IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.8901 OF 2018 BETWEEN:
DHREEJ PRABHU S/O PETER PRABHU AGED ABOUT 37 YEARS DIRECTOR, SKYLINE CONSTRUCTION PRIVATE LIMITED, NO.11, HAYS ROAD, NEAR RICHMOND CIRCLE, BENGALURU – 560 025.
ALSO AT:
R/O 78, LAVELY ROAD, BENGALURU – 560 025. ...PETITIONER (By Sri KARTHIK.T.H., (NOC), ADVOCATE) AND:
MR.PANDURANGA PRABHU, S/O LATE D.A.NARASIMHA PRABHU, AGED ABOUT 74 YEARS, ‘SRI GANESH KRIPA’, S.V.S. SCHOOL ROAD, BANTWALA, DAKSHINA KANNADA, PIN – 574 211. ...RESPONDENT (BY SRI P.P.HEGDE, ADVOCATE) THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 18.03.2016 TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 R/W 34 OF IPC AND THE ORDER DATED 28.08.2017 ISSUING PROCESS AGAINST THE PETITIONER HEREIN AND ALL THE FURTHER PROCEEDINGS PURSUANT TO THE SAME PENDING ON THE FILE OF THE COURT OF THE J.M.F.C.II COURT AT MANGALURU, D.K., IN PCR NO.193/2014.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, petitioner has sought for the following relief:
“Wherefore, the petitioner humbly prays that this Hon’ble Court be pleased to set aside the order dated 28.08.2017 issuing process against the petitioner, for the offences punishable under Section 406 and 420 of IPC pending on the file of the Court of the JMFC (II Court), Mangaluru, D.K. in PCR No.193/2014 subsequently registered as C.C.No.2917/2017, in the interest of justice and equity”.
2. The respondent has initiated criminal proceedings against the petitioner arising out of certain transactions relating to sale consideration of an Apartment.
3. During the pendency of the present petition, parties have entered into a compromise. To that extent, a joint memo has been filed along with an affidavit dated 24.09.2019.
4. Accordingly, the petition is allowed and the order dated 28.08.2017 issuing process against the petitioner, for the offences punishable under Section 406 and 420 of the Indian Penal Code, pending on the file of the Court of the J.M.F.C. (II Court), Mangaluru, Dakshina Kannada in PCR No.193 of 2014 subsequently registered as C.C.No.2917 of 2017 is set aside, in terms of the joint memo filed by the parties read with an affidavit.
Sd/- JUDGE DH