Writ petition seeking quashing of FIR in Crime No.0087/2024 for IPC offences of cheating and criminal mischief arising from a commercial dispute. Petitioners and complainant settled by memorandum; proceedings quashed qua petitioners.
Proceedings pending in Crime No.0087/2024 stand quashed qua the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:39933 WP No. 9595 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9595 OF 2024 (GM-RES)
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
R-S-1, SAVALGUDI ROAD, SAWASPURAM VILLAGE,
ARUPPUKOTTAI, TAMILNADU - 626 159.
…PETITIONERS
(BY MS. SANJEEVINI NAVADGI, ADVOCATE FOR SRI. BASAVARAJ PATIL, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. THEJESH P, HGP FOR R1; SRI. SANDESH J. CHOUTA, SR. ADVOCATE FOR SRI. CHINMAY J. MIRJI, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482 OF THE CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE FIR DATED 12.03.2024 REGISTERED BY THE RESPONDENT POLICE IN CR.NO.0087/24 FOR OFFENCES PUNISHABLE UNDER SECTION 34, 120B, 406, 409 AND 420 OF THE INDIAN PENAL CODE, VIDE ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:39933 WP No. 9595 of 2024
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Ms. Sanjeevini Navadgi, learned counsel appearing for the petitioners, Sri. Thejesh P., learned HCGP appearing for respondent No.1 and Sri. Sandesh J. Chouta, learned Senior counsel appearing for respondent No.2.
" JOINT MEMO
The Petitioner and the Respondent No.2 most humbly submit that they have reached an amicable settlement by way of signing and executing a 'Settlement Agreement' dated 21.09.2024, the copy of the settlement Agreement is herewith attached as Annexure-A, for the kind perusal of this Hon'ble Court. In view of the said compromise, the Petitioner and the Respondent No.2 jointly submit that the FIR registered against the Petitioner by the Respondent No.1 Police under Crime No.87/2024, for offences punishable under sections 406, 409, 420, 120B r/w section 34 of the Indian Penal Code, 1860 (" IPC ") (pending on the file of the 11th Addl. Chief Metropolitan Magistrate, Mayohall Bangalore), be quashed in so far as the Petitioners are concerned, to meet the ends of Justice.
The brief terms of settlement are captured at Points No.(D) to Point No.(H) of Settlement Agreement dated 21.09.2024."
NC: 2024:KHC:39933 WP No. 9595 of 2024
parties, I deem it appropriate to close the proceedings qua the petitioners.
ORDER
(ii) Proceedings pending in Crime No.0087/2024 stand
quashed qua the petitioners.
Sd/(M.NAGAPRASANNA) JUDGE
SJK
List No.: 1 Sl No.: 52 CT: BHK
* Corrected vide chamber order dated 02.12.2024
1 issue framed by the court
Should FIR in Crime No.0087/2024 be quashed given an amicable settlement between petitioners and respondent No.2?
3 provisions across 3 enactments
Govindaraja Mills Limited
Varadarajan Ramkumar
Thathi Ramaswamy Naickar Varadarajan
Chempakadevi Raju Naidu
T.R. Venkatalakshmi
Sanjeeviraja S
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
