IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.1676/2017 BETWEEN 1. M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT. HAVING ITS HEAD OFFICE AT NO.1 2ND FLOOR, INDIAN EXPRESS BUILDING, QUEENS ROAD, BENGALURU-560 001, REP. BY ITS AUTHORISED SIGNATORY MR.C.N.SURESH BABU-AGM LEGAL.
2. MR. C. SUNDAR RAJU, MANAGING DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 61 YEARS, S/O SRI. CHINNASWAMY RAJU, 3. MOHAN RAJU, EX-VICE PRESIDENT, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT. LTD., AGED ABOUT 66 YEARS, S/O LATE SRI.RAMASWAMY RAJU, 4. NAVEEN WADHERA, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT. LTD., AGED ABOUT 41 YEARS, S/O SRI. DHARAMPAL WADHERA, 5. DHIRAJ PODDHAR, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 44 YEARS, S/O SRI. VISHWANATH PODDAR 6. VIKRAM NIRULA, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 46 YEARS, S/O SRI. RAJKUMAR NIRULA, 7. VISHAL GANGADHAR NIVETIA, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 49 YEARS, S/O SRI. GANGADHAR SAGARMAL NEVATIA 8. PRAMOD KABRA, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 59 YEARS, S/O SRI. RADHAVALLABH KABR, 9. MAHENDRA KUMAR SHARMA, DIRECTOR, M/S. ATRIA CONVERGENCE TECHNOLOGIES PVT LTD., AGED ABOUT 71 YEARS, S/O SRI. CHARANDASS SHARMA, PETITIONERS 1 TO 9 HAVING ITS HEAD OFFICE AT NO.1, 2ND FLOOR, INDIAN EXPRESS BUILDING, QUEENS ROAD, BENGALURU-560 001, 10. M/S. ATRIA BROADBAND SERVICES PRIVATE LTD., HEAD OFFICE AT NO.1, 2ND FLOOR, INDIAN EXPRESS BUILDING, QUEENS ROAD, BENGALURU-560 001, REP. BY ITS AUTHORISED SIGNATORY, MR.C.N.SURESH BABU ... PETITIONERS (BY SRI.ISMAIL M. MUSBA, ADV.) AND 1. STATE OF KARNATAKA, THROUGH ASHOKNAGAR PS., REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. SRI.N.SATISH KUMAR, ERSTWHILE PROPRIETOR, OF M/S. BRAIN MARK SATELLITE TV SYSTEMS, OFFICE AT 1ST FLOOR, # NO.114, NANJAPPA CIRCLE, LANG FORD ROAD, SHANTHINAGAR, BENGALURU-560 025.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1 SRI. MADANGOUDA N. PATIL, ADV. FOR SHRIDHARA AND ASSOCIATES ADVS., FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 30.11.2016 IN P.C.R.NO.12225/2016 WHEREIN THE HON'BLE IV ADDL.C.M.M., BENGALURU WAS PLEASED TO REFER THE MATTER FOR INVESTIGATION UNDER 156(3) OF CR.P.C., PRODUCED HERETO AS ANNEXURE-A.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Madangowda N. Patil, learned counsel files vakalath for respondent No.2.
2. Respondent No.2 and his counsel are present before the court. Petitioner No.1 and 10, being the Companies are represented by one Sri Suresh Babu, authorized signatory. Petitioner Nos.1 & 10 represented by its authorized signatory and second respondent herein have filed a Joint Memo before this court submitting that they have compromised the matter in respect of registering of Crime No.441/2016 on the file of the IV ACMM, Bengaluru, for the offence punishable under sections 406, 409, 420, 465, 467, 468, 471, 120B and 201 of IPC.
3. It is stated that the parties have compromised the matter. Essentially, the dispute between the petitioners and the second respondent is pertaining to their business transaction. When the parties have compromised the above said offences amongst themselves, and particularly when the offences are not punishable either with death or life imprisonment, and as there is no legal impact on the society, and there is no legal impediment to record the compromise entered into between the parties.
4. In view of the submissions made by the learned counsels and the Joint Memo filed by the parties and facts and circumstances of the case, the petition deserves to be allowed.
Accordingly, the petition is allowed. The Joint Memo filed by the parties and the affidavit filed by the second respondent are hereby accepted. Consequently, all further proceedings in Crime No.441/2016 registered by the respondent No.1 Police, arising out of PCR No.12225/2016 for the offence punishable under sections 406, 409, 420, 465, 467, 468, 471, 120B & 201 of IPC, is hereby quashed so far as these petitioners are concerned.
Sd/-
JUDGE PL*