IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.4295 OF 2018 BETWEEN:
ANITHA K.
W/O.KARUTURI SAI RAMAKRISHNA AGED ABOUTN 43 YEARS RESIDING AT 9/56, 8TH MAIN 1ST CROSS, UPPAR PALACE ORCHARD SADASHIVANAGAR BENGALURU-560 076 (BY SRI.VENKATESH P.DALWAI (NOC)) AND:
1. STATE BY SRIRAMPURA POLICE STATION BENGALURU CITY-560 001 REP. SPP, HIGH COURT BUILDING BENGALURU-560 001 2. SRI.RAMAKRISHNA B S/O.LATE B.MUNISUBBAIAH AGED MAJOR R/AT NO.13, PANCHAMUKHI 6TH CROSS, BUNDI REDDY CIRCLE SRIRAMPURAM BENGALURU-560 021 (BY SRI.R.D.RENUKARADHYA, HCGP FOR R1 SRI.H.SHANTHIBHUSHAN, ADV. FOR R-2) … PETITIONER ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE FIR IN CRIME NO.18/2018 REGISTERED BY THE RESPONDENT POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 420 AND 406 OF THE IPC PURSUANT TO PCR NO.12164/2017 REGISTERED IN THE COURT OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY WHICH IS PENDING ON THE FILE OF THE COURT OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND ETC.
THIS PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has prayed for the following relief:
It is humbly prayed that this Hon’ble Court may be pleased to quash the FIR in Crime No.18/2018 registered by the respondent Police Station for the alleged offences punishable under Section 420 and 406 of the Indian Penal Code pursuant to PCR No.12164/2017 registered in the Court of the IV Addl. Chief Metropolitan Magistrate, Bengaluru City which is pending on the file of the Court of the IV Addl. Chief Metropolitan Magistrate in the interest of justice and equity.
2. Petitioner and 2nd respondent are present before the Court.
3. Among the petitioner and 2nd respondent there was a transaction relating to sale and purchase of property bearing Sy. No.154 situated at Koogonalli Village, Doddabelmangala Hobli, Doddaballapura Taluk, Bengaluru Rural District. The petitioner had failed to comply in full consideration. Consequently, on the allegation of cheating, 2nd respondent has registered a complaint.
4. Learned counsel for the parties submitted that among themselves, there was a proceedings under Section 138 of the Negotiable Instruments Act, 1881, which is pending consideration. Arising out of these facts and circumstances, petitioner and 2nd respondent have entered into mutual understanding. To that extent, a joint memo dated 11.10.2019 has presented along with the affidavit dated 11.10.2019 of the petitioner and 2nd respondent which are taken on record.
5. In terms of the joint memo dated 11.10.2019, FIR in Crime No.18/2018 for the offence punishable under Sections 406 and 420 of IPC pursuant to P.C.R. No.12164/2017 registered in the Court of IV Addl. C.M.M., Court Nrupatunga Road, Bengaluru City is quashed.
Criminal petition stands allowed.
Sd/- JUDGE BS