Petitions filed under Section 482 Cr.P.C. to quash FIR regarding cheating and forgery were allowed upon settlement. The court permitted compounding and quashed the FIR under Section 320(1) Cr.P.C.
Petitions allowed; parties permitted to compound offence; FIR quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 329 OF 2024
CONNECTED WITH
CRIMINAL PETITION NO. 6460 OF 2023
IN CRIMINAL PETITION NO.329 OF 2024
BETWEEN:
MR. PHILIP WILLIAM GEORGE AGED ABOUT 50 YEARS, SHOBAS IMPORT GALLERY, SHOBA BAZAAR, NO.96/3, CMR CROSS ROAD, NEXT BSNL (CUSTOMER SERVICES CENTRE, HRBR LAYOUT, KALYAN NAGAR, BENGALURU - 560 043.
Digitally signed by BHAVANI BAI G Location: High Court of Karnataka
(BY SRI. USMAN P., ADVOCATE)
AND:
…PETITIONER
BY BHARATHINAGAR POLICE STATION, ST. JOHN'S CHURCH ROAD, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
NC: 2024:KHC:2494 CRL.P No. 329 of 2024 C/W CRL.P No.6460 of 2023
ARCHIBISHOPS HOUSE, NO.75, MILLER'S ROAD, BENGALURU - 560 046. REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY HOLDER, FR. CHRISTOPHER VIMALRAJ HIRUTHYA, DIRECTOR, ST. GERMAIN ACADEMY, BENGALURU.
…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH., HCGP FOR R1; SRI. A.C.BALARAJ, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 07.11.2022 AND THE CONSEQUENT FIR REGISTERED IN CR.NO.113/2022 BY THE RESPONDENT POLICE AGAINST THE PETITIONER ARRAIGNED AS ACCUSED NO.1 THEREIN FOR THE OFFENCE P/U/S 406, 468, 420 OF IPC.
IN CRIMINAL PETITION NO.6460 OF 2023
BETWEEN:
ASHRAF A.K S/O AHMED HAJI A.K AGED ABOUT 48 YEARS, R/AT NO.410, 7TH C MAIN, I BLOCK, HRBR LAYOUT, VTC KALYAN NAGAR, BENGALURU - 560 043.
…PETITIONER
(BY SRI. USMAN P., ADVOCATE)
AND:
BENGALURU,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
REPRESENTED BY HIS
SPECIAL POWER OF ATTORNEY HOLDER, FR. CHRISTOPHER VIMALRAJ HIRUTHYA, DIRECTOR, ST. GERMAIN ACADEMY, PROMENADE ROAD, CLEVELAND TOWN, BENGALURU - 560 005.
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH., HCGP FOR R1; SRI. A.C.BALARAJ, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 07.11.2022 AND THE CONSEQUENT FIR IN CR.NO.113/2022 BY THE RESPONDENT POLICE BHARATHI NAGAR POLICE STATION, BENGALURU AGAINST THE PETITIONER ARRAIGNED AS ACCUSED NO.1 THEREIN FOR THE OFFENCE P/U/S 406, 468, 420 OF IPC, PENDING ON THE FILE OF IV ADDL.C.M.M., BENGALURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.329/2024 is filed by the petitioner-accused No.1 and Crl.P.No.6460/2023 is filed by the petitioner-accused No.2 under Section 482 of Cr.P.C. for quashing the FIR in Crime No.113/2022 registered by Bharathi Nagar Police Station, Bengaluru for the offence punishable under Sections 406, 468, 420 of IPC.
NC: 2024:KHC:2494 CRL.P No. 329 of 2024 C/W CRL.P No.6460 of 2023
I.A.Nos.3/2024 and 1/2024 are allowed. Parties are permitted to compound the offence.
Sd/JUDGE
GBB List No.: 1 Sl No.: 63 CT:SK
2 issues framed by the court
Whether the FIR and complaint can be quashed upon settlement between the parties under Section 320(1) of Cr.P.C.
Whether a compoundable offence can be quashed under Section 482 Cr.P.C.
2 provisions across 1 enactments
Mr. Philip William George
State of Karnataka
The Archdiocese of Bangalore
Ashraf A.K
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
