IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1752 OF 2018 BETWEEN:
1. AVINASH PRABHU S/O PETER PRABHU AGED ABOUT 44 YEARS DIRECTOR SKYLINE CONSTRUCTION PRIVATE LIMITED R/O FLAT NO.6, SKYLINE RESIDENCY RICHMOND ROAD BENGALURU-560 025 2. DHREEJ PRABHU S/O PETER PRABHU AGED ABOUT 36 YEARS R/O 78, LAVELY ROAD BENGALURU -560 001 … PETITIONERS (BY SHRI. H. MUNISWAMY GOWDA FOR SHRI. B.A. BELLIAPPA,, ADVOCATES) AND:
1. THE STATE BY AMRUTHAHALLI POLICE STATION SAMPIGEHALLI SUB-DIVISION BANGALORE REPRESENTED BY ITS S.P.P HIGH COURT BUILDING BENGALURU.
2. SKYLINE BAVERLY PARK MEMBERS WELFARE ASSOCIATION S-2,SRI RAMA APARTMENT OIL MILL ROAD, OIL MILL COMPOUND LINGARAJAPURAM, BENGALURU -84 REP.BY ITS PRESIDENT MR RAMDEV V ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R1; SHRI. SHEKARAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.10727/2017 PENDING ON THE FILE OF THE I A.C.M.M., BANGALORE FOR THE OFFENCES P/U/S 406,420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri H.Muniswamy Gowda for Sri.B.A.Belliappa, learned advocate for the petitioners, Shri K.Nageshwarappa, learned HCGP for respondent No.1-State and Shri Shekarappa, learned advocate for respondent No.2.
2. Learned advocates for petitioners and Respondent No.2 jointly submit that the parties have settled the dispute amicably. They have filed a Joint Memo of even date. They pray that this petition may be disposed of in terms of settlement recorded in the Joint Memo.
3. Petitioners and second respondent are present and identified by their respective advocates. The Joint Affidavit is duly signed by the petitioners, respondent No.2 and their respective advocates.
4. Both petitioners and respondent No.2 admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Memo reads as follows:
“JOINT AFFIDAVIT We 1) Avinash Prabhu S/o Peter Prabhu, Aged about 45 Years, Director Skyline Construction Private Limited, R/o Flat No.6, Skyline Residency, Richmond Road, Bangalore 560 025, 2) Dheeraj Prabhu S/o Peter Prabhu, Aged about 38 years, R/o No.78, Lavely Road, Bangalore 560 001, 3) Skyline Baverly Park Members Welfare Association, S-2, Sri Ram apartment, Oil Mil road, Oil Mill Compound, Lingarajapuram, Bangalore-84, R/p by its President Mr. Ramdev. V do hereby solemnly affirm and state an oath as follows.
We state that we are the petitioners and respondent No.2 in the above case and we know the facts of the case and hence swearing to this affidavit.
We affirm and state that we have resolved the issue amicably in C.C.No.10727/2017 (FIR No.18/2014), Registered by the Amruthahalli Police Station Sampigahalli Sub-Division, Bangalore, pending before the I ACMM Bangalore and do not wish to prosecute the same.
Therefore that this Hon’ble court be pleased to pass appropriate orders accordingly, in view of the compromise as stated above.”
5. The dispute is with regard to delivery of flats by the builder to the purchasers. Parties have amicably settled their dispute.
6. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.10727/2017 arising out of FIR No.18/2014 on the file of I Addl.C.M.M, Bengaluru, are quashed.
7. Accordingly, the Petition is disposed of.
8. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE bnv