Allowed

Naval Kishore Maloo v. State of Karnataka

Karnataka HC22 Sept 2023CRL.P/3366/2023

Case brief

AI extract

What is this about?

Criminal petition under Section 482 CrPC to quash an FIR alleging criminal conspiracy, cheating, and criminal breach of trust. The court quashed the FIR due to a settlement where the petitioners paid the complainant and the dispute was amicably resolved, making further investigation a futile exercise and an abuse of process.

What did the court decide?

The Criminal Petition is allowed and the impugned FIR in Crime No.59/2023 is hereby quashed.

Naval Kishore Maloo Vs State of Karnataka — Contract and Commercial Disputes | Karnataka HC (2023)

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1 - NC: 2023:KHC:34823 CRL.P No. 3366 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 3366 OF 2023

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BETWEEN:

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NAVAL KISHORE MALOO S/O. SATUAMARAYAN MALOO AGED ABOUT 37 YEARS R/AT. 314, ARJUN AURA APTS. BELIKAHALLI, B.G. ROAD BENGALURU-560 076.

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MAHESH KUMAR S/O. SATYAMARAYAN MALOO AGED ABOUT 37 YEARS R/AT. 314, ARJUN AURA APTS. BELIKAHALLI, B.G. ROAD BENGALURU-560 076.

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…PETITIONERS

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(BY SRI. ALWYN SEBASTIAN.,ADVOCATE)

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AND:

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

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STATE OF KARNATAKA BY BANASHANKARI POLICE STATION BENGALURU, REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE 560 001.

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SRI.PAWAN KUMAR ATAL S/O. BIJAY KUMAR ATAL, AGED ABOUT 39 YEARS, NO. A-2503, CLUB MEADOWS HOUSE OF HIRANANDANI AKSHAY NAGAR, HULIMAVU BEGUR MAIN ROAD, BENGALURU-560 068.

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COMPLAINANT ADDRESS AS PER THE FIR NO.2511, SRINIVAS NILAY

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2 - NC: 2023:KHC:34823 CRL.P No. 3366 of 2023

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17TH MAIN, 26TH CROSS, BSK 2ND STAGE, BANGALORE-560 070.

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…RESPONDENTS

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(BY SRI. M R PATIL, HCGP FOR R-1; SMT. BHARATI PATIL, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.59/2023 OF BANASHANKARI P.S., FOR THE OFFENCE P/U/S 120B, 406, 420 R/W 34 OF IPC PENDING ON THE FILE OF THE IV A.C.M.M, BENGALURU.

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

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ORDER

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Petitioners-accused Nos.1 and 2 are sought to be prosecuted for the offences punishable under Sections 120B, 406, 420, r/w 34B of IPC., alleging that, 2^nd respondentinformant is one of the partner in M/s Imperial Marbles and Granites, and petitioners-accused No.1 and 2 who are the partners of the firm, misappropriated the funds of the partnership firm with an intention to defraud the 2^nd respondent –informant.

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The parties are present before this Court and they have filed joint memorandum of compromise stating that, they have amicably resolved the dispute among themselves, and in terms of the settlement, the petitioners have agreed to pay a sum of Rs.10,75,000/- towards the full and final claim of the 2^nd respondent-informant who is present before this Court has stated that he has no objections for quashing the impugned the FIR in view of the settlement.

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NC: 2023:KHC:34823 CRL.P No. 3366 of 2023

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The Complainant affidavit and the joint memorandum of compromise are placed on record.

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The petitioners-accused have handed over a demand draft for a sum of Rs.10,75,000/to the 2^nd respondent-informant which is duly acknowledged by the 2^nd respondent subject to realization.

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The petitioners-accused who are present before this Court have acknowledged the receipt of delivery of 12 post-dated cheques issued by the 1^st petitioner herein.

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Though the offences alleged against the petitioners are cognizable and non-compoundable, however, having regard to the fact that, the parties have amicably resolved the dispute among themselves, and the 2^nd respondent-informant having no objection for quashing the impugned FIR, it would be a futile exercise, if the petitioners-accused are subjected to investigation, since the probability of the Police filing the charge sheet is remote and bleak, in view of the settlement. Therefore, the continuation of the investigation will be an abuse of process of law.

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Accordingly, I pass the following:

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ORDER

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i) The Criminal Petition is allowed;

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ii) The impugned FIR in Crime No.59/2023, registered by the Banashankari Police Station, pending on the

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4 - NC: 2023:KHC:34823 CRL.P No. 3366 of 2023

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file of the IV Additional Chief Metropolitan Magistrate at Bangalore is hereby quashed.

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In view of disposal of the main petition, pending I.A.No.1/2023, does not survive for consideration and stands disposed of.

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Sd/JUDGE

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Naval Kishore Maloo v. State of Karnataka

Case brief

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Naval Kishore Maloo v. State of Karnataka

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