IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8304/2017 BETWEEN:
BOTH ARE R/A KETTIDATHIS VEEDU, TC 43/1466, ASHA NAGAR SREEVARAHAM WARD, MUTTATHARA VILLAGE VALLAKKADAVU P.O. THIRUVANANTHAPURAM PIN 605008 (BY SRI. P.M. MATHEW., ADVOCATE FOR PETITIONER NO.1;
VIDE ORDER DATED 25.01.2019, PETITION AGAINST PETITIONER NO.2 DISMISSED) AND:
1 STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE BENGALURU 560 100 REP. BY HCGP, BENGALURU.
2 DR. P. ANIL KUMAR S/O PRABHAKARAN NAIR AGED 42 YEARS R/A 139/A, SANDYA PARADISE SINGASANDRA MUNICIPAL COUNTRY CLUB ROAD BENGALURU – 560 068.
... RESPONDENTS (BY SRI S CHANDRASHEKARAIAH, HCGP FOR R-1;
SRI S. SURESH., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER IN CRIME NO.419/2017 DATED 29.08.2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 408 OF IPC AT PARAPPANA AGRAHARA POLICE STATION, BENGALURU PENDING ON THE FILE OF HON’BLE IV ACMM, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R First Petitioner has sought for quashing of the proceedings pending in Crime No.419/2017 registered by Parappana Agrahara Police Station for the offences punishable under Sections 406 and 408 IPC on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru.
2. A complaint came to be filed by second respondent alleging that he is a CEO of Coral Group of Companies at Kerala and had appointed first petitioner as CEO in his company – M.J.Infrastructure Private Limited based in Bengaluru and on 05.06.2017, General Manager of the said company had informed him that first petitioner was misusing his position and threatening the office staff of the company and had got transferred a sum of Rs.82,51,700/- to his personal account and another sum of Rs.53,15,000/- to the account of second petitioner (wife of first petitioner). Accordingly, a complaint came to be registered in Crime No.419/2017 before Parappana Agrahara Police Station for the offences punishable under Sections 406 and 408 IPC.
3. Second respondent – complainant has filed an affidavit in the Registry on 11.01.2019 stating thereunder that dispute with accused persons have been settled and as such, he has no objection for proceedings against petitioner being quashed which is pending in Crime No.419/2017. Since complainant was said to be a permanent resident of Ernakulam, learned Advocate appearing for second respondent – complainant had agreed for securing his presence through digital appearance. Accordingly, an order came to be passed by this Court today directing the parties to appear before the Central Project Coordinator (Computers) who has filed a report stating thereunder that second respondent – complainant appeared digitally through video conference and Sri P M. Mathew, learned Advocate appearing for first petitioner as well as Sri Suresh, learned Advocate appearing for second respondent had identified the person who made digital appearance namely, Dr.P.Anil Kumar, s/o Sri Prabhakaran Nair. It is further stated that purpose of video conference was explained to Dr. P Anil Kumar-second respondent-complainant and he had confirmed about swearing of the affidavit dated 14.12.2018 filed by him and along with the contents of said affidavit to be true and correct. It is also reported that he had expressed his comment and no objection for quashing of proceedings pending in Crime No.419/2017 registered by Parappanaha Agrahara Police Station against petitioner. Report submitted by Central Project Coordinator (Computers) is placed on record along with the screen shot enclosed to the said report which is also counter signed by learned Advocates appearing for the parties.
4. Taking into consideration the affidavit filed by second respondent and dicta laid down by Hon’ble Apex Court in NARINDER SINGH AND OTHERS vs STATE OF PUNJAB & ANOTHER reported in (2014)3 SCC (Criminal) 54, this Court is of the considered view that continuation of the proceedings would not serve any purpose particularly when the complainant himself has stated that he does not intend to prosecute the petitioners and even if trial is proceeded with, it would not yield any positive result or it would not result in conviction of the petitioners. Hence, affidavit filed by second respondent - complainant is accepted.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings in Crime No. 419/2017 registered by Parappana Agrahara Police Station against petitioners for the offences punishable under Sections 406 & 408 IPC pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed and petitioners are acquitted of the said offences.
SD/- JUDGE *sp