This court quashed criminal proceedings under Sections 120B, 379, 384, and 420 of the IPC after parties submitted a memorandum of settlement resolving their civil dispute, noting allegations were not against the state.
The proceedings in C.C.No.11502/2017 stand quashed.
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NC: 2023:KHC:40331 CRL.P No. 11266 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11266 OF 2023
BETWEEN:
BOTH ARE R/AT 408(A) 24TH CROSS, 18TH MAIN H.S.R. LAYOUT, 3RD SECTOR BENGALURU – 560 102.
…PETITIONERS
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI LAKSHMIKANTH K., ADVOCATE AND SRI PRATHAP KUMAR M.S., ADVOCATE)
AND:
NC: 2023:KHC:40331 CRL.P No. 11266 of 2023
R/AT FLAT NO.227, MAHAVEER SEASONS, 1ST FLOOR, H.S.R.LAYOUT BENGALURU – 560 102.
…RESPONDENTS
(BY SRI ANSHUMAN A., ADVOCATE FOR R1; MS. NAVYA SHEKHAR, AGA FOR R1)
THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN THEIR CR.NO.739/2014 IN C.C.NO.11502/2017 ON THE FILE OF THE 37th ADDITIONAL C.M.M. AT BENGLAURU BY THE 1ST RESPONDENT HSR LAYOUT POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCE P/U/S 120-B, 379, 384, 420 OF IPC.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking quashment of the proceedings in C.C.No.11502/2017, pending before the 37th ACMM, Bengaluru, arising out of Crime No.739/2014, registered for the offences under Sections 120B, 379, 384 and 420 of the IPC.
NC: 2023:KHC:40331 CRL.P No. 11266 of 2023
before this Court in Crl.R.P.No.1040/2022. The conditions of
the settlement also recognizes the present proceedings.
“MEMORANDUM OF SETTLEMENT
1. The parties herein state that there is an Ex. P. No. 3848/2019 pending against the respondent herein before City Civil Court, Bengaluru, CCH-02, claiming an amount of Rs. 22,20,445/- (Rupees Twenty Two Lakhs Twenty Thousand Four Hundred and Forty Five Only) which is arising out of O.S. No. 4770/2014 decreed on 01.04.2019 by the Hon'ble City Civil Court, Bengaluru, CCH-02 filed by the Mr. Mohan Kumar. The petitioner herein has paid a sum of Rs. 8,00,000/- (Rupees Eight Lakhs Only) to the said Mr. Mohan Kumar on behalf of the respondent herein.
2. In view of the above settlement, the respondent has no objection to allow the above petition by acquitting the petitioner and setting aside the judgment of conviction in C.C. No. 52521/2014 and Crl. A. No. 25176/2017 and as such both the parties state that there are no further claims of any nature against each other either past, present or future.
3. The respondent submits that he has no objection for refund of the deposit amount of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand Only) before the Trail Court in C.C. No. 52521/2014 in favour of the petitioner / accused herein.
4. The petitioner herein undertakes to co-operate with the respondent in the procedure in acquittal of the accused in C.C. No. 11502/2017 pending before the 37th ACMM, Bengaluru which is the subject matter of the proceedings under Section 482 of Cr.P.C. in Crl. P. (F.R.) No. 10012/2022 pending the Hon'ble High Court of Karnataka, Bengaluru..
NC: 2023:KHC:40331 CRL.P No. 11266 of 2023
5. Both the parties, on their own free will and volition and without any coercion or undue influence have resolved all their disputes amicably.”
In the light of the afore-extracted memorandum of settlement, I deem it appropriate to obliterate the proceedings initiated against the petitioners, as the allegations are not against the State.
ORDER
Sd/JUDGE
NVJ List No.: 2 Sl No.: 7 CT:SS
1 issue framed by the court
Whether criminal proceedings should be quashed in light of an extrajudicial settlement between the parties.
1 provisions across 1 enactments
Pradeep Kumar S/O Ramamurthy
Muralidhara S/O Ramamurthy
State of Karnataka
K.N.Nagesh
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
