Criminal petition filed to quash an FIR alleging forgery in execution of a mortgage deed was decided. The court found an amicable settlement and granted the petition.
FIR in Crime No. 58/2017, insofar it relates to petitioners/accused Nos. 2 and 3, is hereby quashed. Pending pleas do not survive.
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. 3102 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3102 OF 2017
BETWEEN:
Digitally signed by GAYATHRI P G Location: High Court of Karnataka
…PETITIONERS
(BY SRI. VENKATESH S ARBATTI, ADVOCATE)
AND:
CRL.P No. 3102 of 2017
OLUXO RESIDENTIAL APARTMENT, LANE BEARING NO.76, OLD NO.43, 18TH MAIN, RAJA ANNAMALIPURAM, CHENNAI-600 028.
…RESPONDENTS
(BY SRI.VINAYAKA V.S., HCGP FOR R-1; SMT.MEDHA HEGDE, ADVOCATE FOR R-2)
CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.58/2017 ON THE FILE OF THE XLIII ACMM, MAYO HALL UNIT, BANGALORE ON A FIR FILED BY THE RESPONDENT AGAINST THE PETITIONER FOR AN ALLEGED OFFENCE U/S 420, 504 OF IPC REGISTERED BY RESPONDENT NO.1 IN RELATION TO THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The F.I.R. registered for the offences under Section 420 and 504 of IPC alleging that petitioners/accused Nos.2 and 3 conniving with accused No.1 have executed a mortgage deed based on a General Power of attorney by forging the signature of respondent No.2.
submits that parties have amicably settled the dispute among themselves, and respondent No.2 has no objection to quash the impugned F.I.R.
CRL.P No. 3102 of 2017
parties, it would be a futile exercise, if the petitioners/accused are subjected to investigation, since, the probability of Police filing the charge sheet is unlikely, in view of the settlement.
Accordingly, I pass the following:
ORDER
XLIII Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, insofar it relates to petitioners/accused Nos.2 and 3 is hereby quashed.
Pending I.As., if any, do not survive for consideration in
view of the disposal of the main matter.
Sd/JUDGE
GPG
1 issue framed by the court
Whether an FIR under Sections 420 and 504 of the IPC involving forgery of a General Power of Attorney can be quashed in view of an amicable settlement between the parties.
1 provisions across 1 enactments
Religere Finvest Limited
State of Karnataka
Nilofer Ebrahim
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
