Allowed

Ajay Ashok Khobragade v. the State of Karnataka

Karnataka HC19 Apr 2024CRL.P/1512/2024

Case brief

AI extract

What is this about?

Quashing petition filed by accused No.2 after amicable settlement with the complainant. The court permitted compounding of the compoundable offences under Section 320 Cr.PC read with Section 482 Cr.PC and quashed the entire proceedings in the FIR as against the petitioner, also directing defreezing of his bank accounts.

What did the court decide?

Proceedings in Crime No.32/2023 quashed against petitioner; parties permitted to compound offences; State directed to defreeze petitioner's three bank accounts.

Ajay Ashok Khobragade Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 1512 OF 2024

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BETWEEN:

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AJAY ASHOK KHOBRAGADE, S/O ASHOK KHOBRAGADE, AGED ABOUT 34 YEARS, R/AT HOUSE NO.31, VANRAINAGAR, MAHALGINAGAR, NAGPUR, MAHARASHTRA - 440 034.

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…PETITIONER

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(BY SRI. SANCHAN JAI NANDAN, ADVOCATE)

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AND:

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH CEN CRIME PS TUMKUR, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING - 560 001.

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SRI. GANESH KUMAR V., S/O HANUMANTHU V., AGED ABOUT 34 YEARS R/AT NO.54993, MAHALAXMI NAGAR, TUMAKURU - 572 103.

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…RESPONDENTS

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(BY SRI. RANGA SWAMY R., HCGP FOR R1)

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NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO I. QUASH THE ENTIRE PROCEEDINGS IN CR.NO.32/2023 PENDING BEFORE THE III ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., TUMAKURU (REGISTERED FOR THE OFFENCE P/U/S 419 AND 420 OF IPC AND SEC. 66(C) AND 66(D) OF INFORMATION TECHNOLOGY ACT) BEFORE TUMAKURU CEN CRIME POLICE STATION AS AGAINST THE PETITIONER.

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

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ORDER

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Sri K.B.Chandrashekar, learned counsel has filed vakalath for respondent No.2.

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Same is taken on record.

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Accused No.2 is before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in Crime No.32/2023 registered by Tumakuru CEN Crime Police Station, which is now pending before the Court of III Additional Senior Civil Judge and JMFC, Tumakuru, for the offences punishable under Sections 419, 420 of IPC r/w Section 66(C) and 66(D) of Information Technology Act 2000.

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Heard the learned counsel appearing for the parties.

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3 - NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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Learned counsel appearing for the petitioner and learned counsel appearing for respondent No.2 jointly submit that the dispute between the parties has been settled amicably at the intervention of the elders and well-wishers of the parties. It is submitted that the alleged offences are compoundable in nature and the parties have filed an application under Section 320 r/w Section 482 of Cr.PC with a prayer to permit them to compound the offence and consequently quash the impugned criminal proceedings. The application filed by the parties under Section 320 r/w Section 482 Cr.PC, which is supported by the joint affidavit, is taken on record. In paragraph Nos.1 to 3 of the application, it is stated as follows:

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"1. The above petition is filed seeking to quash the entire proceedings in Crime No.32/2023 pending before III Additional Senior Civil Judge and JMFC, Tumakuru (registered for offences punishable under Sections 419, 420 of IPC r/w Section 66(C) and 66(D) of Information Technology Act 2000 before Tumakuru CEN PS) as against petitioner as the same has been settled by way of a compromise arrived with respondent No.2/Complainant.

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The petitioner is young adult and first time involved in such alleged offences. If the criminal proceedings are permitted to be continued petitioner will suffer great loss

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4 - NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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hardship and damage to his career and repute in the society.

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Petitioner shall undertake to maintain his good behavior hereafter and not involve in any such allegations in future and wok as productive member of society."

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In paragraphs 2 to 4 of the joint affidavit, it is stated as

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follows:

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"2. We state that, We have entered at an amicable settlement with respect to alleged offences against petitioner and complainant has received back his money as alleged against first of us.

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Second of us respectfully submit that, I am agreeable to compounding of offences as against petitioner in the above case as matter is settled by way of a compromise between us as stated in joint memo accompanying this affidavit.

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Second of us, I had prayed for compounding of offences before the learned trial court also but same was not considered. I have no objection to allow the above petition as prayed for by the petitioner."

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The allegations made in the FIR against the petitioner

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is purely private in nature. The parties have stated before the Court that the settlement is voluntary without there being any undue influence and coercion. The parties before this Court are identified by their respective advocates.

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NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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Considering the nature of allegations, the nature of settlement between the parties and also having regard to the fact that the alleged offences are compoundable in nature, the prayer made in the application as well as in the petition needs to be granted. Accordingly, the following order:

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The application filed by the petitioner under Section 320 r/w Section 482 of Cr.PC is allowed. The parties are permitted to compound the offences as set out in the FIR against the petitioner. Consequently, petition is allowed. The entire proceedings in Crime No.32/2023 registered by Tumakuru CEN Crime Police Station, which is now pending before the Court of III Additional Senior Civil Judge and JMFC, Tumakuru, for the offences punishable under Sections 419, 420 of IPC r/w Section 66(C) and 66(D) of Information Technology Act 2000, is quashed as against the petitioner.

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In view of the aforesaid order, respondent No.1 is directed to defreeze the bank accounts of the petitioner, particulars of which are as follows:

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(a) Utkarsh Small Finance Bank, Account No.137902000000434 and IFSC Code: UTKS0001379;

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NC: 2024:KHC:15642 CRL.P No. 1512 of 2024

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(b) Kotak Mahindra Bank, Account No: 2614333086 and IFSC Code: KKBK0001839;

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SD/JUDGE

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MKM List No.: 1 Sl No.: 178

Ajay Ashok Khobragade v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ajay Ashok Khobragade v. the State of Karnataka

Case brief

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