Quashed

Sri Satheesh Reddy G v. Vs State by

Karnataka HC18 Apr 2022CRL.P/160/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru disposed of a Criminal Petition under Section 482 Cr.P.C. filed to quash theft and cheating proceedings. The Court accepted a settlement and compounding application filed jointly by parties and quashed the proceedings against the petitioners.

What did the court decide?

Criminal Petition disposed; Proceedings in Crime No.20/2021 quashed qua petitioners.

Sri Satheesh Reddy G v Vs State by — Cheque Dishonour | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^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.160/2022

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BETWEEN

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1 . SRI. SATHEESH REDDY G V., AGED ABOUT 56 YEARS, S/O LATE G T VENKATASWAMY REDDY, R/OF GUNJUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE – 560 087.

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2 . MR. BASAVAIAH G., AGED ABOUT 56 YEARS, S/O LATE G VENKATESWARLU, NO.402, PANCHAVATI APARTMENTS, 18^TH MAIN, 5^TH CROSS, INDRANAGAR, HAL 2^ND STAGE, BANGALORE – 560 008.

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... PETITIONERS

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[BY SRI. Y.C. BHUJABALAIAH, ADVOCATE]

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AND

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1 . STATE BY SIDDAPURA POLICE STATION, SIDDAPURA, BANGALORE REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE.

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2 . SRI. L.JAYARAM S/O LATE LAKSHMINARAYANAPPA, HAVING ITS OFFICE AT NO.7, 9^TH MAIN ROAD, JAYANAGAR II BLOCK, BENGALURU-560011

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... RESPONDENTS

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[BY SRI. ROHIT B.J., HCGP FOR R1; SRI. RAMAKANTH RAO, ADVOCATE FOR R2]

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.20/2021 DATED 28.01.2021 BY THE RESPONDENT - SIDDAPURA P.S., AGAINST THE PETITIONERS AND DISCHARGE THE PETITIONERS BY SETTING THEM AT LIBERTY FROM THE CRIMINAL CASE REGISTERED IN CR.NO.20/2021.

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

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ORDER

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The petitioners are before this Court calling in question proceedings in Crime No.20/2021 registered for offences punishable under Sections 406 and 420 read with Section 34 of the IPC.

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During the pendency of these proceedings, it

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transpires that the parties to the lis have entered into a

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settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows:

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“APPLICATION UNDER SECTION 320 R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE

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The petitioner as and Respondent No.2 jointly submits before this Hon’ble court as follows:-

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The respondent No:2 herein lodged a complaint on 28.1.2021, before the Respondent No:1, which came to the registered in crime No:20/2021 and the matter is under investigation and charge sheet not yet filed against the petitioner before the IVth Addl. CMM at Nrupathunga Road, Bangalore. the FIR registered by the respondent No 1 for the offence punishable under section 406, 420, R/w 34 IPC.

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That during the pendency of the case, a compromise has been affected between the parties, with the intervention of the respectable person, wishher(well). The respondent No:2 do not want to pursue the case.

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As per the terms and conditions set out in the compromise the petition both the parties are agree to end their disputes.

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That in view of the the facts and circumstances enumerated herein above and also in view of the compromise arrived between the parties the FIR in question is liable to be quash because of eontinious of proceedings in the above said FIR will be an abuse of process of law.

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The respondent No:2 submits that, he has no objection to de-freeze the accounts of petitioner No:1, which are mentioned below:-

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1. ICICI BANK 7^th seciof HSR Layout, Branch Bangalore.S.B.No:316801001127.

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2. INDIAN BANK Avenue Road, Branch, Bangare S.B.No:647796.

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3. CANARA BANK, J.C.Road, Branch, Bangalore S.B.No:04122010012307.

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The respondent No:2 further submits that, there is no coercion or compulsion on him to compound the offence, but on her own freewill agreed to compound the case Hence, this

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application seeking kind permission of this Hon’ble court to compound the offences.

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:PRAYER:

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WHEREFORE: this Hon’ble court may be pleased to accord permission to compound the offence in Crime.No:20/2021 pending before the VI the Addl. CMM, Bangalore registered by the Ist respondent police for the offence under section 406, 420 R/W 34 IPC. And consequently be pleased to allow the main petition filed under section 482 of Cr.P.C. as prayed for therein, in the interest of justice and equity.”

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In the light of application compounding for being filed along with the joint affidavit and offences not being against the Society, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition.

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For the aforesaid reasons, the following:

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ORDER

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i. Criminal Petition is disposed.

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ii. Proceedings pending in Crime No.20/2021, stands quashed qua the petitioners.

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Sd/JUDGE

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SJK

Sri Satheesh Reddy G v. Vs State by

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Sri Satheesh Reddy G v. Vs State by

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