Allowed

John Thariam Thaliath v. Vamshidhar Myneni

Karnataka HC19 Sept 2023CRL.P/5446/2023

Case brief

AI extract

What is this about?

High Court disposed of two criminal petitions filed under Section 482 CrPC seeking quashing of FIRs and investigation proceedings. The court granted relief based on a settlement agreement dated 13.09.2023 between the parties, quashing the involved criminal proceedings.

What did the court decide?

The impugned proceedings in PCR No.4512/2023 and Crime No.58/2023 and Crime No.273/2022 pending on the file of the VI Addl. Chief Metropolitan Magistrate at Bengaluru stands quashed.

John Thariam Thaliath Vs Vamshidhar Myneni — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 5446 OF 2023 C/W CRIMINAL PETITION NO. 3730 OF 2023

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IN CRL. P. NO. 5446 OF 2023:

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BETWEEN:

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JOHN THARIAM THALIATH S/O HORMISE THALIATH, AGED ABOUT 43 YEARS, RESIDING AT THALIATH HOUSE, FLORICAN ROAD, MALAPARAMBA POST, MALAPARAMBA, KOZHIKODE, KERALA-673009.

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

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ANKITH FATHEPURIA S/O ANUP FATHEPURIA, AGED ABOUT 32 YEARS, RESIDING AT BLOCK C4 FLAT 802, EMAMI CITY 2 JESSORE ROAD, EMAMI CITY, DUMDUM, KOLKATA, BENGAL-700028.

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(BY SMT. CHARITHA V. & SRI. CHINMAY J. MIRJI, ADVOCATE)

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… PETITIONERS

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AND:

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VAMSHIDHAR MYNENI

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S/O RAVINDRA PRASAD,

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AGED 41 YEARS, DIRECTOR/AUTHORIZED REPRESENTATIVE, UNITED GLOBAL CORPORATION LTD. OFFICE, AT. E-07, 7^TH FLOOR, 2^ND CROSS, JAIN SOLUS, JC ROAD, BANGALORE-27, R/AT NO 23, 37^TH CROSS, JAYANAGAR, 8^TH BLOCK, BENGALURU-560082.

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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STATE OF KARNATAKA, BY STATION HOUSE, OFFICER, SJ PARK, POLICE STATION, BANGALORE, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560001.

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… RESPONDENTS

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(BY SRI. S.G. BHAGAVAN AND S.B. SUMAN, ADVOCATES FOR R1; SMT. YASHODHA K.P. HCGP FOR R2)

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THIS CRL.P FILED U/S 482 CR.PC SEEKING TO QUASH ALL FURTHER INVESTIGATION ARISING OUT OF CR.NO.58/2023 OF S.J. PARK POLICE STATION, BANGALORE CITY FOR OFFENCES WHICH ARE PENAL U/S 143, 147, 420, 504, 506 AND 149 OF IPC AS AGAINST THE PETITIONERS HEREIN WHO ARE ARRAIGNED AS ACCUSED NOS.3 AND 4 PENDING ON THE FILE OF THE VI ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY, THE COPY OF THE FIR IS HEREIN ATTACHED AS DOCUMENT NO.2.

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IN CRL. P. NO. 3730 OF 2023:

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BETWEEN:

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M/S. UNITED GLOBAL CORPORATION LIMITED, OFFICE OF THE COMPANY IS SITUATED AT 7^TH FLOOR, E 07, SOLUS, J C ROAD BESIDE TOTAL GAS BUNK, NO.2, 1^ST A CROSS, BENGALURU, BENGALURU CITY, KARNATAKA-560027, R/BY ITS DIRECTOR, VAMSIDHAR MYNENI.

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… PETITIONER

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(BY SRI. S.G. BHAGAVAN AND S.B. SUMAN, ADVOCATES)

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AND:

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THE STATE BY INDIRANAGARA POLICE, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA,

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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HIGH COURT BUILDING, BENGALURU- 560001.

