Disposed

M/S. Falcon Bus Lines Pvt. Ltd., v. State of Karnataka

Karnataka HC22 Oct 2024CRL.P/2905/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash proceedings in a cheating and forgery case arising from FIR No.145/2020. The parties filed a joint affidavit recording settlement by Memorandum dated February 8, 2024; the court accepted the compromise and quashed the trial court proceedings qua the petitioners.

What did the court decide?

Proceedings in C.C.No.168/2024 before the Principal Civil Judge and JMFC, Kolar, quashed qua the petitioners.

M/S. Falcon Bus Lines Pvt. Ltd., Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:42804 CRL.P No. 2905 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2905 OF 2024

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BETWEEN:

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M/S. FALCON BUS LINES PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MR. HARDIK KOTAK, AGED ABOUT 44 YEARS, HAVING OFFICE AT NO.9-A, VIJAYA CHAMBERS, OPP. DREAM LAND CINEMA, MUMBAI, MAHARASHTRA - 400 004.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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MR. HARDIK KOTAK,

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SON OF SRI. INDUBHAI KANTILAL KOTAK, AGED ABOUT 44 YEARS, HAVING OFFICE AT NO.9-A, VIJAYA CHAMBERS, OPP. DREAM LAND CINEMA, MUMBAI, MAHARASHTRA - 400 004.

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2 - NC: 2024:KHC:42804 CRL.P No. 2905 of 2024

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MR. SANDEEP DAYMA,

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SON OF RAMOTAR SHARMA, AGED ABOUT 49 YEARS, RESIDING AT NO.C/122, ORCHID WHITE FIELD, MAKARABA, AHMEDABAD, GUJARAT.

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…PETITIONERS

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(BY SRI. NISHANTH NANDAGOPAL, ADVOCATE)

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AND:

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STATE OF KARNATAKA,

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THROUGH VEMAGAL POLICE STATION, KOLAR, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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MR. JAHIR USSAIN, AGED ABOUT 39 YEARS, WORKING AT SCANIA COMMERCIAL VEHICLE INDIA PVT, LTD., NARASAPURA IND. AREA,

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KOLAR TALUK, KARNATAKA - 563 133.

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…RESPONDENTS

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(BY SRI. HARISH GANAPATHY, HCGP FOR R1; SMT. SHWETHA RAVISHANKAR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR BEARING CR.NO.145/2020 REGISTERED BY THE VEMAGAL P.S., KOLAR PURSUANT TO THE COMPLAINT DATED JULY 04 2020 FOR THE OFFENCE P/U/S 34 R/W 464, 463, 465, 448, 420, 419, 120B, 506 OF IPC AND ALL FURTHER PROCEEDINGS IN C.C.NO.168/2024 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS KOLAR.

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NC: 2024:KHC:42804 CRL.P No. 2905 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard the learned counsel Sri.Nishanth Nandagopal appearing for the petitioners, the learned High Court Government Pleader Sri.Harish Ganapathy, appearing for respondent No.1 and the learned counsel Smt. Shwetha Ravishankar, appearing for respondent No.2.

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The learned counsel for the parties would submit

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that the matter has been settled between them and have filed such joint affidavit of compromise. The same read as follows:

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" JOINT AFFIDAVIT IN SUPPORT OF INTERLOCUTORY APPLICATION FILED UNDER SECTION 320 READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973

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We, Hardik Kotak, son of Indubhai Kantilal Kotak, aged about 44 years, having office at No. 9-A, Vijaya Chambers Opp. Dream Land Cinema, Maharashtra- 400004, today in Bengaluru, the Petitioner No. 2; and, Jahir Ussain, aged about 39 years, working at Scania Commercial Vehicles Pvt. Ltd., Narasapura Industrial Area, Kolar Taluk, Karnataka- 563133, today in Bengaluru, the Respondent No. 2 do hereby solemnly affirm and state on oath as follows:

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NC: 2024:KHC:42804 CRL.P No. 2905 of 2024

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I, Hardik Kotak am the Petitioner No. 2 in the above case and I am swearing to this Affidavit on behalf of myself and on behalf of the other Petitioners herein, as there is no conflict of interest between us, in relation to the facts set out and the reliefs prayed for in the accompanying Interlocutory Application.

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I, Jahir Ussain, am the Respondent No.2, and being conversant with the facts and circumstances of this case and as such I am swearing to this affidavit out of my own free will and volition.

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The subject matter of the case in CC No. 168 of 2024 pertains to a dispute between us stated the parties which has now been settled by means of Memorandum of Settlement dated February 8, 2024.

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The dispute between the Petitioners and the Respondent No. 2 has now been amicably resolved and all other proceedings which were pending inter-se between the parties have been laid a quietus to.

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The Respondent No. 2 does not wish to contest the matter any further in view of the amicable settlement having arrived at between the parties.

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As such, continuation of the proceedings before the Trial Court as against the Petitioners would tantamount to serious abuse of process of law.

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In view of the amicable resolution of the dispute which has been arrived at between the Petitioners and the Respondent No 2, the proceedings in CC No. 168 of 2024 pending on the file of the Hon'ble Principal Civil Judge and Judicial Magistrate First Class, Kolar District, Kolar, Karnataka begs for being quashed as against the Petitioners herein, at the hands of this Hon'ble Court.

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We, therefore, request this Hon'ble Court to order the quashment of the proceedings in CC No. 168 of 2024 pending on the file of the Hon'ble Principal Civil Judge and Judicial Magistrate First Class, Kolar District, Kolar, Karnataka as against the Petitioners herein, in the ends of justice."

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NC: 2024:KHC:42804 CRL.P No. 2905 of 2024

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In the light of the settlement arrived at between the

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parties and the offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings, qua the petitioners.

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For the aforesaid reasons, the petition is disposed. The proceedings in C.C.No.168/2024 pending on the file of the Principal Civil Judge and Judicial Magistrate First Class, Kolar, stand quashed, qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 1 Sl No.: 82 CT: BHK

M/S. Falcon Bus Lines Pvt. Ltd., v. State of Karnataka

Case brief

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M/S. Falcon Bus Lines Pvt. Ltd., v. State of Karnataka

Case brief

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