Allowed

M/S Krishna E Campus Private Limited v. State of Karnataka

Karnataka HC1 Jun 2023CRL.P/130/2023

Case brief

AI extract

What is this about?

In a Criminal Petition filed under Section 482 CrPC, the High Court of Karnataka, upon receiving a joint affidavit detailing an out-of-court settlement between the petitioner company and the second respondent (accused) involving a sale deed for a flat, quashed the FIR in Crime No.283 of 2022 for offences under Sections 406 and 420 IPC.

What did the court decide?

The FIR in Crime No.283 of 2022 registered at Bellanduru Police Station, Bangalore for offences under Sections 406 and 420 of the Indian Penal Code is quashed.

M/S Krishna E Campus Private Limited Vs State of… — Property and Title | Karnataka HC (2023)

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CRL.P No.130 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.130 OF 2023

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BETWEEN:

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M/S KRISHNA E CAMPUS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NIRMAL NO 344 RMV 2^ND STAGE 2^ND BLOCK 1^ST CROSS BENGALURU 560094 REP BY ITS DIRECTOR SRI RAMESH SHYAM BULCHANDANI

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…PETITIONER

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(BY SRI. RAGHAVENDRA K., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY THE STATION HOUSE OFFICER BELLANDUR POLICE STATION BENGALURU REP BY SPP HIGH COURT OF KARNATAKA VIDHANA VEEDHI BENGALURU 560001

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SRI BIRENDRA RAY AGED ABOUT 56 YEARS S/O SHEO GOVIND RAY CAPACITE INFRAPROJECTS LIMITED SRIKANTH CHAMBERS

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CRL.P No.130 of 2023

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6TH FLOOR SION BOMBAY ROAD CHEMBUR, MUMBAI MAHARASHTRA 400071

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…RESPONDENTS

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(BY SMT. YASHODHA K.P., HCGP FOR R1; SMT. SINDHU H.M., ADVOCATE FOR R2)

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THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.283/2022 REGISTERED AT BELLANDURU POLICE STATION, BANGALORE FOR THE OFFENCES THAT ARE MADE PENAL U/S 406,420 OF IPC PENDING ON THE FILE OF THE III ACMM, BANGALORE; AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Learned counsel Smt. Sindhu H.M., submits that she would enter appearance for the respondent No.2.

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The petitioner-Company is before this Court calling in question the registration of crime in Crime No.283 of 2022 for the offences punishable under Section 406 and 420 of the Indian Penal Code. During the pendency of these proceedings, the petitioners have resolved the dispute by drawing up certain conditions of such resolution and have filed a joint affidavit before this Court seeking closure of the proceedings. The joint affidavit reads as under:

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CRL.P No.130 of 2023

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” The petitioner and the second respondent humbly pray that this Hon'ble Court be pleased to read and record this Joint Affidavit and allow the above Criminal Petition as the parties have amicably settled their disputes out of Court, on certain terms and conditions:

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1. At the intervention of their elders, well-wishers and family members, both the petitioner and the second respondent have amicably settled their disputes out of Court.

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2. The petitioner hereby undertakes to execute a registered Sale Deed in respect of Flat No.510, situate on the Tenth Floor of the I Phase in favour of the second respondent in the project names "lapalazzo Residences" situate at Sy.No.46/1, 47/1, and 48/1 all are situated at Ambalipura Village, Varthur Hobli, Bengaluru South Taluk, Bengaluru.

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3. The second respondent has no objection for this Hon'ble Court to allow the Criminal Petition and to quash the impugned First Information Report and Crime No.283/2022 registerd at Bellandur Police Station, Bengaluru.

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Under the circumstances stated above, both the petitioner and the second respondent above named, humbly pray that this Hon'ble Court be pleased to read and record this Joint Affidavit and to allow the above Criminal Petition, in the ends of justice. "

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CRL.P No.130 of 2023

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In the light of the offences being the ones punishable under Sections 406 and 420 of the Indian Penal Code, I deem it appropriate to accept the settlement arrived at between the parties and terminate the proceedings quay the petitioner. For the aforesaid reasons, the following:

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O R D E R

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Petition disposed of;

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FIR in Crime No.283 of 202 registered at Bellanduru Police Station, Bangalore for the offences punishable under Sections 406 and 420 of Indian Penal Code is quashed.

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Sd/JUDGE

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LNN List No.: 1 Sl No.: 33

M/S Krishna E Campus Private Limited v. State of Karnataka

Case brief

What is this about?

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M/S Krishna E Campus Private Limited v. State of Karnataka

Case brief

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