Karnataka High Court
Mr Rohan Pierera vs State Of Karnataka on 9 October, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF OCTOBER 2013
BEFORE
THE HON'BLE MR JUSTICE K. N. KESHAVANARAYANA
CRIMINAL PETITION No.6907/2012
BETWEEN:
Mr.Rohan Pierera
S/o. Basil Pierera,
Aged about 40 years,
Residing at No.1423/2,
Kulappa Layout,
Nehru Road, Kamanahalli,
St.Thomas Town,
Bangalore-560 084. ... Petitioner
(By Sri. A. Nancy Prince, Advocate)
AND:
1. State of Karnataka,
By Airport Police,
Represented by Public Prosecutor,
High Court of Karnataka,
Bangalore-560 001.
2. Mr.Sudhakar Balakrishnan,
S/o.M.Balakrishnan,
C/o. ADECCO India,
# 02, Wind Tunnel Road,
Murugeshpalya,
Bangalore City-560 017.
(Amended as per order dated
11.01.2013) ... Respondents
(By Sri.K.Dilip Kumar, HCGP for R-1;
Sri.B.A.Belliappa, Advocate for R-2)
2
This Criminal Petition is filed under Section 482 of the
Cr.P.C., praying to quash the entire proceedings in Crime
No.213/2009 registered on 01.11.2009 (C.C.No.23389/2009)
pending before the X Additional Chief Metropolitan Magistrate,
Mayo Hall, Bangalore City.
This Criminal Petition coming for admission on this day,
the court made the following:
ORDER
In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the prosecution launched against him in C.C. No.23389/2009 on the file of X-ACMM, Bangalore, registered for the offences punishable under Sections 502,506 and 507 of I.P.C.
2) Today, a joint memo duly signed by the petitioner and Respondent No.2 and their Advocates is filed reporting that the dispute between them has been amicably settled and in the light of the same, Respondent No.2 does not wish to pursue the prosecution launched against the petitioner on the basis of the report lodged by him, for the aforesaid offences.
3) The petitioner as well as Respondent No.2, who are present before the court, reiterates the contents of the joint memo and admits that the dispute between them has 3 been amicably settled and that Respondent No.2 does not wish to pursue the prosecution launched against the petitioner based on the report lodged by him.
4) Having regard to the nature of the offences alleged against the petitioner and in the light of amicable settlement between the petitioner and Respondent No.2, who was the informant before the police, I am of the considered opinion that no useful purpose would be served by continuing the prosecution. Continuance of the prosecution would not only result in wastage of precious public time of the Court but also result in embarrassment and harassment to the parties. In this view of the matter, I am convinced that this is a fit matter for exercising jurisdiction under Section 482 of Cr.P.C.
5) In the result, the petition is allowed. The prosecution launched against the petitioner in C.C. No.23389/2009 on the file of X-ACMM, Bangalore, is hereby quashed.
SD/-
JUDGE KGR*