Allowed

Mr. Bijay Agarwal v. State of Karnataka

Karnataka HC6 Apr 2022CRL.P/2106/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C. to quash criminal proceedings in a dispute arising from a breach of agreement. The court relied on a prior settlement between parties and issued an order quashing the case despite the complainant's absence.

What did the court decide?

The Criminal Petition is allowed and the proceedings in C.C. No. 15967 of 2020 stand quashed.

Mr. Bijay Agarwal Vs State of Karnataka — Quashing and FIR | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 06^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.2106 OF 2022

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BETWEEN:

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MR.BIJAY AGARWAL S/O MR.R.L.AGARWAL AGED ABOUT 58 YEARS HAVING OFFICE AT SATTVA DEVELOPERS PVT. LTD., SALARPURIA WINDSOR NO.3, 4^TH FLOOR, ULSOOR ROAD BENGALURU – 560 042.

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SMT. BIR MOHAN SINGH W/O MOHAN SINGH AGED ABOUT 82 YEARS HAVING OFFICE AT ECIE IMPACT PVT. LTD., P.B.NO. 8^TH MILE STONE TUMAKURU ROAD BENGALURU – 560 057.

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... PETITIONERS

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(BY SRI MAHESH S., ADVOCATE (PHYSICAL HEARING))

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AND:

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STATE OF KARNATAKA BY PEENYA POLICE STATION BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR

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HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SRI CHANDRASHEKAR N., S/O NARAYANASWAMY V., AGED ABOUT 49 YEARS RESIDING AT NO.17, SC ROAD BASAVANAGUDI BENGALURU – 560 004.

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... RESPONDENTS

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(BY SMT.YASHODHA K.P., HCGP FOR R1 (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.15967/2020 (CR.NO.205/2019 OF PEENYA POLICE STATION) PENDING ON THE FILE OF XXXI ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 447, 427, 420 R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS 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 C.C.No.15967 of 2020 pending before the 31^st Additional Chief Metropolitan Magistrate, Bangalore arising out of Crime No.205 of 2019 registered for offences punishable under Sections 427, 447 r/w Section 34 of the IPC.

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Heard Sri.Mahesh.S., learned counsel for petitioners

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and Smt.Yashoda.K.P., learned High Court Government Pleader for respondent No.1.

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Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

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On certain breach of agreement between the complainant and the accused, a complaint was registered against the accused in Crime No.205 of 2019. The Police, after investigation, filed a charge sheet and the case was then numbered as C.C.No.15967 of 2020. Accused Nos. 2 and 3 in the said crime approached this Court in Criminal Petition No.865 of 2021. During the pendency of the said criminal petition, the 2^nd respondent/complainant and accused Nos. 2 and 3 filed an application compounding the offences wherein the complainant consented for quashment of proceedings against the accused therein. This Court disposed of Criminal Petition No.865 of 2021 which concerned accused Nos. 2 and 3 by the following order:

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“ORDER

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Petitioner Nos.1 and 2 and respondent No.2 are present before the Court.

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2. Petitioner Nos.1 and 2 and respondent No.2 have filed an application under Section 320 (1) and (2) of Cr.P.C., seeking permission to compound the offence in relation to C.C.No.15967/2020 for the offences punishable under Section 447, 427, 420 r/w. 34 of IPC, on the file of 31^st Addl. Chief Metropolitan Magistrate, Bengaluru.

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3. In view of the reasons stated in the affidavit, filed by the petitioner Nos.1, 2 and respondent No.2 and submissions of the counsel, I.A.No.2/2021-application is allowed. The parties are permitted to compound the offence.

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4. The petitioner Nos.1, 2 and respondent No.2 have filed joint memo for settlement. On enquiry, the petitioner Nos.1, 2 and respondent No.2 submit that they have voluntarily filed joint memo and admit the contents.

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5. In view of settlement arrived between the parties, respondent No.2 has no objection to quash the entire proceedings in C.C.No.15967/2020.

