The High Court of Karnataka allowed a criminal petition filed under Section 482 CrPC to quash proceedings under the IPC arising from cheque bounce and forgery allegations. The court quashed the proceedings based on an amicable settlement and payment made by the petitioner.
Impugned proceedings in C.C.No.20426/2012 were 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.5173 OF 2019
BETWEEN :
M. KRISHNA S/O LATE MUNIVENKATAPPA AGED ABOUT 69 YEARS R/AT NO.263, 15TH MAIN 6TH A CROSS,RMV EXTN SADASHIVANAGAR BANGALORE - 560 080
...PETITIONER
(BY SRI.KIRAN S.JAVALI, SENIOR ADVOCATE FOR SRI.PRASANNA KUMAR S., ADVOCATE)
AND :
(BY SRI. ROHIT B.J., HCGP FOR R1; SRI. ACHAPPA P.B., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
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PROCEEDINGS IN C.C.NO.20426/2012 PUNISHABLE UNDER SECTIONS 423, 465, 418, 420, 120B, 201, 471, 417, 467, 468, 477, 506, 463, 464, 34 OF IPC ON THE FILE OF THE COURT OF THE 6TH ACMM AT BENGALURU INSOFAR AS ACCUSED NO.1.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the proceedings in C.C.No.20426/2012 pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 465, 418, 420, 120B, 201, 471, 417, 467, 468, 477, 506, 463, 464 and 34 of IPC.
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petitioner towards full and final settlement of the claim amount.
ORDER
In view of the settlement arrived between the
parties, parties shall file necessary application before the Court concerned in the pending proceedings to close
the matters.
Sd/-
JUDGE
pgg
1 issue framed by the court
Whether criminal proceedings under IPC Sections 423, 465, 418 etc. should be quashed in light of an amicable settlement between parties.
2 provisions across 2 enactments
M. Krishna
State of Karnataka
Brig. Subash Chandra Sharma
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
