Petitioner sought quashing of proceedings in Crime No.8/2020 for cheating under IPC Sections 417, 420/34 and Prize Chits Act. After amicable settlement with the complainant, who acknowledged receiving the disputed amount, the court compounded the offence and quashed the proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.471 OF 2021
BETWEEN:
MR.ANTONI D.CUNHA @ DANNY S/O GERMY D CUNHA AGED ABOUT 40 YEARS R/AT 1ST BLOCK BASAVESHWARA LAYOUT GOPAL CIRCLE KUSHALNAGAR MADIKERI DISTRICT - 571234
…PETITIONER
(BY SRI.HARIPRASAD M B, ADVOCATE)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R.1; SRI.UMASHANKAR MEGUNDI, ADVOCATE FOR R.2)
NC: 2024:KHC:5618 CRL.P No. 471 of 2021
THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR FILED BY THE KUSHALNAGAR P.S., AT ANNEXURE-B I.E., RESPONDENT NO.1 IN FIR CR.NO.8/2020 FOR THE OFFENCE P/U/SEC.417, 420 R/W 34 OF IPC AND SEC.4, 5 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT PENDING PROCEEDINGS ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, KUSHAL NAGAR, KODAGU DISTRICT AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned Criminal Petition is filed seeking quashing of the proceedings pending in Crime No.8/2020 for the offence punishable under Sections 417, 420 read with Section 34 of IPC and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
has made a statement that the matter is amicably settled and he has received entire disputed amount and the same is indicated in para No.2.
filed under Section 482 read with Section 320 of Cr.P.C.
fact that accused has settled dispute by paying entire disputed amount, which is acknowledged by respondent No.2 – Complainant, I am of the view that petitioner – accused and respondent No.2 are entitled to get the offence compounded.
meet the ends of justice and to prevent abuse of process, the proceedings pending in Crime No.8/2020 on the file of Additional Civil Judge and JMFC, Kushalnagar, Kodagu District for the offence punishable under Sections 417, 420
NC: 2024:KHC:5618 CRL.P No. 471 of 2021
read with Section 34 of IPC and Sections 4 and 5 Prize
Chits and Money Circulation Schemes (Banning) Act, 1978
are hereby quashed.
Consequently, Criminal Petition is allowed.
Pending applications, if any, are also disposed off.
Sd/JUDGE
NBM List No.: 1 Sl No.: 9
1 issue framed by the court
Whether the FIR proceedings in Crime No.8/2020 should be quashed following an amicable settlement between the accused and the complainant.
4 provisions across 3 enactments
Antoni D.Cunha @ Danny
The State of Karnataka by SHO, Kushalnagar Police Station
Naveen B S
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
