Allowed

Mr Balachandarkrishnaswamy v. State of Karnataka

Karnataka HC7 Apr 2022CRL.P/1371/2022

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 482 Cr.P.C. to quash proceedings for offences under Sections 406, 417, 418, 419, 420, 120B, 506, and 34 of IPC, the High Court allowed the petition. The court recorded that the parties had entered into a settlement involving payment and vacating possession. Consequently, proceedings against the petitioner were quashed, though the right to revive proceedin

What did the court decide?

The criminal petition was allowed. Proceedings in C.C. No. 10033/2021 were quashed on the petitioner accused No. 2.

Mr Balachandarkrishnaswamy Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION No.1371/2022

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BETWEEN

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MR. BALACHANDARKRISHNASWAMY, AGED ABOUT 43 YEARS, S/O LATE KRISHNASWAMY, R/AT FLAT NO. HS-4, 3^RD FLOOR, KMR APARTMENT, OPP. RAGHAVENDRA TEMPLE, HULIMAVU, BENGALURU – 560 076.

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ALSO AT:

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NO.44/2, SAKTHI NILAYAM, 3^rd MAIN, R.C LINGAMALANE, SARAKKI, J.P NAGAR, 1^st PHASE,

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BENGALURU.

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FOREST WOODS, NO.15, LORONGLIEWLIAN, DOOR NO.10/28, SINGAPORE – 533 853.

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... PETITIONER

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[BY SRI.RAJ PRABHU S., ADVOCATE]

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AND

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STATE OF KARNATAKA, BY JAYAPRAKASH NAGAR

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POLICE STATION, BENGALURU CITY – 560 001. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 078.

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SRI.MOHAN RAM VENKATESH, S/O VENKATESH, AGED ABOUT 45 YEARS, R/AT 44/2, 5 & 6, NEW NO.27, 1^ST FLOOR, 3^RD MAIN, 12^TH A CROSS, R.C.LINGAM LANE, SARAKKI, J.P.NAGAR, 1^ST PHASE, BENGALURU – 560 078.

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... RESPONDENTS

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[BY SMT.K.P.YASHODA, HCGP FOR R1; SRI.M.E. MOHAN KUMAR, ADVOCATE FOR R2]

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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.10033/2021 ARISING OUT OF CR.NO.32/2020 AGAINST THE PETITIONER REGISTERED BY THE 1^ST RESPONDENT JAYAPRAKASH NAGAR P.S., BENGALURU FOR THE OFFENCE P/U/S 406, 417, 418, 419, 420, 120B, 506 R/W 34 OF IPC PENDING ON THE FILE OF THE HONBLE IV A.C.M.M. COURT AT BENGALURU.

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

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ORDER

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The petitioner is before this Court calling in question proceedings in C.C.No.10033/2021 registered for offences

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punishable under Sections 406, 417, 418, 419, 420, 120B, 506 read with Section 34 of IPC pending on the file of the IV ACMM Court at Bengaluru.

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During the pendency of the proceedings, it transpires that the parties to the lis have entered into a compromise and have filed such conditions of compromise. The terms of compromise as obtaining in the compromise petition, reads as follows:

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COMPROMISE PETITION

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1. The petitioner submits that, Being aggrieved by the entire proceedings initiated in CC 10033/2021 arising out of Crime No.32/2020 registered on the file of the 1^st Respondent police which got registered on the strength of directions

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under section 156(3) of Crpc in PCR No.11142/2019 on the file of the Hon’ble IV ACMM, Bengaluru, for the offences punishable u/s 406,417,418,419,420,120B,506 R/W sec 34 of IPC.

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2. It is pertinent to note that during the court proceedings, the Petitioner, 1^st Accused Srinivas and the 2^nd Respondent / complainant have discussed amongst themselves and arrived to a settlement on the terms and conditions detailed below:

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Terms and conditions:

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i. It is agreed between the parties that the 1^st Accused / Srinivas who has signed this compromise petition shall repay a sum of Rs.14,25,000/- to the 2^nd Respondent / Defacto complainant towards the refund of the lease amount registered vide Lease Agreement dated 05/07/2018 after adjusting Rs.75,,000/towards the repair, damages and painting charges, the 2^nd Respondent / Defacto complainant has also agreed for the same.

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ii. It is agreed between the parties that, the said amount shall be paid by 1^st Accused Srinivas as full and final settlement on or before 31/12/2022

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to the 2^nd Respondent / Defacto complainant and towards the part payment 1^st Accused Srinivas has this day issued a cheque in favour of the 2^nd Respondent / Defacto complainant a sum of Rs.50,000/vide cheque No.729402 dated 18/4/2022 drawn on SBI Bank, Jayanagar Branch, Bengaluru and 2^nd Respondent / Defacto complainant has acknowledged the receipt of the same.

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iii. It is agreed between the parties that in case the 1^st Accused Srinivas fails to settle the 2^nd Respondent / Defacto complainant on or before 31/12/2022, the Petitioner / 2^nd Accused shall be responsible to settle for balance dues to the 2^nd Respondent / Defacto complainant as on 31/12/2022.

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iv. It is submitted that the 2^nd Respondent shall have no objection whatsoever to quash this proceedings against this Petitioner, if Petitioner fails to comply with the terms of this compromise

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petition, in such case the 2^nd Respondent shall be at liberty to reopen this petition or shall file a fresh complaint on the fresh cause of action for non-compliance of this compromise petition.

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v. It is agreed between the parties that the 2^nd Respondent / Defacto complainant shall immediately vacate and handover the vacant possession of the respective portions for which the lease agreement have been entered between the parties.

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Wherefore, it is most respectfully prayed that this Hon’ble court be pleased to accept the compromise petition and quash the proceedings initiated in CC 10033/2021 arising out of Crime No.32/2020 registered on the file of the 1^st Respondent police which got registered on the strength of directions under section 156(3) of Crpc in PCR No.11142/2019 on the file of the Hon’ble IV ACMM, Bengaluru, for the offences punishable

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u/s 406,417,418,419,420,120B,506 R/w sec 34

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if IPC against the petitioner and pass such orders that this Hon’ble Court deems fit, in the interest of justice.”

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In the light of the compromise arrived at between the parties as afore-quoted, I deem it appropriate to terminate the proceedings against the petitioner - accused No.2 in the subject petition.

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Therefore, the following:

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ORDER

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i. Criminal Petition is allowed.

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ii. Proceedings pending in C.C.No.10033/2021 before the IV ACMM, Bengaluru stands quashed qua the petitioner.

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iii. It is made clear that if there is breach of any term of compromise so placed before this Court, the complainant would be at liberty to initiate such proceedings as available in law. With the quashment

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of the proceedings against accused No.2, he shall be entitled to all consequential benefits of such quashment.

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In view of disposal of the main petition, I.A.No.2/2022 also

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stands disposed.

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Sd/JUDGE

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SJK

Mr Balachandarkrishnaswamy v. State of Karnataka

Case brief

What is this about?

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Mr Balachandarkrishnaswamy v. State of Karnataka

Case brief

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