Allowed

Smt. K. Gowri v. Mohan K.L.

Karnataka HC7 Feb 2024WP/6747/2023

Case brief

AI extract

What is this about?

Quashing petitions against cheating and criminal breach of trust proceedings were resolved through a joint compromise application under Section 147 NI Act read with Section 320 Cr.P.C., with Rs.75 lakh settlement in installments. The court allowed the applications and quashed both the complaint case and FIR.

What did the court decide?

Both petitions allowed; C.C. No.21493/2022 pending before XXIII ACMM Bengaluru and Crime No.184/2022 registered by Jnanabharathi Police Station quashed on joint compromise.

Smt. K. Gowri Vs Mohan K.L. — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN WRIT PETITION NO. 6747 OF 2023 (GM-RES)

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C/W

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CRIMINAL PETITION NO. 7110 OF 2022

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IN WP NO.6747/2023

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BETWEEN:

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SMT. K. GOWRI W/O DR. H. D. RAMAKRISHNAGOWDA, AGED ABOUT 64 YEARS, R/AT NO.1796, B, 6^TH MAIN, 9^TH CROSS, RPC LAYOUT, VIJAYANAGAR 2^ND STAGE, BANGALORE - 40.

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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…PETITIONER (BY SMT. NAGARALE SANTHOSH SUBHASHCHANA, ADVOCATE) AND:

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MOHAN K.L. S/O K. LAKSHMIPATHI, AGED ABOUT 40 YEARS, R/AT NO.15, 6^TH CROSS, SVG NAGAR, NAGARBHAVI MAIN ROAD, BANGALORE - 72.

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…RESPONDENT

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(BY SRI. C. H. JADHAV, SENIOR ADVOCATE FOR SRI. SHRISHA CHANDRA A C., ADVOCATE)

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2 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL COMPLAINT FILED UNDER SECTION 200 OF CR.P.C. IN CC NO.21493/2022 AT ANNEXURE-C PENDING ON THE FILE OF XXIII ACMM BANGALORE. AND CONSEQUENTLY THE PROCEEDINGS IN C.C.NO. 21943/2022.

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IN CRL.P NO.7110/2022

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BETWEEN:

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DR. H.D. RAMAKRISHNA GOWDA S/O LATE. H. DODDA THAMMEGOWDA, AGED ABOUT 73 YEARS, R/AT NO.1796,/B, 6^TH MAIN, 9^TH CROSS, RPC LAYOUT, VIJAYANAGAR, BANGALORE - 560 104.

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SMT. GOWRI K W/O DR. H. D. RAMAKRISHNAGOWDA, AGED ABOUT 62 YEARS, R/AT NO.1796,/B, 6^TH MAIN, 9^TH CROSS, RPC LAYOUT, VIJAYANAGAR, BANGALORE - 560 104.

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…PETITIONERS

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(BY SMT. SANDHYA U. PRABHU, ADVOCATE)

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3 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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AND:

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STATE OF KARNATAKA REPRESENTED BY JNANABHARATHI POLICE STATION, BANGALORE UNIVERSITY CAMPUS, JNANABHARATHI, BANGALORE - 560 056.

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MR. MOHAN K.L. S/O K. LAKSHMIPATHI, AGED ABOUT 41 YEARS, R/AT NO.18, GURU SAINATH NILAYA, I^ST MAIN ROAD, NEAR, DHANVATRI VANA EXTENSION, SHIVU EXTENSION, MARIYAPPANAPALYA, BANGALORE - 560 024.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE; SRI. C.H. JADHAV, SENIOR ADVOCATE FOR SRI. SHRISHA CHANDRA A C., ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS REGISTERED IN CR.NO.184/2022 INITIATED BY THE RESPONDENT NO.1 POLICE PENDING ON THE FILE OF THE HONBLE IV^TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU PRODUCED AS VIDE ANNEXUREA. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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ORDER

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Writ Petition No.6747/2023 is filed by the petitioneraccused under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No.21493/2022 pending on the file of XXIII ACMM, Bengaluru, for the offences punishable under Sections 406, 420, 120B and 34 of IPC.

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Criminal Petition No.7110/2022 is filed by the petitioner-accused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the FIR in Crime No.184/2022 registered by Jnanabharathi Police Station for the offences under Sections 406, 420, 120B and 34 of IPC.

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During the pendency of the petitions, both the petitioners and the respondent-complainant appeared through their learned counsels and filed joint compromise application in I.A. No.1/2024 under Section 147 of the Negotiable Instruments Act read with Section 320 of Cr.P.C. seeking permission to compound the offence.

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5 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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The learned counsel for the petitioners submits that accused No.1-Gowri in Writ Petition No.6747/2023 and accused No.2 in Criminal Petition No.7110/2022, undertakes to settle the matter for Rs.75,00,000/- in full and final settlement. Today, demand draft of Rs.10 lakhs has been handed over to the respondent-complainant and the respondent acknowledges the receipt of the same. It is agreed that, again, Rs.15 lakhs will be paid to the respondent-complainant within 10 days from today. It is also agreed that the remaining balance of Rs.50 lakhs will be settled in two installments i.e. Rs.25 lakhs will be paid on or before 10.03.2024 and another Rs.25 lakhs will be paid on or before 10.04.2024. The same is also accepted by the respondent-complainant , who has appeared along with his learned Counsel.

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The submission of the learned counsel for the parties is placed on record. In view of the settlement arrived at between the parties, the application is allowed.

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Consequently, both the petitions are allowed. The criminal proceedings in criminal proceedings in C.C.

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No.21493/2022 pending on the file of XXIII ACMM, Bengaluru,

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6 - NC: 2024:KHC:5730 WP No. 6747 of 2023 C/W CRL.P No. 7110 of 2022

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and also in Crime No.184/2022 registered by Jnanabharathi Police Station, are hereby quashed.

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It is needless to mention that, if the amount is not

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paid by the petitioner-accused, the respondent-complainant is at liberty to approach the Court for recovery of the amount.

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Sd/JUDGE

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CS List No.: 1 Sl No.: 82 CT:SK

Smt. K. Gowri v. Mohan K.L.

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Smt. K. Gowri v. Mohan K.L.

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