Allowed

Sri.Krishnaprasad.v v. State of Karnataka

Karnataka HC20 Nov 2023CRL.P/4612/2023

Case brief

AI extract

What is this about?

The Karnataka High Court allowed five writ petitions filed under Section 482 CrPC. The court quashed the impugned proceedings in multiple criminal cases involving the petitioners and respondents following the execution of a joint settlement memo where both parties agreed to withdraw cases conditionally.

What did the court decide?

The impugned prosecutions in C.C. Nos. 13208/2021, 7250/2020, PCR No.3490/2020, C.C. No.22482/2019, and C.C. No.215/2023 were quashed.

Sri.Krishnaprasad.v Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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CRIMINAL PETITION NO. 4612 OF 2023 C/W

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CRIMINAL PETITION NO. 5229 OF 2020, CRIMINAL PETITION NO. 5999 OF 2020, CRIMINAL PETITION NO. 1653 OF 2023, CRIMINAL PETITION NO. 7028 OF 2023

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IN CRL.P.NO.4612/2023:

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BETWEEN:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. KRISHNAPRASAD.V S/O LATE SRI. VASUDEVARAO KRISHNARAO, AGED ABOUT 54 YEARS, RESIDING AT FLAT BEARING NO.1002, TOWER-1, 10^TH FLOOR, G.M. INFINITE SILVER SPRING FIELD APARTMENT, SITUATED AT JODI MALLASANDRA VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 067

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AND ALSO AT NO.27/A, MIG RAW HOUSE, CIRCULAR ROAD, C-4, NANDINI LAYOUT, BENGALURU – 96 (BY SRI. CHANDRA KUMAR R., ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA BY S.H.O OF HALASOORU GATE POLICE STATION, BENGALURU REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR,

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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HIGH COURT BUILDINGS, BENGALURU-560 001

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SRI. G. KARUNAKARAN S/O GOPAL N., AGED ABOUT 43 YEARS, WORKING AT G.K. ASSOCIATES, BASEMENT CHAMBER, NO.34, 1^ST MAIN ROAD, SYNDICATE BANK BUILDING, SESHADRIPURAM, BENGALURU-560020

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ALSO AT NO.240, 1^ST MAIN ROAD, 3^RD CROSS, 3^RD STAGE, WEST OF CHORD ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU-560010.

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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RESPONDENT NO.2 – MR.G. KARUNAKARAN, PARTY-IN-PERSON)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13208/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 504, 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 WHICH ARRIVED OUT OF CRIME NO.131/2020 REGISTERED BY THE RESPONDENT NO.1 POLICE AGAINST THE PETITIONER ON THE COMPLAINT OF THE RESPONDENT NO.2 WHICH IS PENDING ON THE FILE OF THE IST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU WHICH IS FOUND AT ANNEXURES A, B, C AND D RESPECTIVELY.

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3 - NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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IN CRL.P.NO.5229/2020:

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BETWEEN:

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SRI.VIGNESH G @ KARUNAKARAN G S/O GOPAL, AGED ABOUT 40 YEARS, RESIDENT OF NO.240, 3^RD CROSS, 1^ST MAIN ROAD, WEST OF CHORD ROAD, MANJUNATHA NAGAR, BENGALURU.

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SMT. R. VEENA ASHWATHANARAYAN W/O. ASHWATHANARAYANA, AGED ABOUT 39 YEARS, RESIDENT OF NO. 145, NTI LAYOUT, 1^ST PHASE, RAJEEV GANDHI NAGAR, KODIGEHALLI, BENGALURU-560092. ALSO ADDRESS AT NO. 638, 2^ND FLOOR, D BLOCK, 2^ND STAGE, RAJAJINAGAR, BENGALURU-10

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KEERTHAN RAI NO.118, 1^ST FLOOR, 6^TH CROSS, 10^TH MAIN ROAD, 023 STAGE, INDRANAGAR, BANGALORE.

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…PETITIONERS

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(BY SRI. VIGNESH G. @ KARUNAKARAN G., PETITIONER NO.1, PARTY-IN-PERSON;

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SRI. M.N.PRABHAKARA, ADVOCATE FOR PETITIONER NOS.2 AND 3)

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AND:

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STATE OF KARNATAKA REPRESENTED BY

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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NANDINI LAYOUT POLICE STATION, BENGALURU REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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SRI. V. KRISHNA PRASAD S/O. VASUDEVA RAO, AGED ABOUT 53 YEARS, RESIDENT OF NO.MR NO.27A, IGI ROW HOUSE, C4, CIRCULAR ROAD NEW PRESIDENCY SCHOOL, NANDINI LAYOUT, BG.-96.

