Allowed

Hemalatha N v. the State of Karnataka

Karnataka HC7 Sept 2021CRL.P/2922/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 CrPC to quash proceedings under the Bharatiya Nyaya Sanhita (formerly IPC)Sections 342, 323, 504, and 506, based on a settlement agreement where the petitioner company agreed to pay Rs. 4 lakh to the respondent employee.

What did the court decide?

Entire proceedings in C.C. No. 10232/2017 and the order dated 16.03.2017 passed by the Additional CMM, Bengaluru, stood quashed.

Hemalatha N Vs the State of Karnataka — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION No.2922/2018

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BETWEEN

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HEMALATHA N., D/O H.C.NAGARAJ AGED ABOUT 40 YEARS TRAINING MANAGER (HO) METRO CASH AND CARRY INDIA PRIVATE LIMITED 26/3, INDUSTRIAL SUBURBS, ‘A’ BLOCK, SUBRAMANYA NAGAR WARD NO. 9, BENGALURU – 560 055.

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VISHAL MAHARAJ KAPOOR S/O MAHARAJ KRISHEN KAPOOR AGED ABOUT 52 YEARS HEAD OF STORE OPERATIONS, METRO CASH AND CARRY INDIA PRIVATE LIMITED 26/3, INDUSTRIA SUBURBS A BLOCK, SUBRAMANYA NAGAR WARD NO 9, BENGALURU - 560055

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... PETITIONERS

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(BY SMT.CHARITHA V., ADVOCATE FOR SRI CHINMAY J. MIRJI, ADVOCATE (PHYSICAL HEARING))

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AND

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THE STATE OF KARNATAKA KUMAR SWAMY LAYOUT POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR

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HIGH COURT OF KARNATAKA AT BENGALURU.

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NINGARAJU S/O LATE NIGAIAH MAJOR IN AGE R/O LAKSHMI VENKATESHWARA NILAYA NEAR SHIVA TEMPLE, 1^ST CROSS, DODKALSANDRA, BENGALURU – 560 062.

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... RESPONDENTS

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(BY SMT.NAMITHA MAHESH B.G., HCGP FOR R1 (PHYSICAL HEARING)

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SRI A.S.KISHOR KUMAR, ADVOCATE FOR SRI N.SRINIVAS, ADVOCATE FOR R2 (PHYSICAL HEARING))

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10232/2017 REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 342, 323, 504, 506 R/W 34 OF IPC AND ORDER PASSED BY THE COURT OF THE 44^th A.C.M.M., BANGALORE TAKING COGNIZANCE VIDE ORDER DATED 16.03.2017 US 342, 323, 504, 506 R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition arises out of the proceedings in

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C.C.No.10232/2017.

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The parties are present before the Court and are identified by their respective counsel. It is submitted that

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during the pendency of this petition, the parties have entered into a settlement drawing up certain terms of settlement and have also filed a joint memo to that effect. The joint memo reads as follows:

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“i. The Parties after mutual discussion have agreed to settle the dispute as a full and final settlement of all claims and disputes whatsoever in relation to the Criminal Case, Criminal Petition the cases filed before the Labour Court and the Industrial Tribunal. The Parties have agreed to report settlement in the aforementioned Criminal Petition No.2922/2018, filed before the Hon’ble High Court of Karnataka, at Bangalore. The Company shall pay the Settlement Amount of Rs.4,00,000/- (Rupees Four Lakhs only) allinclusive to the Respondent No.2 in the manner set out below.

