High Court of Karnataka allowed the criminal petition under Section 482 Cr.P.C. to quash the FIR. Settlement was reached between parties before RERA, making further investigation an abuse of process.
The criminal proceedings against the petitioners in Crime No.183/2021 for offences under Sections 403, 406, 420 and 120B of IPC were quashed.
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NC: 2024:KHC:10406 CRL.P No. 245 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 245 OF 2022
BETWEEN:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
BANGALORE - 560 025.
…PETITIONERS
(BY SMT. VANDANA P L., ADVOCATE FOR SRI. AJESH KUMAR S., ADVOCATE)
AND:
BB NAGAR, KOTI HOSAHALLI, BENGALURU - 560 092. REPRESENTED BY GOVERNMENT ADVOCATE, HIGH COURT BUILDING.
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. SRIVASTA RAO, ADVOCATE FOR SRI. VIVEK B R., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1 IN CR.NO.183/2021 DATED 21.12.2021 FOR THE ALLEGED OFFENCE U/S 403, 406, 420, 120-B OF IPC ON THE BASIS OF THE COMPLAINT LODGED BY THE RESPONDENT NO.2 PENDING ADJUDICATION BEFORE THE IV ACMM, BANGALORE AT ANNEXURE-A AND B AND ALL FURTHER STEPS THEREOF.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner accused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the FIR in Crime No.183/2021 registered by the Kodigehalli Police station for the offences punishable under Sections 403, 406, 420 and 120B of IPC, pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru.
NC: 2024:KHC:10406 CRL.P No. 245 of 2022
the respondent to quash the entire FIR in view of the settlement between the parties before the RERA. Hence, conducting investigation against the petitioner is nothing but abuse of process of law in view of the settlement between the parties.
case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J.4934, the criminal proceedings requires to be quashed.
Sd/JUDGE
AKV List No.: 1 Sl No.: 0 CT:SK
1 issue framed by the court
Whether criminal proceedings for cheating and criminal conspiracy can be quashed on account of settlement reached before the competent authority.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab and AnotherRelied on¶32
2012 CRI.L.J.4934 · Who else cites this
1 provisions across 1 enactments
MR. VASUDEVAN SATHYAMOORTHY
MRS. PRIYA VASUDEVAN
THE STATE OF KARNATAKA
MR. MOHIT SHARMA
K.NATARAJAN
As recorded by the court registry
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