Directors and officers of two companies sought quashing of an FIR for criminal breach of trust and cheating. During the petition the accused and complainant filed a joint compromise application to compound the offence. Allowing compounding, the High Court allowed both petitions and quashed the FIR and proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 10385 OF 2023
CONNECTED WITH
CRIMINAL PETITION NO. 10387 OF 2023
IN CRIMINAL PETITION NO.10385 OF 2023
BETWEEN:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
…PETITIONERS
(BY SRI. TEJAS S R., ADVOCATE) AND:
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. SURESH I. MUGALAKKI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO A. QUASH THE FIR REGISTERED AGAINST THE PETITIONER BEFORE THE ANNAPOORNESHWARI NAGAR POLICE STATION (KENGERI
SUB DIVISION BENGALURU) IN CR.NO.347/2023 (ANNEXURE A) FOR THE OFFENCE P/U/S.403, 406, 409, 420, 120-B AND 34 OF IPC 1860 AND ALL SUBSEQUENT PROCEEDINGS THERTO.
IN CRIMINAL PETITION NO.10387 OF 2023 BETWEEN:
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
HAVING ITS REGISTERED OFFICE AT, 6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
AGED ABOUT 53 YEARS, DIRECTOR, EDELWEISS TOKIO LIFE INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT, 6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
11 SHARAD MAHESHWARI
AGED ABOUT 50 YEARS, DIRECTOR, EDELWEISS TOKIO LIFE INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT, 6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
12 ANKUR CHADHA AGED ABOUT 43 YEARS, DIRECTOR, EDELWEISS TOKIO LIFE INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT,
NC: 2024:KHC:629 CRL.P No. 10385 of 2023 C/W CRL.P No.10387 of 2023
6TH FLOOR, TOWER 3, WING 'B', KOHINOOR CITY, KIROL ROAD, KURLA (WEST), MUMBAI CITY , MUMBAI, MAHARASHTRA, INDIA - 400 070.
…PETITIONERS
(BY SRI. TEJAS S R., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. SURESH I. MUGALAKKI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO A. QUASH THE FIR REGISTERED AGAINST THE PETITIONERS BEFORE THE ANNAPOORNESHWARI NAGAR POLICE STATION (KENGERI SUB-DIVISION BENGALURU) IN CR.NO.347/2023 (ANNEXURE-A) FOR THE OFFENCE P/U/S.403, 406, 409, 420, AND 120(B) R/W 34 OF IPC AND ALL SUBSEQUENT PROCEEDINGS THERTO.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP takes notice for respondent No.1, in both the cases.
record.
Sd/JUDGE
AKV List No.: 1 Sl No.: 6 CT:SK
1 issue framed by the court
Whether the FIR in Crime No.347/2023 for criminal breach of trust and cheating could be quashed upon a joint compromise and compounding under Section 320 Cr.P.C.
3 provisions across 2 enactments
Nido Home Finance Limited
Sunil Nawal Phatarperkar
Deepak Mittal
Tushar Hasmukh Kotecha
Gautam Chatterjee
Edelweiss Tokio Life Insurance Company Ltd.
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
