Karnataka High Court
Mr. Bijay Agarwal vs State Of Karnataka on 6 April, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.2106 OF 2022
BETWEEN:
1. MR.BIJAY AGARWAL
S/O MR.R.L.AGARWAL
AGED ABOUT 58 YEARS
HAVING OFFICE AT
SATTVA DEVELOPERS PVT. LTD.,
SALARPURIA WINDSOR
NO.3, 4TH FLOOR, ULSOOR ROAD
BENGALURU - 560 042.
2. SMT. BIR MOHAN SINGH
W/O MOHAN SINGH
AGED ABOUT 82 YEARS
HAVING OFFICE AT
ECIE IMPACT PVT. LTD.,
P.B.NO. 8TH MILE STONE
TUMAKURU ROAD
BENGALURU - 560 057.
... PETITIONERS
(BY SRI MAHESH S., ADVOCATE (PHYSICAL HEARING))
AND:
1. STATE OF KARNATAKA
BY PEENYA POLICE STATION
BENGALURU
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
2
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SRI CHANDRASHEKAR N.,
S/O NARAYANASWAMY V.,
AGED ABOUT 49 YEARS
RESIDING AT NO.17, SC ROAD
BASAVANAGUDI
BENGALURU - 560 004.
... RESPONDENTS
(BY SMT.YASHODHA K.P., HCGP FOR R1 (PHYSICAL HEARING))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.15967/2020 (CR.NO.205/2019 OF PEENYA POLICE
STATION) PENDING ON THE FILE OF XXXI ADDL.C.M.M.,
BENGALURU FOR THE OFFENCE P/U/S 447, 427, 420 R/W 34 OF
IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.15967 of 2020 pending before the 31st Additional Chief Metropolitan Magistrate, Bangalore arising out of Crime No.205 of 2019 registered for offences punishable under Sections 427, 447 r/w Section 34 of the IPC. 3
2. Heard Sri.Mahesh.S., learned counsel for petitioners and Smt.Yashoda.K.P., learned High Court Government Pleader for respondent No.1.
3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-
On certain breach of agreement between the complainant and the accused, a complaint was registered against the accused in Crime No.205 of 2019. The Police, after investigation, filed a charge sheet and the case was then numbered as C.C.No.15967 of 2020. Accused Nos. 2 and 3 in the said crime approached this Court in Criminal Petition No.865 of 2021. During the pendency of the said criminal petition, the 2nd respondent/complainant and accused Nos. 2 and 3 filed an application compounding the offences wherein the complainant consented for quashment of proceedings against the accused therein. This Court disposed of Criminal Petition No.865 of 2021 which concerned accused Nos. 2 and 3 by the following order:4
"ORDER Petitioner Nos.1 and 2 and respondent No.2 are present before the Court.
2. Petitioner Nos.1 and 2 and respondent No.2 have filed an application under Section 320 (1) and (2) of Cr.P.C., seeking permission to compound the offence in relation to C.C.No.15967/2020 for the offences punishable under Section 447, 427, 420 r/w. 34 of IPC, on the file of 31st Addl. Chief Metropolitan Magistrate, Bengaluru.
3. In view of the reasons stated in the affidavit, filed by the petitioner Nos.1, 2 and respondent No.2 and submissions of the counsel, I.A.No.2/2021-application is allowed. The parties are permitted to compound the offence.
4. The petitioner Nos.1, 2 and respondent No.2 have filed joint memo for settlement. On enquiry, the petitioner Nos.1, 2 and respondent No.2 submit that they have voluntarily filed joint memo and admit the contents.
5. In view of settlement arrived between the parties, respondent No.2 has no objection to quash the entire proceedings in C.C.No.15967/2020.
In view of the submission of the counsel, the Joint memo and submissions are placed on record.
Accordingly, I pass the following:
ORDER The criminal petition is allowed.
The entire proceedings against the petitioner Nos.1 and 2 - accused Nos.2 and 3 in C.C. No.15967/2020 (Crime No.205/2019) of Peenya Police Station, Bengaluru City for the offence punishable under Sections 447, 427, 420 r/w 34 of 5 IPC on the file of the 31st Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed."
At paragraph 5 of the said order this Court noticed that in view of the settlement arrived at between the parties, respondent No.2 had no objection to quash the entire proceedings in C.C.No. 15967 of 2020.
4. The petitioners herein are accused Nos. 1 and 9 in the same dispute and are now before this Court on the ground that despite the settlement arrived at between the parties, the competent Court is proceeding with the matter in the light of no order being passed by this Court concerning the present case. The application filed for compounding of the offences in C.C.No.15967 of 2020 reads as follows:
"APPLICATION UNDER SECTION 320 (1) AND (2) OF THE CODE OF CRIMINAL PROEDURE That the Petitioner's and the 2nd Respondent humbly submit as follows:
1. It is humbly submitted that at the instance of the 2nd Respondent Sri.Chandrashekar N, the 1st Respondent Peenya Police have registered a case against the Petitioners herein and six others for offences under 6 Sections 427, 34 and 447 of IPC in Crime No.205/2019 on 19-06-2019.
2. It is submitted that the 1st respondent police after investigation have laid a charge sheet based on which, criminal proceedings was initiated by the Hon'ble 31st Additional Chief Metropolitan Magistrate, at Bangalore in C.C.No.15967/2020 against the Petitioners herein and six others for offences under Sections 447, 427, 420 R/w 34 of IPC.
3. It is submitted that the petitioners and 2nd respondent after due deliberations, have amicably settled their disputes among themselves and the 2nd Respondent does not further intend to prosecute the accused charged in this F.I.R. / charge sheet. Hence, under the above circumstances, the Petitioners and the 2nd Respondent are seeking permission to compound the case in C.C.No.15967/2020 for offences under Sections 447, 427, 420 R/w 34 of IPC.
4. The petitioner's herein and 2nd respondent submit that during the above proceedings before this Hon'ble Court, the Petitioners and the 2nd Respondent have amicably settled the matter and in view of the above settlement between petitioners herein and the 2nd respondent Chandrashekar N, the 2nd respondent Sri.Chandrashekar N do not have any objections for this Hon'ble High Court to quash the entire proceedings in C.C.No.15967/2020 against the Petitioners herein."
The complainant has compounded the offences against all the accused is the inference that can be drawn from a reading of the afore-quoted application. It is on that basis Criminal Petition No.865 of 2021 was disposed of.
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5. The petitioners are now before this Court in view of continuance of proceedings against them in the very crime. The notice was issued by this Court and hand summons was also directed to be taken in the light of the settlement arrived at between the parties. All efforts that have been made by the petitioners to serve upon the complainant/2nd respondent turned futile and the petitioners have placed a memo with documents which show their efforts to serve the complainant by way of hand summons and their failure. It appears that the complainant is not residing at the said address. Non-bailable warrant was issued against the petitioners by the criminal Court in the said criminal case owing to the absence of the petitioners.
6. In the light of the settlement arrived at between the parties therein, which was noticed by this Court, the entire criminal case is to be quashed. Accordingly, I deem it appropriate to pass the following:
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ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C. No.15967 of 2020 pending before the 31st Additional Chief Metropolitan Magistrate, Bangalore stand quashed.
Sd/-
JUDGE bkp CT:MJ