Allowed

Lakshmidevamma v. the State of Karnataka

Karnataka HC16 Sept 2021CRL.P/7149/2021

Case brief

AI extract

What is this about?

This High Court quashed an FIR registered for cheating and criminal breach of trust offences. The petitioners, who were accused in the FIR, filed a compromise petition leading to an amicable settlement involving property transfer. Relying on the principles laid down in Gian Singh vs. State of Punjab, the Court allowed the main criminal petition and the compromise application, quashing the proceedi

What did the court decide?

The FIR in Crime No.18 of 2021 and the criminal proceedings against petitioner Nos.1 to 3 were quashed. I.A.No.1/2021 and I.A.No.2/2021 were disposed of.

Lakshmidevamma Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO.7149 OF 2021

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BETWEEN

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LAKSHMIDEVAMMA W/O. LATE M.A. MAREGOWDA, AGED ABOUT 56 YEARS,

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HARINI M. W/O. RAJESH M.V., AGED ABOUT 31 YEARS,

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RAJESH S/O. VASUDEVA, AGED ABOUT 34 YEARS,

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ALL ARE RESIDING AT NO.196, NEAR SHAMBAGH HOSPITAL, BASAVESHWARA NAGARA, BENGALURU – 560 079.

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... PETITIONERS (BY SRI SHAKEER ABBAS M., ADVOCATE)

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AND

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THE STATE OF KARNATAKA THROUGH BASAVESHWARA NAGAR P.S., BENGALURU, THROUGH THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001.

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2

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CHANDRASHEKHAR M.G. S/O. LATE GOVINDAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.278, 7^TH MAIN, M.S. RAMAIAH ENCLAVE, 8^TH MAIL, NAGASANDRA POST, TUMKUR ROAD, BENGALURU – 560 073.

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...RESPONDENTS

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(BY SRI B.J. ROHITH, HCGP FOR R-1/STATE; SRI RAGHU H., ADVOCATE FOR R-2.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.18 OF 2021 DATED 19.01.2021 REGISTERED BY THE RESPONDENT NO.1 BASAVESHWARA NAGARA POLICE STATION, BENGALURU, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 504 AND 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, PRODUCED HERETO AS ANNEXURE-A, IN SO FAR AS THESE PETITIONERS ARE CONCERNED.

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

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ORDER

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Learned High Court Government Pleader accepts

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notice for respondent No.1-State.

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Sri Raghu H, learned counsel appeared for respondent No.2.

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This petition is filed by the petitioners –

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accused Nos.1 to 3 under Section 482 of Cr.P.C., for quashing the FIR in Crime No.18/2021 dated 19.01.2021 registered by the Basaveshwara Nagara Police Station for the offences punishable under Sections 406, 420, 504 and 506 read with 34 of IPC.

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Heard the arguments of learned counsel on both the sides.

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During the pendency of this petition, both the parties appeared before the Court along with their counsels and filed I.A.No.2/2021 under Section 320 read with Section 482 of Cr.P.C. for compounding the offences.

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Perused the memo of settlement held between the parties and the parties have amicably settled their dispute between them. As per the settlement, petitioners are said to have agreed to transfer the property in favour of respondent No.2.

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Therefore, on terms of settlement, respondent No.2 has no objection to quash the FIR in Crime No.18/2021 registered by the Basaveshwara Nagara Police Station against the petitioners.

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In view of settlement between the parties, I.A.No.2/2021 is allowed.

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As per the judgment of the Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J.4934, wherein, it has been held that in cases where the parties have settled their dispute between them then the Court can quash the proceedings. In view of the principles laid down in the case of Gian Singh stated supra and guidelines issued therein, the criminal proceedings against petitioner Nos.1 to 3 requires to be quashed. Therefore, the criminal proceedings against petitioner Nos.1 to 3 in Crime No.18/2021 registered by the Basaveshwara Nagara Police Station, Bengaluru for the offences punishable under

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Sections 406, 420, 504, 506 read with Section 34 of IPC is hereby quashed. Accordingly, criminal petition is allowed .

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In view of disposal of the main petition, pending I.A.No.1/2021 does not survive for consideration and the same is disposed of.

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Sd/JUDGE

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GBB

Lakshmidevamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Lakshmidevamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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