURU P S
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. PRABHAKAR REDDY
S/O V SHEKAR REDDY
AGED ABOUT 48 YEARS,
RA/T NO.74/1, 2 AND 3
NEAR VIDYAVIKAS SCHOOL,
PANATHUR
BENGALURU-560103
3. SLS PROPERTIES
REGISTERED OFFICE AT
NO.74/1, 2 AND 3
NEAR VIDYA VIKAS SCHOOL
PANATHUR
BENGALURU-560103
...RESPONDENTS
(BY SMT ANITHA GIRISH, HCGP FOR R1)
***
THIS CRL.P FILED BY THE PETITIONERS - ACCUSED NO.2
& 3 U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS
IN C.C.NO.11668/2019 ORIGINATED FROM CR.NO.507/2018
OF THE RESPONDENT BELLANDUR POLICE WHICH IS
REGISTERED FOR THE OFFENCE P/U/S 406,420,504,506 R/W
34 OF IPC WHICH IS PENDING ON THE FILE OF THE HONBLE
III ADDL.C.M.M AT BENGALURU, ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:10723
CRL.P No. 646 of 2024
C/W CRL.P No. 1420 of 2020
ORDER
The Crl.P. No.646/2024 is filed by the petitioner - accused No.1 and Crl. P. No.1420/2020 is filed by the petitioner No.1 - accused No.2 and petitioner No.2 - accused No.3 under Section 482 of Cr.P.C. to quash the proceedings in CC No.11668/2019 pending on the file of IV Addl. CMM, Bengaluru, arising out of Cr. No.507/2018 of the respondent No.1 - Bellanduru Police Station, Bengaluru for the offences punishable under Sections 406,420,504,506 R/W 34 OF IPC.
2. During the pendency of the petitions these petitions as well as some other cases pending between the parties before the other Courts are referred to the Bangalore Mediation Centre, Bengaluru. It is submitted that one such case was settled before the Division Bench of this Court headed by Hon'ble Chief Justice and on 22.02.2024 Commercial Appeal No.249/2023 was disposed of by way of compromise.
3. Learned High Court Government Pleader take notice for respondent No.1 - State in both these appeals.
4. The parties to these two petitions along with their learned counsel are present before Court physically. -5-
NC: 2024:KHC:10723 CRL.P No. 646 of 2024 C/W CRL.P No. 1420 of 2020
5. It is submitted by parties and their counsel that the matter is settled between the parties amicably and to the said effect they have filed a joint memo dated 14.03.2024. As per the joint memo the respondents have paid a sum of Rs.2 Crores to the petitioners through a Demand Draft and settled their dispute. Both the parties have filed a joint affidavit today and the same is taken on record.
6. In view of the fact that both the parties have filed the joint memo and joint affidavit reporting that they have settled the dispute between them amicably, they are permitted to do so and the proceedings pending between then deserves to be quashed.
7. Accordingly, the proceedings in CC No.11668/2019 pending on the file of IV Addl. CMM, Bengaluru, arising out of Cr. No.507/2018 of the respondent No.1 - Bellanduru Police Station, Bengaluru for the offences punishable under Sections 406,420,504,506 R/W 34 OF IPC as against petitioners - accused Nos. 1 to 3, are hereby quashed.
Sd/-
JUDGE VK List No.: 1 Sl No.: 7