Allowed

Sri. S Gowri Shankar v. the State

Karnataka HC27 Nov 2023CRL.P/8558/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed the criminal prosecution against the petitioner based on a joint memo admitting that a compromise was reached and a decree passed in the related civil suit filed by the petitioner and respondent No.2.

What did the court decide?

The prosecution of the petitioner in the underlying criminal case is quashed. All other reliefs as the Court deems fit in the interest of justice are granted.

Sri. S Gowri Shankar Vs the State — Quashing and FIR | Karnataka HC (2023)

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1 - NC: 2023:KHC:42855 CRL.P No. 8558 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^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. 8558 OF 2019

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BETWEEN:

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SRI. S. GOWRI SHANKAR S/O. LATE SRI. K.P. SUBRAMANYAM, AGED ABOUT 57 YEARS, R/AT NO.15, 6^TH CROSS, 1^ST MAIN, SAMPANGIRAMANAGAR, BANGALORE 560027

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…PETITIONER

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(BY SMT. HEENA S.A., ADVOCATE FOR SRI. SANTOSH S GOGI, ADVOCATE)

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AND:

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THE STATE THROUGH COTTONPET POLICE STATION, BANGALORE, REP. BY THE SPP, HIGH COURT BUILIDNG, BANGALORE-01.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. K. PARTHASARATHY S/O. LATE SRI. B.T. KEMPANNA, AGED ABOUT 56 YEARS, R/A 3394, VHBCS, IV PHASE, GIRINAGAR, HOSAKEREHALLI CROSS, BANGALORE-560085

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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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SRI. M.V. GANESH, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.92/2017 DATED 14.04.2017 AND CHARGE SHEET IN

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2 - NC: 2023:KHC:42855 CRL.P No. 8558 of 2019

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C.C.NO.9886/2018 DATED 12.12.2017 FILED BY THE COTTONPET POLICE STATION, BENGALURU ON THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND TAKING OF COGNIZANCE BY THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.9886/2018 (ANNEXURES A, B, C AND D).

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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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The petitioner has challenged the prosecution launched against him in C.C. No.9886/2018 pending trial before the IV Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 406, 420, 120B read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC').

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After the petition was heard, the parties indicated that they are exploring a settlement and hence, the case was posted for reporting settlement. The parties have today filed a joint memo which reads as follows:

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"JOINT MEMO ALONG WITH AFFIDAVITS

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The Petitioner and Respondent No.2 submit as follows:

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3 - NC: 2023:KHC:42855 CRL.P No. 8558 of 2019

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The Petitioner and Respondent No.2 have amicably settled their disputes and differences between them in O.S.No.6062/2017 pending on the file of the Hon'ble City Civil Court, CCH.No.40, Bengaluru, and have filed a Compromise Petition and accordingly the Hon'ble City Civil Court was pleased to pass Judgment and Decree dated 26.10.2023 in the said suit as per the Compromise Petition.

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In view of the above said settlement the Respondent No.2 herein, i.e., the Complainant in C.C.No.9886/2018 on the file of the IV Addl. Chief Metropolitan Magistrate, Bengaluru, will not press the complaint and has no objection to quash the complaint in C.C.9886/2018 pending on the file of the IV Addl.CMM, Bengaluru, and allow this criminal petition and grant such other and further reliefs as this Hon'ble Court deems fit, in the interest of justice.

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A certified copy of the compromise petition and judgment and decree dated 26.10.2023 passed in O.S.No.6062/2017 are produced herewith for kind perusal of this Hon'ble Court.

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Hence this joint memo."

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NC: 2023:KHC:42855 CRL.P No. 8558 of 2019

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The petitioner and respondent No.2 are present

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in person and have admitted the terms of the joint memo.

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They have affixed their signatures to the order sheet of this Court in token of the acceptance of the terms of joint memo.

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In view of the above, the prosecution of the petitioner in C.C. No.9886/2018 pending trial before the IV Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 406, 420 and 120B read with Section 34 of the Indian Penal Code, 1860 is quashed.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 45

Sri. S Gowri Shankar v. the State

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Sri. S Gowri Shankar v. the State

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