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M/S. ZETWERK MANUFACTURING BUSINESS PRIVATE LIMITED, NO.651, KIRAN ARCADE, 13^TH CROSS, 27^TH MAIN, 1^ST SECTOR, HSR LAYOUT, BANGALORE-560102.

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AS PER THE DEFACTO-COMPLAINANT ADDRESS SHOWN IN COMPLAINT M/S. ZETWERK MANUFACTURING BUSINESS PRIVATE LIMITED, CARE OF BHIVE WORKSPACES, NO.467/468, SITUATED ON SHRI. KRISHNA TEMPLE ROAD, INDIRANAGAR, 1^ST STAGE, BENGALURU, KARNATAKA-560038, R/BY ITS AUTHORIZED REPRESENTATIVE.

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… RESPONDENTS

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(BY SMT. YASHODHA K.P., HCGP FOR R1; SMT. CHARITHA V. & SRI. CHINMAY J. MIRJI, ADVOCATES FOR R2)

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THIS CRL.P FILED U/S.482 CR.P.C SEEKING TO QUASH THE ENTIRE FIR IN CRIME NO.273/2022 ON THE FILE OF THE HON’BLE 4^TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR AN OFFENCE PUNISHABLE UNDER SECTION SECTIONS 120B, 406, 420 R/W SEC. 34 OF IPC, IN CONNECTION WITH THE DEFACTOCOMPLAINANT OF ITS COMPLAINT DATED 17.12.2022, WHICH CAME BE TO REGISTERED BY THE FIRST RESPONDENT INDIRANAGARA POLICE WITHOUT PROPER ENQUIRY AND UNDERSTANDING OF THE COMPLAINT REGISTRATION OF THE FIR IS LIABLE TO BE QUIT/CANCELLED/QUASHED BY THIS HON’BLE COURT AS AGAINST THE PETITIONER AT ANNEXURE-A AND B.

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

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4 - NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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ORDER

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The petitioners are before this Court calling in

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question the following prayers:

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In Crl.P. No.5446/2023:

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(a) Reverse and set aside the order dated 24.05.2023 passed by the VI Addl. Chief Metropolitan Magistrate, Bangalore city in PCR No.4512/2023 on his file, passed in exercise of the powers clothed under Section 156(3) of the Code of Criminal Procedure herein attached as Document No.1.

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(b) Quash the First Information Report registered in Crime No.58/2023 of S J Park Police Station, Bangalore city for offences which are penal under Sections 143, 147, 420, 504, 506 & 149 of the Indian Penal Code as against the petitioners herein who are arraigned as Accused No.'s 3 & 4 pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bangalore city, the copy of same is herein attached as Document No.2.

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AND

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(c) Quash all further investigation arising out of Crime No.58/2023 of SJ Park Police Station, Bangalore city for offences which are penal under

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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Sections 143, 147, 420, 504, 506 & 149 of the Indian Penal Code as against the petitioners herein who are arraigned as Accused No.'s 3 & 4 pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bangalore city, the copy of the FIR is herein attached as Document No.2.

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AND/OR

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(d) Such other relief/s as this Hon'ble Court may deem fit, proper and necessary in the ends of justice.

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In Crl.P. No.5446/2023:

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a) Admit this Criminal Petition and quash the FIR in Crime No.273/2022 on the file of the Hon’ble 4^th Addl. Chief Metropolitan Magistrate at Bengaluru for an offence punishable under Sections 120B, 406, 420 r/w Section 34 of IPC, in connection with the defacto-complainant of its complaint dated 17.12.2022, which came be to registered by the first respondent Indiranagara Police without proper enquiry and understanding of the complaint registration of the fir is liable to be quit/cancelled/quashed by this Hon’ble Court as against the petitioner at Annexure-A and B. b) Grant such other or further relief/s as this Hon’ble Court may deem fit and proper in the

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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facts and circumstances of this case to the petitioners, including the cost of the proceedings, in the interest of justice.

