IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.221/2019 BETWEEN:
1. MR.ASHOK A O., S/O OBALESH AGED ABOUT 36 YEARS RESIDING AT No.127 9TH MAIN, 2ND CROSS V S GARDEN BENGALURU – 26.
2. MR.E CHANDRASHEKAR S/O ERAIAH AGED ABOUT 46 YEARS PARTNER, M/S.VENTURE ASSOCIATES No.61, 2ND FLOOR, K R ROAD 7TH BLOCK, JAYANAGAR BENGALURU – 82.
... PETITIONERS (BY SRI HARINATH M S, ADVOCATE) AND:
1. THE SANJAYNAGAR POLICE STATION REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. JUSTICE T JAYARAMA CHOUTA No.385, 5TH MAIN ROAD 11TH CROSS, RMV 2ND STAGE BENGALURU – 560 094.
(BY SMT. K P YASHODHA, HCGP FOR R-1 SRI BHANUPRAKASH V G FOR ... RESPONDENTS SRI ISMAIL M MUSBA, ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE FIR IN CRIME No.420/2012 REGISTERED BY SANJAY NAGAR POLICE AS PER ANNEXURE-A ISSUED IN C.C.No.19524/2013 BY THE I ADDITIONAL C.M.M., BENGALURU, IN THE COMPLAINT FILED BY MR.JAYARAM CHOUTA, THE FORMER JUSTICE BY ALLOWING THE PRESENT PETITION.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is presented by accused Nos.1 and 2 in C.C.No.19524/2013 pending on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru.
2. Shri. Bhanuprakash V.G., for Shri. Ismail M. Musba, learned advocate for respondent No.2 submitted that petitioners have not impleaded the complainant in this petition. Complainant had filed the instant complaint when the collection agents on behalf of AirTel service provider had made an illegal demand for payment of dues in respect of telephone belonging to his son which is not due and payable. Complainant does not desire to prosecute the complaint any further since the accused are only employees of the Company. Hence, he prays that proceedings before the trial Court may be quashed.
3. Shri.Harinath, learned Advocate for petitioners seeks leave to implead the complainant as party respondent No.2. Accordingly, he has been permitted.
4. The complainant is not interested in prosecuting the case. An affidavit duly sworn by the complainant has been filed by Shri. Bhanuprakash V.G, learned Advocate for respondent No.2 and it reads as follows:
“I, Justice T Jayaram Chouta, S/o Late Sankappa Chouta, aged about 82 years, residing at No.385, 11th Cross, 5th Main, RMV 2nd Stage, Bangalore -94 do hereby solemnly affirm and state as follows:
1. I state that I am the Complainant/informant in the above mentioned case. I state that I am conversant with the facts of the case and am competent to depose to this affidavit.
2. I state that I had filed a complaint dated 10.12.2012 against the 7 named persons and the Respondent Sanjaynagar PS registered an FIR in Crime No.420/2012 dated 10.12.2012 for offence punishable under Section 507, 509, 504, 384, 386, 387, 503, 268, 120B r/w 34 of the IPC. After investigation, the Respondent Police have filed chargesheet for offences punishable u/s 504, 507, 120-B, I.P.C r/w 66 (A) of I.T Act, against the petitioners and one other accused named Yuvaraj in CC No.19524/2013 which is pending trial before the I ACMM, Bangalore.
3. I state that since I am not interested in pursuing the case against the accused persons who are only the employees of the company and am therefore filing this affidavit. I have filed this affidavit only in so far as the criminal case is concerned against the accused named in C.C No.19524/2013 and has nothing to do with the consumer appeals pending before the Hon’ble State Commission (Appeal No.1729/2013 c/w No.1667/2013) with regard the deficiency of service and unfair trade practice by Bharath Airtel Ltd and it employees.
4. I state that I have no objections for the allowing the present criminal petition and quashing proceedings in C.C NO.19524/2013 arising out of FIR in Crime No.420/2012 dated 10/12/2012 registered by Respondent Sanjaynagar Police Station.
5. I state that I have no objection for this Hon’ble Court to quash CC No.19524/2013 pending before the I ACMM, Bangalore arising (out of FIR in Crime No.420/2012 and complaint dated 10.12.2012) for offences punishable under u/s 504, 507,120-B, I.P.C r/w 66 (A) of I.T Act, against the accused persons named therein Wherefore it is most respectfully prayed that in view of the present affidavit I pray that this Hon’ble Court be pleased exercise its inherent jurisdiction and quash CC No.19524/2013 pending before the I ACMM, Bangalore (arising out of FIR in
punishable u/s 504, 507, 120-B, I.P.C r/w 66 (A) of I.T Act and all further proceedings against the accused persons named therein in the interest of justice and equity.”
5. Since the complainant does not wish to prosecute the case any further, no useful purpose will be served in continuing the criminal proceedings against the petitioners.
6. In the circumstances, Criminal proceedings in C.C.No.19524/2013 pending on the file of I Additional Chief Metropolitan Magistrate, Bengaluru City, are quashed so far as petitioners are concerned.
7. Accordingly, petition is disposed of.
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JUDGE tsn*