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…RESPONDENTS

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE CMM COURT, AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363 AND 384 OF IPC AND SECTION 4 OF THE KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT, 2004 AND UNDER SECTION 38 OF THE KARNATAKA MONEY LENDERS ACT, 1961 IN C.C.NO.7250/2020 AND CONSEQUENTLY QUASH THE CHARGE SHEET FILED IN THE CASE IN SO FAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS CRL.P.

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IN CRL.P.NO.5999/2020:

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BETWEEN:

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SRI .VIGNESH @ KARUNAKARAN G S/O GOPAL, AGED ABOUT 39 YEARS, RESIDENT OF NO.240, 3^RD CROSS, 1^ST MAIN ROAD, WEST OF CHORD ROAD, MANJUNATHA NAGAR, BENGALURU-560010.

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5 - NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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SMT. R. VEENA ASHWATHANARAYAN W/O. ASHWATHANARAYANA, AGED ABOUT 38 YEARS, RESIDENT OF NO. 145, NTI LAYOUT, 1^ST PHASE, RAJEEV GANDHI NAGAR, KODIGEHALLI, BENGALURU-560092. ALSO ADDRESS AT NO. 638, 2^ND FLOOR, D BLOCK, 2^ND STAGE, RAJAJINAGAR, BENGALURU-560010

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…PETITIONERS

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(BY SRI. VIGNESH @ KARUNAKARAN G., PETITIONER NO.1 (PARTYIN-PERSON);

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SRI. M.N.PRABAHAKARA, ADVOCATE FOR PETITIONER NO.2)

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AND:

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STATE OF KARNATAKA REPRESENTED BY NANDINI LAYOUT POLICE STATION, BENGALURU REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001

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SRI. KRISHNA PRASAD V., S/O VASUDEVA RAO, KRISHNA RAO, AGED ABOUT 53 YEARS, RESIDING AT NO.MR NO.27A, MIG ROW HOUSE, C-4, CIRCULAR ROAD, NEW PRESIDENCY SCHOOL, NANDINI LAYOUT, BANGALORE-560096

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SMT. SHARVANI PRASDA W/O KRISHNAPRASAD V, AGED ABOUT 48 YEARS, RESIDING AT NO. MR NO.27A,

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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MIG ROW HOUSE, C-4, CIRCULAR ROAD, NEW PRESIDENCY SCHOOL, NANDINI LAYOUT, BANGALORE-560096

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…RESPONDENTS (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SRI. R. CHANDRAKUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.03.2020 AND QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF C.M.M. COURT, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 463, 464, 468, 469, 470 AND 471 READ WITH SECTION 34 OF IPC IN PCR NO.3490/2020 (CR.NO.100/2020) IN THE CASE IN SO FAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS CRL.P.

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IN CRL.P.NO.1653/2023:

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BETWEEN:

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SRI. KRISHNAPRASAD. V S/O. LATE SRI. VASUDEVARAO KRISHNARAO, AGED ABOUT 54 YEARS, RESIDING AT FLAT BEARING NO.1002, TOWER-1, 10^TH FLOOR, G.M. INFINITE SILVER SPRING FIELD APARTMENT, SITUATED AT JODI MALLASANDRA VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 067.

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ALSO AT NO.MR-27/A, MIG ROW HOUSE, C-4, CIRCULAR ROAD, NEAR PRESIDENCY SCHOOL,

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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NANDINI LAYOUT, BENGALURU-96. (BY SRI. CHANDRA KUMAR R., ADVOCATE)

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…PETITIONER

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AND:

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G. KARUNAKARAN @ SRI. VIGNESH S/O. M. GOPAL, AGED ABOUT 42 YEARS, RESIDING AT NO. 240, 1^ST MAIN ROAD, 3^RD CROSS, 3^RD STAGE, WEST OF CHORD ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU-560 010.

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ALSO AT NO. 240, 1^ST MAIN ROAD, 3^RD CROSS, 3^RD STAGE, WEST OF CHORD ROAD, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU-560 010.

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…RESPONDENT

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.22482/2019 WHICH ARRIVED OUT OF PCR NO.11519/2019 FILED BY THE RESPONDENT AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881 WHICH IS PENDING ON THE FILE OF THE XV ADDITIONAL CHIEF METORPOLITAN MAGISTRATE (XVth ACMM) AT BENGALURU WHICH IS FOUND AT ANNEXURE A.

