Disposed

Mandarapu Madhava Rao S/O. Venkatappaiah v. State of Karnataka

Karnataka HC23 Sept 2024CRL.P/103657/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of proceedings against accused Nos.1 and 3 in a cheating and criminal breach of trust case. The complainant filed an affidavit confirming amicable settlement and receipt of Rs.1,00,000/- towards full and final settlement. On that basis the High Court quashed the proceedings.

What did the court decide?

Proceedings against petitioners in C.C.No.127/2021 quashed based on settlement affidavit of complainant; petition disposed of.

Mandarapu Madhava Rao S/O. Venkatappaiah Vs State of… — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13591 CRL.P No. 103657 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103657 OF 2023

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BETWEEN:

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MANDARAPU MADHAVA RAO S/O.VENKATAPPAIAH, AGED ABOUT 60 YEARS, OCC: BUSINESS, NOW R/O: M.D. MS SHIVASAI DEVELOPERS, H.D.1-54, MANCHU KON, KHAMMAM, 507001 ANDRA PRADESH.

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RAVIKANTH S/O. LATE RAMA RAO, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: NO.7-3-108, DWARAKA NAGAR, KHAMMAM KHAMMAM, ANDRA PRADESH-507001.

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…PETITIONERS

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(BY SRI. M. L. VANTI, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, PSI GANDHINAGAR POLICE STATION, BALLARI R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD - 580001.

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SRI. S. REVANASIDDAPPA S/O. LATE BASANNA, AGED ABOUT 66 YEARS, OCC: FARMER, NOW R/O: 16^TH CROSS, SIVABASAVA NAGAR, HAVERI – 581110.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. M. RAMAKRISHNA, ADVOCATE FOR R2)

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2 - NC: 2024:KHC-D:13591 CRL.P No. 103657 of 2023

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS/ ACCUSED NO.1 AND 3 IN C.C.NO. 127/2021 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C. BALLARI FOR THE OFFENCE P/U/SEC. 406, 420 R/W 34 OF IPC 1860 IN THE INTEREST OF JUSTICE.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused Nos.1 and 3 praying

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to quash the proceedings in C.C.No.127/2021 pending on the file of Prl. Civil Judge and JMFC, Ballari registered for offences punishable under Sections 406, 420 r/w Section 34 of IPC.

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On the complaint of respondent No.2, a case came to be registered against the petitioners and others in Gandhinagar P.S. Crime No.171/2018 for offences punishable under Sections 406, 420 r/w Section 34 of IPC. After investigation, chargesheet came to be filed against the petitioners and others for the said offences.

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On the basis of the chargesheet, a case came to

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be registered against the petitioners and others for offence

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3 - NC: 2024:KHC-D:13591 CRL.P No. 103657 of 2023

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under Sections 406, 420 r/w Section 34 of IPC. The proceedings of the said criminal case are sought to be quashed in the present petition.

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Respondent No.2 is present and files affidavit stating that at the advise of the well wishers, the dispute has been amicably settled and he has received Rs.1,00,000/- from the petitioners towards full and final settlement. He submits that he has no objection to quash the proceedings against the petitioners.

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In view of the said settlement, the proceedings against the petitioners in C.C.No.127/2021 pending of the file of Prl. Civil Judge and JMFC, Ballari are quashed.

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6. Accordingly, petition is disposed off.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT:ANB

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List No.: 1 Sl No.: 3

Mandarapu Madhava Rao S/O. Venkatappaiah v. State of Karnataka

Case brief

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Mandarapu Madhava Rao S/O. Venkatappaiah v. State of Karnataka

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