1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.400 OF 2019 Between:
1. Mr.Deepak Chhabria, S/o. Sri. Manohar Lal Chhabria, Aged about 49 years, Director of RMZ Azure Projects Pvt. Ltd., Bellary Road, Bengaluru City,R/o. Flat No.606, Prestige Acropolis, Olympus 3, No.20,Hosur Road, Bengaluru-560 029.
2. Mr.Arshdeep Singh Sethi, S/o. Sri. G.S.Sethi, Aged about 46 years, Director of RMZ Azure Projects Pvt. Ltd., Bellary Road, Bengaluru City, Residing at “RMZ Lattitude”, Apartment No.B-704, Tower B, Bellary Road, Hebbal, Bengaluru-560 095.
(By Sri. Prakash.B.N, Adv.,) …Petitioners And:
1. State of Karnataka, Through the Station House Officer, Amruthahally Police Station, Sampigehalli Sub-Division, Bengaluru-560 092.
2. The Assistant Executive Engineer, Kodigehalli Sub Division, BBMP, Kodigehalli, Bengaluru-560 092.
... Respondents (By Sri. S. Chandrashekaraiah, HCGP for R1; Sri. Srinidhi, Adv., for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the FIR registered by the 1st respondent Amruthahalli Police Station, Sampigehalli Sub Division in Cr.No.206/2018 on the file of C.M.M., Bengaluru filed against the petitioners herein vide Annexure-A.
This Petition coming on for orders this day, the Court made the following:
ORDER Though matter is listed for hearing on I.A.1/19, by consent of learned advocates appearing on both sides, it is taken up for final disposal.
2. Petitioners are accused in Crime No.206/2018 which proceedings are pending on the file of the C.M.M., Bengaluru. The basis for registration of the said F.I.R was on account of complaint lodged by the respondent-BBMP before the jurisdictional police alleging that slabs put up by the respondent-BBMP covering the drainage situated in front of M/s. RMZ Azure Projects Private Limited had been damaged by the petitioners resulting in overflowing of drain water on the road causing damage to the public road and also problem to pedestrians. As such for the offence punishable under Section 3 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 and Section 427 of IPC, FIR came to be registered against petitioners.
3. This Court on 18/02/2019 had passed the following order;
“ The only issue which arises for consideration of the petition is whether the existence of storm water drain at the project known and called as “ RMZ AZURE” property bearing BBMP katha No.54/732/450/1 in Sy.No.48/4 has been made contrary to the bylaws and whether said storm water drain would meet the requirement under the building to be constructed or not”?
Hence, this Court directed that a joint inspection be conducted by the officials of the respondent- BBMP and petitioners and ordered the matter to be listed today.
4. Sri. Srinidhi, learned counsel for respondent No.2 –BBMP has submitted that as ordered by this Court, a joint inspection was conducted and petitioners have agreed to the terms as indicated in the joint inspection report. The terms so agreed upon by the petitioners with regard to drainage situated in front of the commercial complex M/s. RMZ Azure Projects Private Limited reads as follows;
“ 1. Entire expenditure towards the said work shall be borne by M/s.RMZ AZURE PROJECTS PRIVATE LTD.
2. They shall have no ownership right over the said work place.
3. While strengthening the existing drainage wall for entry, alignment of the existing drainage shall not be changed.
4. While strengthening the drainage for entry, care shall be taken that, no damage is caused even if heavy vehicles ply on it and also the extent of the drainage is not reduced and slope shall be formed for free flow of rain water.”
5. Mr. Prakash B.N, learned counsel appearing for the petitioners has submitted that joint inspection was conducted on 23/02/2019 and spot panchanama was also drawn and the conditions stipulated therein as per the said panchanama has been agreed upon to be complied with by the petitioners.
6. In the light of the fact that the issue relates to covering the existing drainage with proper care and caution by the petitioners and also undertaking given before this court that conditions stipulated under the joint inspection conducted on 23/02/2019 would be complied with by the petitioners- company through its officials, this Court is of the considered view that initiation of continuation proceedings against the petitioners would not be in the interest of justice and it would be waste of precious judicial time. However, to allay the apprehension of the respondent-BBMP that under the guise of compliance of the directions agreed under the joint inspection conducted on 23/02/2019, petitioners are likely not to implement the same, it would be appropriate to reserve liberty to the respondent-BBMP to seek recall of this order in the event of petitioners-company not complying with the undertaking as stated in the joint inspection report dated 22/03/2019. Hence, I proceed to pass the following;
ORDER Criminal petition is allowed and proceedings initiated against the petitioners in Crime No.206/18 registered by Amruthahally Police Station for the offence punishable under Section 3 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 and Section 427 of IPC is hereby quashed, with liberty to the respondent-BBMP to seek recall of the order in the event of conditions imposed by BBMP on petitioners is not complied with, as observed herein above.
In view of the petition being disposed of, I.A.1/19 for stay does not survive for consideration and it stands disposed of.
SD/- JUDGE Msu