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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IN CRL.P. NO.7028/2023:

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BETWEEN:

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SRI. KRISHNAPRASAD. V S/O LATE SRI VASUDEVARAO KRISHNARAO, AGED ABOUT 54 YEARS,

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SMT. SHARVANI PRASAD W/O KRISHNAPRASAD V, AGED ABOUT 49 YEARS,

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BOTH ARE RESIDING AT FLAT BEARING NO.1002, TOWER 1, 10^TH FLOOR, GM INFINITE SILVER SPRING FIELD APARTMENT, SITUATED AT JODI MALLASANDRA VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560067 ALSO AT NO.MR 27/A, C-4, MIG SALU ROAD, CIRCULAR ROAD, NEAR PRESIDENCY SCHOOL, NANDINI LAYOUT, BENGALURU 560096

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…PETITIONERS

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(BY SRI. CHANDRA KUMAR R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY S.H.O OF MANDYA RURAL POLICE STATION, MANDYA REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001.

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SRI. G. KARUNAKARAN S/O M. GOPAL AGED ABOUT 42 YEARS, PRESENT ADDRESS MR NO.178, 93, PROPERTY NO.205 I, SITE NO 6, PROPERTY NO.152100408500301165, AS PER GRAM PANCHAYAT RECORDS SITE NO.956/205 I, RAGIMUDAYANAHALLI,

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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GUEST HOSE LIST NO 205, VEDIKNAGAR, TUBINAKERAY GRAMA, MANDYA DISTRICT, MANDYA-571401

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PRESENT WORKING AT G.K. ASSOCIATES, BASEMENT CHAMBER, NO.34, 1^ST MAIN ROAD, SYNDICATE BANK BUILDING, SESHADRIPURAM, BENGALURU 560020

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.215/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF THE INDIAN PENAL CODE, 1860 WHICH IS ARRIVED OUT OF CR.NO.175/2022 WHICH ARRIVED OUT OF PRIVATE COMPLAINT i.e PCR.NO.58/2022 FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS, WHICH IS PENDING ON THE FILE OF THE JUDICIAL MAGISTRATE FIRST CLASS, AT MANDYA WHICH ARE FOUND AT ANNEUXRES A, B AND C RESPECTIVELY.

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

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ORDER

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The accused No.1 in C.C. No.13208/2021 pending

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trial before the I Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC') has filed Crl. P.

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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No.4612/2023 seeking to quash the proceedings in C.C.

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No.13208/2021.

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The accused Nos.1 to 3 in C.C. No.7250/2020

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pending trial before the Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 363 and 384 of IPC and Section 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Section 38 of the Karnataka Money Lenders Act, 1961 have filed Crl. P. No.5229/2020 seeking to quash the proceedings in C.C. No.7250/2020.

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The accused Nos.1 and 2 in PCR No.3490/2020 pending trial before the Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 463, 464, 468, 469, 470, 471 read with Section 120B of the Indian Penal Code, 1860 have filed Crl. P. No.5999/2020 seeking to quash the order dated 13.03.2020 and the proceedings in PCR No.3490/2020.

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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The accused in C.C. No.22482/2019 pending trial before the XV Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, has filed Crl.P. No.1653/2023 seeking to quash the entire proceedings in C.C. No.22482/2019.

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The accused Nos.1 and 2 in C.C. No.215/2023 pending trial before the Judicial Magistrate First Class, Mandya, for the offence punishable under Section 420 of the Indian Penal Code, 1860 have filed Crl. P. No.7028/2023 seeking to quash the proceedings in C.C. No.215/2023.

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The petitioner No.1 and respondent No.2 in Crl.P. No.5229/2020 have filed a joint memo on 18.11.2023 and they had admitted execution of the said joint memo, which reads as follows:

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“JOINT MEMO

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The Petitioner No.1 and Respondent No.2 above named submits as follows:-

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1. It is submitted that, the Respondent No.2 herein has lodged Complaint Against the Petitioners herein before the Nandhinilayout Police Station, then Case Regd. in Crime No.253/2019 for the offences under Section 38 of Karnataka Money Lenders Act, under Section 4 of the Karnataka Prevention of Charging Exorbitant interest Act, and under Section 363, 384, of Indian Penal Code and Police filed Charge Sheet, then Case registered in C.C.No.7250/2020 which is pending on the file of C.M.M. at Bengaluru.

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2. Similarly, the Respondent No.2 herein and his wife have filed Private Complaint against the Petitioner No.1 & 2 herein, in P.C.R. No.3490/2020 for the offences u/s 463, 464, 468, 469, 470, 471 г/w Sec. 120 (B) of Indian Penal Code, then matter referred to Nandhini Layout Police Station then Police Regd. a case in Crime No.100/2020 which is under investigation.

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3. It is submitted that the Petitioner No.1 herein has filed Private Complaint in C.C. No.22482/2019 before the 15^th A.C.M.M. at

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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Bengaluru for the offences u/s 138 of N.I. Act against the Respondent No.2 herein.

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4. Similarly, the Petitioner No.1 being G.P.A. Holder of Smt. Veena Ashwathnarayana, herein has filed Private Complaint in C.C. No. 27106/2019 before the 19^th A.C.M.M. at Bengaluru for the offences u/s 138 of N.I. Act against the Respondent No.2 herein.

