IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.6087/2019 BETWEEN SMT. DIVYA D/O SRIDHAR MURTHY AGED ABOUT 29 YEARS OCC: CA R/AT FLAT NO.11004, SOBHA ASPIRE APT., NAGASANDRA POST, YESHWANTHAPURA, BANGALURU-560073 (BY SRI DINESHKUMAR RAO K, ADV.) AND 1. THE STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE, BELLANDURU POLICE STATION BANGALORE-560103 (REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560001) 2. VISHWAS, S/O LATE B V RAJASHEKAR REDDY AGED ABOUT 40 YEARS OCC:BUSINESSMAN R/O NO.3004, GROUND FLOOR ...PETITIONER SOBHA CLASSIC APARTMENT HARALURU VILLAGE, SARJAPURA ROAD, BENGALURU-560102.
(BY SRI SHOWRI H.R, HCGP FOR R1, SRI SUDHARSHAN L, ADV. FOR R2.) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER IN CRIME NO.170/2019 OF REGISTRATION OF FIR BELLANDURU POLICE STATION, BENGALURU CITY (REGISTERED FOR OFFENCE P/U/S.506,504,420 AND 408 OF IPC, PENDING ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2.
2. An application is preferred under Section 482 read with Section 320(2)(8) of Cr.P.C. praying to compound the offences in view of the amicable settlement arrived at between the parties.
3. The case of the petitioner is that she was employed as a Chief Financial Officer in the concern run by respondent No.2. On account of certain misgivings, disputes arose and respondent No.2 under a misconception, had lodged the complaint alleging misappropriation of certain amounts and consequently, respondent No.1 – Police registered the FIR against the petitioner in Crime No.170/2019 for the offence punishable under Sections 506, 504, 420 and 408 of IPC.
4. The matter was listed yesterday i.e, 10.12.2019 and a joint affidavit of both, the petitioner and respondent No.2, was filed. The paragraph No.3 of the said affidavit reads as under:
‘3. It is submitted that due to some misunderstanding between the petitioner and respondent No.2 the present compliant came to be filed. Now at the intervention of well wishers and friends the petitioner and respondent no.2 have amicably settled the dispute and respondentno.2 does not intend to proceed with the case/complaint against the petitioner. In view of the settlement arrived respondent no.2 does not intend to proceed with the case/complaint against he petitioner. That both of them have agreed to withdraw any complaints filed against each other before any court or authority with knowledge or without knowledge. Further the petitioner and respondent no.2 would not interfere in either of their affairs or in the filed of work in future. That the settlement arrived between the parties is voluntary and without any undue influence. That respondent no.2 does not intend to proceed with criminal complaint against petitioner and both of them pray that this Hon’ble High Court may be pleased to permit us to compound and quash the proceedings against the petitioner.’ 5. The parties are present before the Court and are identified by their respective counsel.
6. In the light of the settlement arrived at between the parties and in the light of the law laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Another reported in (2012) 10 SCC 303, the parties can be permitted to compound the offence alleged as the victim i.e., respondent No.2 desires to withdraw the complaint and no purpose would be served in directing the prosecution to be carried out to its logical end, as the alleged victim himself desires to withdraw the complaint. Moreover, the complainant being the sufferer and crime not being of the nature that will shock the conscious of the Society and not being a vicious crime, this Court is of the opinion that the instant case is an appropriate case wherein, this Court is required to exercise the inherent powers vested in it under Section 482 of Cr.P.C and thereby allow the petition and quash the proceedings.
Accordingly, the petition is allowed. The FIR registered by respondent No.1 – Police against the petitioner in Crime No.170/2019 stands quashed.
The petition is ordered accordingly.
Sd/- JUDGE dn/-
CT-HR