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In view of the submission of the counsel, the Joint memo and submissions are placed on record. Accordingly, I pass the following:

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ORDER

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The criminal petition is allowed.

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The entire proceedings against the petitioner Nos.1 and 2 – accused Nos.2 and 3 in C.C. No.15967/2020 (Crime No.205/2019) of Peenya Police Station, Bengaluru City for the offence punishable under Sections 447, 427, 420 r/w 34 of

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IPC on the file of the 31^st Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.”

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At paragraph 5 of the said order this Court noticed that in view of the settlement arrived at between the parties, respondent No.2 had no objection to quash the entire proceedings in C.C.No. 15967 of 2020.

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The petitioners herein are accused Nos. 1 and 9 in the same dispute and are now before this Court on the ground that despite the settlement arrived at between the parties, the competent Court is proceeding with the matter in the light of no order being passed by this Court concerning the present case. The application filed for compounding of the offences in C.C.No.15967 of 2020 reads as follows:

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“APPLICATION UNDER SECTION 320 (1) AND (2) OF THE CODE OF CRIMINAL PROEDURE

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That the Petitioner’s and the 2^nd Respondent humbly submit as follows:

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1. It is humbly submitted that at the instance of the 2^nd Respondent Sri.Chandrashekar N, the 1^st Respondent Peenya Police have registered a case against the Petitioners herein and six others for offences under

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Sections 427, 34 and 447 of IPC in Crime No.205/2019 on 19-06-2019.

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2. It is submitted that the 1^st respondent police after investigation have laid a charge sheet based on which, criminal proceedings was initiated by the Hon’ble 31^st Additional Chief Metropolitan Magistrate, at Bangalore in C.C.No.15967/2020 against the Petitioners herein and six others for offences under Sections 447, 427, 420 R/w 34 of IPC.

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3. It is submitted that the petitioners and 2^nd respondent after due deliberations, have amicably settled their disputes among themselves and the 2^nd Respondent does not further intend to prosecute the accused charged in this F.I.R. / charge sheet. Hence, under the above circumstances, the Petitioners and the 2^nd Respondent are seeking permission to compound the case in C.C.No.15967/2020 for offences under Sections 447, 427, 420 R/w 34 of IPC.

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4. The petitioner’s herein and 2^nd respondent submit that during the above proceedings before this Hon’ble Court, the Petitioners and the 2^nd Respondent have amicably settled the matter and in view of the above settlement between petitioners herein and the 2^nd respondent Chandrashekar N, the 2^nd respondent Sri.Chandrashekar N do not have any objections for this Hon’ble High Court to quash the entire proceedings in C.C.No.15967/2020 against the Petitioners herein.”

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The complainant has compounded the offences against all the accused is the inference that can be drawn from a reading of the afore-quoted application. It is on that basis Criminal Petition No.865 of 2021 was disposed of.

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The petitioners are now before this Court in view of continuance of proceedings against them in the very crime. The notice was issued by this Court and hand summons was also directed to be taken in the light of the settlement arrived at between the parties. All efforts that have been made by the petitioners to serve upon the complainant/2^nd respondent turned futile and the petitioners have placed a memo with documents which show their efforts to serve the complainant by way of hand summons and their failure. It appears that the complainant is not residing at the said address. Non-bailable warrant was issued against the petitioners by the criminal Court in the said criminal case owing to the absence of the petitioners.

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In the light of the settlement arrived at between the parties therein, which was noticed by this Court, the entire criminal case is to be quashed. Accordingly, I deem it appropriate to pass the following:

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O R D E R

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(i) The Criminal Petition is allowed.

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(ii) The proceedings in C.C. No.15967 of 2020 pending before the 31^st Additional Chief Metropolitan

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Magistrate, Bangalore stand quashed.

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Sd/JUDGE

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bkp CT:MJ

Mr. Bijay Agarwal v. State of Karnataka

Case brief

What is this about?

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Mr. Bijay Agarwal v. State of Karnataka

Case brief

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