High Court disposed of a criminal petition seeking to quash FIR and proceedings involving offences under IPC Sections 323, 324, 354, 506. Court quashed proceedings after accepting a settlement memorandum where parties agreed to compromise allegations upon payment of Rs. 20 lakhs.
Criminal petition disposed; proceedings in C.C.No.9459/2018 quashed.
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.
CRL.P No. 2979 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2979 OF 2020
BETWEEN:
SUNIL KUMAR AHUJA S/O LATE K.N.AHUJA, AGED ABOUT 52 YEARS 95, EPIP AREA, WHITEFIELD BENGALURU 560 066
ALSO AT R/O AT H.NO.6-3-596/72 NAVEEN NAGAR, HYDERABAD TELANGANA – 500 004.
…PETITIONER
(BY SRI SUSHAL T IWARI N., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
CRL.P No. 2979 of 2020
7TH HOUSE, PRESTIGE SHANTINIKETHAN ITPL, WHITEFIELD MAIN ROAD BENGALURU, KARNATAKA – 560 048.
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1; SRI K.SRIHARI A.V., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME No.40/2017 DATED 28.01.2017 (ANNEXURE-A) AND COMPLAINT (ANNEXURE-B) IN C.C.NO.9459/2018 PENDING ON THE FILE OF I ADDL.C.J.M., BENGALURU RURAL.
THIS CRIMINAL PETITION 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.9459/2018, pending on the file of the 1st Additional Chief Judicial Magistrate, Bengaluru Rural, arising out of Crime No.40/2017, registered for the offences punishable under Sections 323, 324, 354 and 506 of the IPC.
CRL.P No. 2979 of 2020
Government Pleader for respondent No.1 Sri K. Srihari A.V., learned counsel for respondent No.2.
CRL.P No. 2979 of 2020
“MEMORANDUM OF SETTLEMENT
The Petitioner and the Respondent No.2 respectfully submits as follows:
1. The Petitioner and Respondent No.2 upon mutual discussion and intervention of well wishers, have negotiated and arrived at the settlement. The terms of the Settlement are recorded in the Irrevocable Memorandum of Undertaking for Settlement Petitions/Compromise dated 23.03.2022. The said Memorandum of Settlement dated 23.03.2022 is produced herewith as Document No.1
2. It is submitted the based on the said Memorandum of Settlement dated 23.03.2022, Petitioner and Respondent No.2 agreed to file a joint memo in the instant proceedings to quash the entire proceedings in CC NO 9459/2018.
3. Based on the said understanding as recorded in the Settlement Petitions dated 23.03.2022, the Petitioner and Respondent No.2 jointly pray that the instant petition may be allowed and quash the entire proceedings in CC No. 9459/2018 pending on the file of 1st Additional Chief Judicial Magistrate, Bengaluru Rural.”
CRL.P No. 2979 of 2020
The irrevocable memorandum of undertaking for
settlement petitions/compromise, reads as follows:
“xxxxxxxxxxx
WHEREAS the Parties of both the First and Second Parts at the intervention and advise of their friends and well-wishers have amicably agreed and settle the above issues and cases pending in the courts of Bangalore and Hyderabad once for all absolutely and permanently, irrespective of their claims, contentions, allegations, and objections each other. Accordingly, the parties of both First and Second Parts have come forward on the fallowing mutual and amicable settlement on the agreed terms and conditions:
A. That the Parties of the Second Part has agreed and accepted to pay a sum of Rs.20,00,000/- (Twenty Lalchs only) by way of Demand Draft to the Parties of the First Part, towards full and final settlement for the legally enforceable debt/liability under the above said cheque bounce cases bearing CC No.271 of 2017, CC No. 317 of 2017, CC No.272 of 2017 and CC No.545 of 2018 filed by the Parties of the First Part relating to aforesaid three criminal appeals preferred by the Parties of the Second Part bearing CRL.A NO.534 OF 2019, CRL.A. 535 OF 2019 AND CRL.A. 536 OF 2019 pending before the court of the 11 Additional Metropolitan Sessions Judge at Nampally, Hyderabad and CC No. 272 of 2017 which is acquitted. The Parties of the First Part has also agreed and accepted to receive the said amount of
CRL.P No. 2979 of 2020
Rs.20,00,000/- (Rupees twenty lakhs only) by way of Demand Drafts towards the full and final settlement of the above said cheque bounce case and now hereby assured, promised, and undertaken to withdraw the complainant and compound the cases once for all on receipt of the above said payment of Rs.20.00 Lakhs. Further the parties of the First Part shall also not prefer any appeal against the dismissal/acquittal of the complaint in CC 272 of 2017 against the parties of the Second Part in future.
The Details of the Demand Draft for the payment of Rs.20.00 Lakhs are mentioned below:
The above Demand Drafts worth Rs.20.00 lakhs shall be handed over to the First Party in the Court in presence of the Learned Judge in Hyderabad.
CRL.P No. 2979 of 2020
respect of the above said all cases. The Parties who have filed the cases shall withdraw their cases at their cost before concerned court unconditionally against the other parties without expecting any additional amounts except the above said amount of Rs.20.00 Lakhs from the Parties of the Second Part to the Parties of the First Part.
CRL.P No. 2979 of 2020
E) That by entering into this agreement both parties have agreed and accepted that in the first instance and firstly the Case bearing Criminal Petition No.2979/2020 pending in the High Court of Karnataka will be quashed by co-operation of the Second Party as first and foremost, absolutely and permanently. Later after completion of the withdrawal of the Bangalore Cases, in the second instance lastly, all the Appeals bearing Nos.CRL.A. No.534 of 2019, CRL.A.No.535 OF 2019 AND CRL.A.No.536 of 2019 of the Hon'ble II AMSJ, Nampally, Hyderabad shall be not pressed by the Parties of the First Part or the said Appeals are settled before the Lok Adalat, as the matter is settled by receiving Rs. 20.00 Lakhs by the Parties of the First part from the Parties of the Second Part and the cases at Bangalore against the Parties of the First Part are compounded / settled absolutely and permanently. It is the bounden duty of the Parties of First Part to receive the full and final settlement of Rs.20.00 lakhs and not press the above said three appeals permanently and absolutely or see that the above appeals are settled permanently and absolutely before the court at Hyderabad.
CRL.P No. 2979 of 2020
months of settling the Bangalore case to receive the amount of Rs.20.00 lakhs (Twenty Lakh Only) and not press the said three Appeals bearing Nos. CRLA. No.534 OF 2019, CRLA No.535 OF 2019 AND CRLA No.536 of 2019 of II AMS3, Nampally, Hyderabad and not settling before the LOKADALAT/COURT, it amounts to cheating and the parties of the Second Part shall take necessary steps for the cheating of the parties of the First Part
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day, month and year, hereto have executed this first herein above mentioned.”
CRL.P No. 2979 of 2020
Though the alleged offences are punishable under Sections 323, 324, 354 and 506, finding no substance both in the complaint or in the charge sheet and in the backdrop of plethora of cases pending against each other, which are now settled among themselves, I deem it appropriate to accept the settlement and terminate the proceedings pending against the petitioner in C.C.No.9459/2018.
ORDER
NVJ
Sd/JUDGE
1 issue framed by the court
Whether the proceedings in C.C.No.9459/2018 should be quashed in light of the mutual settlement between the parties.
1 provisions across 1 enactments
SUNIL KUMAR AHUJA S/O LATE K.N.AHUJA
STATE OF KARNATAKA
SMT.MANSI GUPTA W/O KAPIL DUA
M. NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