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5. Similarly, the Petitioner No.1 has filed suit in O.S. No.1173/2020 before the City Civil Court at Bengaluru (CCH No.14) for the relief of bare injunction against the Respondent No.2 and his wife.

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6. Similarly, the Petitioner No.1 has filed suit in O.S. No.119/2022 before the Prl. Senior Civil Judge & C.J.M., at Mandya for the relief of specific performance of Agreement of Sale against the Respondent No.2 and his wife.

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7. Similarly, the Petitioner No.1 herein has lodged Complaint Against the Respondent No.2 herein and others, before the Halsoor Gate Police Station in Crime No.131/2020 and Police filed Charge Sheet Case registered in C.C. No.13208/2021 for the offences u/s 341, 323, 5404, 506 R/W Section 34 of

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IPC., which is pending on the file of 1^st A.C.M.M. at Bengaluru.

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8. Similarly, the Petitioner No.1 herein has filed Private Complaint against Respondent No.2 and his wife, in P.C.R. No.58/2022 for the offences u/s 23, 24, 25, 26, 405, 406 and 415 of IPC, then matter referred to Mandya Rural Police then Police Regd. a case in Crime No.175/2022 and filed "B" Report thereafter, learned Magistrate took cognizance and regd. case in C.C. No.215/2023 for the said offences.

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9. It is submitted that during the pendency of the above cases the Petitioner No.1 and Respondent No.2 at the intervention of elders, well wishers voluntarily have agreed to settle all the disputes and cases pending between both the parties unconditionally. However, on this day both the parties have agreed to withdraw their respective cases pending before different trial courts as referred to above unconditionally.

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Within three months and Original Sale Deed pertaining to Site No.6, situated at Ragimuddenahalli Village, Kottatti Hobli, Mandya Taluk, Mandya District was misplaced when it was under the custody of Petitioner No.1, if he traces the same he will handover to Respondent No.2 and similarly, the

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

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Petitioner No.1 has agreed to hand over Blank signed cheques of the Respondent No.2 herein of H.S.B.C., Bank, M.G.Road, Branch, Bangalore while withdrawing the respective cases before the trial courts to the respondent No.2 herein. Accordingly, both the parties on this day withdrawing their respective cases pending before this Hon'ble Court as referred to above.

¶132

Wherefore , the Petitioner No.1 and respondent No.2 humbly prays this Hon'ble Court be pleased to dispose off the above referred cases as settled out of court, to meet the ends of justice.”

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7. The cases were listed today to ensure

¶134

compliance of certain conditions in the joint memo, namely, returning of cheques by Sri. G. Karunakaran in favour of Sri Krishnaprasad V. Today, two undated cheques bearing Nos.835783 and 835784 drawn on HSBC, Bengaluru for a sum of Rs.3,00,000/- each with drawee column left blank are handed over by Sri G. Karunakaran to Sri Krishnaprasad V.

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16 - NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

¶136

Consequently, in view of the joint memo, all

¶137

these petitions are allowed.

¶138

(i) The impugned prosecution of the accused No.1 in C.C. No.13208/2021 pending trial before the I Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 504, 506 read with Section 34 of the

¶139

Indian Penal Code, 1860 is quashed.

¶140

(ii) The impugned prosecution of the

¶141

accused Nos.1 to 3 in C.C. No.7250/2020 pending trial before the Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 363 and 384 of the Indian Penal Code, 1860 and Section 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Section

¶142

17 -

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

¶144

38 of the Karnataka Money Lenders Act,

¶145

1961 is quashed.

¶146

(iii) The impugned prosecution of

¶147

accused Nos.1 and 2 in PCR No.3490/2020 pending trial before the Chief Metropolitan

¶148

Magistrate, Bengaluru, for the offences punishable under Sections 463, 464, 468, 469, 470, 471 read with Section 120B of the Indian Penal Code, 1860 is quashed.

¶149

(iv) The impugned prosecution of the

¶150

accused in C.C. No.22482/2019 pending trial before the XV Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is quashed.

¶151

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NC: 2023:KHC:41706 CRL.P No. 4612 of 2023 C/W CRL.P No. 5229 of 2020 CRL.P No. 5999 of 2020 CRL.P No. 1653 of 2023 CRL.P No. 7028 of 2023

¶153

(v) The impugned prosecution of the

¶154

accused Nos.1 and 2 in C.C. No.215/2023 pending trial before the Judicial Magistrate First Class, Mandya, for the offence punishable under Section 420 of the Indian Penal Code, 1860 is quashed.

¶155

Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 24

Sri.Krishnaprasad.v v. State of Karnataka

Case brief

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Sri.Krishnaprasad.v v. State of Karnataka

Case brief

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