The Criminal Court allowed the petitions under Section 482 CrPC to quash criminal proceedings arising from a lease agreement dispute. This was based on a set settlement wherein terms were agreed upon by the parties to settle outstanding dues and return possession.
Proceedings in C.C.No.10030/2021 stands quashed qua the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.1755/2022
BETWEEN
MR. BALACHANDARKRISHNASWAMY, AGED ABOUT 43 YEARS, S/O LATE KRISHNASWAMY, R/AT FLAT NO. HS-4, 3RD FLOOR, KMR APARTMENT, OPP. RAGHAVENDRA TEMPLE, HULIMAVU, BENGALURU – 560 076.
ALSO AT:
BENGALURU.
... PETITIONER
[BY SRI.RAJ PRABHU S., ADVOCATE]
AND
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POLICE STATION, BENGALURU CITY – 560 001. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 078.
... RESPONDENTS
[BY SMT.K.P.YASHODA, HCGP FOR R1; SRI.M.E. MOHAN KUMAR, ADVOCATE FOR R2]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.10030/2021 ARISING OUT OF CR.NO.229/2019 AGAINST THE PETITIONER REGISTERED BY THE 1ST RESPONDENT JAYAPRAKASH NAGAR P.S., BENGALURU FOR THE OFFENCE P/U/S 406, 417, 418, 419, 420, 120(B), 506 R/W 34 OF IPC PENDING ON THE FILE OF IV A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.10030/2021 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.
COMPROMISE PETITION
1. The petitioner submits that, Being aggrieved by the entire proceedings initiated in CC 10030/2021 arising out of Crime No.229/2019 registered on the file of the 1st Respondent police which got registered on the strength of directions
under section 156(3) of Crpc in PCR No.11144/2019 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, 1st Accused Srinivas and the 2nd Respondent / complainant have discussed amongst themselves and arrived to a settlement on the terms and conditions detailed below:
Terms and conditions:
i. It is agreed between the parties that the 1st Accused / Srinivas who has signed this compromise petition shall repay a sum of Rs.12,25,000/- to the 2nd Respondent / Defacto complainant towards the refund of the lease amount registered vide Lease Agreement dated 05/02/2018 after adjusting Rs.75,000/- towards the repair, damages and painting charges, the 2nd Respondent / Defacto complainant has also agreed for the same.
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to the 2nd Respondent / Defacto complainant and towards the part payment 1st Accused Srinivas has this day issued a cheque in favour of the 2nd Respondent / Defacto complainant a sum of Rs.50,000/vide cheque No.729400 dated 18/4/2022 drawn on SBI Bank, Jayanagar Branch, Bengaluru and 2nd Respondent / Defacto complainant has acknowledged the receipt of the same.
iii. It is agreed between the parties that in case the 1st Accused Srinivas fails to settle the 2nd Respondent / Defacto complainant on or before 31/12/2022, the Petitioner / 2nd Accused shall be responsible to settle for balance dues to the 2nd Respondent / Defacto complainant as on 31/12/2022.
iv. It is submitted that the 2nd 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 2nd 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.
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 10030/2021 arising out of Crime No.229/2019 registered on the file of the 1st Respondent police which got registered on the strength of directions under section 156(3) of Crpc in PCR No.11144/2019 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
if IPC against the petitioner and pass such orders that this Hon’ble Court deems fit, in the interest of justice.”
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.
ORDER
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.
In view of disposal of the main petition, I.A.No.2/2022 also
stands disposed.
Sd/JUDGE
SJK
1 issue framed by the court
Whether the criminal proceedings initiated against the petitioner should be quashed in the light of the compromise arrived between the parties.
2 provisions across 1 enactments
Mr. Balachandarkrishnaswamy
State of Karnataka
Sri. Pradeep K.N.
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