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ii. The Company shall pay the Settlement Amount of Rs.4,00,000/- (Rupees Four Lakhs only) to the Respondent No.2. The above mentioned settlement amount of Rs.4,00,000/- (Rupees Four Lakhs only) will be paid by the Company

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to the Respondent No.2 in two parts through Demand Draft in the manner as detailed below:

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a) The Company shall pay the Respondent No.2 a sum of Rs.2,00,000/- (Rupees Two Lakhs only) at the time of signing this Settlement Agreement and reporting settlement before the Hon’ble High Court of Karnataka, at Bangalore in Criminal Petition No.2922/2018 and quashing of C.C.No.10232/2017 registered against the employees of the Company Mrs.Hemalath N and Mr.Vishal Maharaj Kapoor. The details of the DD are as follows:

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DD in favour of : Ningaraju N

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DD dated: 27.08.2021

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DD Number: 073923

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DD REF. NO.004112079332

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DD amount: Rs.2,00,000/- (Rupees Two Lakhs only)

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DD drawn from HDFC Bank, Malleshwaram Branch

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b) The Company shall pay the Respondent No.2 the balance sum of Rs.2,00,000/-

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(Rupees Two Lakhs only) before the Labour Court and the Industrial Tribunal upon withdrawing SLA No./298/2017 in ID No.121/2013 pending before the Industrial Tribunal, Bangalore and ID 16/2019 pending before the Principal Labour Court, Bangalore, filed by the Respondent No.2 Before the Labour Court and the Industrial Tribunal against the Company.

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3. Payment of the Settlement Amount of Rs.4,00,000/- (Rupees Four Lakhs only) in the manner as detailed above is in full and final settlement of all claims of any nature of either party against the other and no claims would be made in future, either in relation to the dispute or the Settlement Amount and the Petitioners and the Company are unconditionally and irrevocably released from all their obligations or payment due to the Respondent No.2 in relation to disputes between the Parties and any related documents, or claims thereto upon the payment of the entire settlement amount of Rs.4,00,000/(Rupees Four Lakhs only).

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4. In consideration of the payments made by the Company to the Respondent No.2 in terms of the Settlement Agreement as stated hereinabove, the Parties hereby unconditionally waive all the past, existing and future claims that they have /may have against each other under the aforementioned Criminal Case, Criminal Petition, the cases filed before the Labour Court and the Industrial Tribunal filed by the Respondent No.2.

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5. The Respondent No.2 shall not make any further claims or file any other case before any other court / tribunal / police station against the Company, the Petitioners its directors, employees, agents, representative etc., All issues between the parties hereby stand resolved. The Respondent No.2 does not have any claims apart from what is stated in this Settlement Agreement and as of the date of signing this Settlement Agreement the Company has no disputes or claims against the Company, its directors, employees, agents, representative etc.,

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6. In case the Respondent No.2 files any case or makes any claim against the Company, the

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Petitioners, its directors, employees, agents, representative etc., before any other court / tribunal / police station, the Respondent No.2 is liable to return the entire settlement amount of Rs.4,00,000/- (Rupees Four Lakhs only ) to the Company.

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7. Apart from what is agreed above, the Respondent No.2 has no other claims of whatsoever nature against the Company and the Petitioners.

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8. In view of the aforesaid Settlement Agreement entered into between the Company and the Respondent No.2, the parties pray that this Hon’ble Court may be pleased to quash the entire proceedings against the Petitioners in C.C.No.10232/2017 registered against the Petitioners for offences punishable under sections 342, 323, 504, 506 r/w 34 of Indian Penal Code, pending before the 30^th Additional Metropolitan Magistrate, at Bangalore in view of the aforementioned Settlement Agreement entered into between the Company and the Respondent No.2.

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9. Both the Company and the Respondent No.2 have entered into the above Settlement Agreement voluntarily without any undue influence or force or coercion from anyone. The Company represents the Petitioners in the above mentioned Settlement Agreement.

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10.In the event if the Respondent No.2 violates the terms agreed between the parties as detailed above, the Company and the Petitioners are at liberty to proceed to take action against the Respondent No.2 as per law.”

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In terms of the afore-extracted joint memo, the criminal petition is allowed. The entire proceedings in C.C.No.10232/2017 and the order dated 16.03.2017, passed by 44^th Additional CMM, at Bengaluru, stand quashed.

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Sd/JUDGE

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nvj CT:MJ

Hemalatha N v. the State of Karnataka

Case brief

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Hemalatha N v. the State of Karnataka

Case brief

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