IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION Nos.56013-17/2017 & WRIT PETITION No.56102/2017(GM-RES) BETWEEN:
1.G.K.UMASHANKAR @ GOKUL RAJ S/O SRI L.GOPALAKRISHNA AGED ABOUT 50 YEARS NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
2.G.K.SURESH S/O LATE L.GOPALAKRISHNA AGED ABOUT 47 YEARS RESIDING AT NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002. 3.G.K.RAMESH @ BALARAM S/O LATE L.GOPALAKRISHNA AGED ABOUT 43 YEARS RESIDING AT NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
4.SMT.NANDITHA W/O G.K.SURESH AGED ABOUT 40 YEARS RESIDING AT NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
5.SMT.PARVATHI W/O G.K.UMASHANKAR AGED ABOUT 46 YEARS RESIDING AT NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
6.SMT.SONASHRI W/O G.K.RAMESH AGED ABOUT 36 YEARS RESIDING AT NO.9, KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002. ..PETITIONERS (BY SRI SARAVANA S., ADVOCATE FOR SRI D R RAVISHANKAR, ADVOCATE FOR LEX NEXUS) AND:
1.STATE BY UPPARPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.BASANTHKUMAR PATIL S/O T.K.PATIL AGED ABOUT 64 YEARS BASANTH GROUP OF COMPANIES NO.176, GANDHINAGAR BENGALURU - 560 009. ..RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R-1, SRI.H.RAMACHANDRA, ADVOCATE FOR SRI.H.R.ANANTHAKRISHNA MURTHY, ADVOCATE FOR R-2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO:
QUASH PROCEEDINGS IN C.C.NO.325/2012 ON THE FILE OF V ACMM, BENGALURU VIDE ANNEXURE-D, IN TERMS OF THE COMPROMISE ENTERED INTO BETWEEN THE PETITIONERS AND THE R-2 IN F.D.P.NO.25002/2016 AS PER ANNEXURE-B AND THE AWARD PASSED THEREON BY THE LOK ADALATH DATED 17.10.2017 AS PER ANNEXURE- C.
DIRECT THE V ACMM, BENGALURU, TO RETURN ALL THE ORIGINAL DOCUMENTS TO THE CUSTODY OF THE 1ST PETITIONER AS PER THE COMPROMISE PETITION AND AWARD THEREON PASSED BY THE LOK ADALATH DATED 17.10.2017 VIDE ANNEXURE-C.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioners 1 and 3 present. Respondent No.2 is represented by a counsel Sri.H.R.Anantha Krishna Murthy.
2. Both the learned counsels for the parties submit that the parties have entered into compromise in FDP No.25002/2016 on the file of City Civil Judge, Bengaluru. Under the terms of understanding at clause No.3 of terms of settlement, it is categorically stated that a criminal complaint has also been lodged by the second respondent in C.C.No.325/2012 which is pending on the file of V ACMM, Bengaluru and second respondent has also filed another case which upon filing charge sheet and taking cognizance is numbered as C.C.No.5463/2012.
3. Parties agree for compromising said criminal cases also and respondent No.2 would assist the petitioners for quashing of the said proceedings as some of the offences are non-compoundable in nature. Said compromise terms has been accepted by the Civil Court and parties have settled the matter in the Civil Proceedings.
4. On the above said circumstances, there is no impediment to quash the further proceedings as offences alleged under Sections 504 and 506 of IPC are non- compoundable. Allowing the compromise of the parties it will not have any social impact because it is truly personal between the parties.
5. Under the above said circumstances, following order is passed:
ORDER (i) Writ Petitions are allowed recording the compromise between the parties and consequently further proceedings against the petitioners in C.C.No.325/2012 for the offence punishable under Sections 504 and 506 of IPC pending on the file of V ACMM, Bengaluru is quashed.
(ii) Trial court is hereby directed to return the original documents seized in the case from the petitioners.
Sd/- JUDGE SBN