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During the pendency of the petitions, the

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parties to the lis have entered into a settlement by drawing up a settlement agreement dated 13.09.2023 and have filed an affidavit with regard to the contents of the settlement agreement and in support of the application under Section 320 of Cr.P.C. seeking compounding of the offences. The contents of the agreement reads as follows:

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“JOINT AFFIDAVIT

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Mr. John Tharian Thaliath, son of Tharian Hormise Thaliath, aged about 42 years, Residing at No.1-A, Mittal Auriga, Krishnareddy Layout, Amarajyothy Layout, Domlur, Bengaluru-560 007

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AND

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Mr Vamsidhar Myneni, S/o Raveendra Prasad, Aged about 41 years, director of UNITED GLOBAL CORPORATION LIMITED, Having its registered office at, 7th Floor, E-07, SOLUS, JC Road beside Total Gas Bunk, No.2, 1st A Cross, Bangalore KA 560027

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7 - NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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1. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit.

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2. The averments made in the accompanying application from Paras 1 to 3 for reporting settlement and to quash the proceedings as sought for in the above petition against the Petitioners and all the persons arrayed as accused under Crime No.58/2023 in-view of the settlement arrived at between the parties, are true and correct to the best of our knowledge, information and belief.

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3. We both have decided to put an end to the proceedings in PCR No.4512/2023 and Crime No.58/2023 pending on the file of the Hon'ble VI Additional Chief Metropolitan Magistrate at Bangalore for offences Sections 143, 147, 420, 504, 506 & 149 of IPC, in view of the signing and executing a stamped Settlement Agreement' bearing stamp paper bearing no. IN-KA39078912948058V dated 13.08.2023 along with Mr. Vamsidhar Myneni, Mr. Bhargav Myneni, Mr. Yarlagadda Pitcheswara Rao. Mr. Sashidhar Yarlagadda, Sri Srinivasa Constructions India Private Limited, Apple Engineers India Private Limited, VRR Investments Private Limited, and others.”

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In the light of the offences being ones punishable under Sections 143, 147, 420, 504, 506 and

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8 - NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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149 of IPC, I deem it appropriate to close the proceedings

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by recording the aforesaid settlement.

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For the aforesaid reasons, the following:

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ORDER

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(i) The petitions stand disposed off.

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(ii) The impugned proceedings in PCR

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No.4512/2023 and Crime No.58/2023 pending on the

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file of the VI Addl. Chief Metropolitan Magistrate at Bengaluru stands quashed.

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Sd/JUDGE

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Rsh / ct:bck List No.: 19 Sl No.: 17

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU [JOHN THARIAN THALIATH AND ANOTHER VS. VAMSHIDHAR MYNENI AND ANOTHER]

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MNPJ

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06.11.2023

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ORDER ON 'BEING SPOKEN TO'

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The petition was disposed by an order dated 19.09.2023,

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the operative portion read as follows:

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"ORDER

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(i) The petitions stand disposed off.

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(ii) The impugned proceedings in PCR No.4512/2023 and Crime No. 58/2023 pending on the file of the VI Addl. Chief Metropolitan Magistrate at Bengaluru stands quashed."

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Learned counsel appearing for the petitioners have

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moved a memo for being spoken to on the score that there is a typographical error crept in as much as the crime, which has been said to be quashed in the body of the order is not reflecting in the operative portion of the order.

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The crime is crime No.273/2022. In the light of the petition being closed on account of settlement arrived at between the parties and settlement noticing closure of both the crimes, the error crept in is required to be rectified. The operative portion shall read as follows:

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NC: 2023:KHC:33772 CRL.P No. 5446 of 2023 C/W CRL.P No. 3730 of 2023

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ORDER

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(i) The petitions stand disposed off.

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(ii) The impugned proceedings in PCR No.4512/2023

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and Crime No.58/2023 pending on the file of the VI Addl. Chief Metropolitan Magistrate at Bengaluru and Crime No.273/2022 registered by the Indiranagar Police Station stands quashed.

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This order shall be treated as part and parcel of the order dated 19.09.2023.

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Sd/JUDGE

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List No.: 1 Sl No.: 1

John Thariam Thaliath v. Vamshidhar Myneni

Case brief

What is this about?

What did the court decide?

John Thariam Thaliath v. Vamshidhar Myneni

Case brief

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