IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6216/2018 BETWEEN:
G. RAVIK KUMAR AGED ABOUT 62 YEARS S/O K GANGADHARAN R/AT NO.675, 4TH CROSS DOMLUR, BANGALORE-560071. (BY SRI MANOHAR N, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY HALASURU POLICE STATION, BANGALORE-08 REP. BY SPP.
…. PETITIONER 2. M/S LILAC-GUSTOZ REP. BY ITS PROPRIETOR SHANKAR BIDDAPPA ALATHANDA AGED ABOUT 42 YEARS S/O BIDDAPPA A.M. R/AT FLAT NO.G-03 SAI ASHIRVAD RESIDENCY 1ST CROSS, MUNESWARA NAGAR, ITI LAYOUT OLD MANGAMMANAPALYA BOMMANAHALLI BANGALORE-560 068.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH, HCGP FOR R1;
SRI. HARISH GANAPATHY, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.227/2018 IN PURSUANCE TO THE REFERRED THE MATTER BY HON’BLE X ACMM, BANGALORE IN P.C..R.NO.54405/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Manohar N, learned Advocate appearing for petitioner, Sri. S. Chandrashekharaiah, learned HCGP appearing for first respondent and Sri. Harish Ganapathy, learned Advocate appearing for second respondent.
2. Petitioner is the accused in Crime No.227/2018 registered for the offences punishable under Sections 506, 504 and 420 IPC on the basis of complaint lodged by second respondent herein.
3. Complainant-second respondent is said to have entered into sub-lease with petitioner of the premises consisting of second, third, fourth and terrace situated at No.413, 7th Cross, Domlur, Bangalore. On account of non- payment of rents, certain disputes having arisen, second respondent filed a private complaint under Section 200 Cr.P.C alleging that petitioner herein had cheated second respondent. Cognizance of the said complaint was taken by the learned Magistrate and referred the matter for investigation to the jurisdictional police who registered the same in Crime No.227/2018.
4. In the meanwhile, petitioner-accused has filed a suit in O.S.No.5275/2018 for eviction of second respondent which ended in a settlement /compromise by filing a compromise petition under Order XXIII Rule 3 of CPC. A memo is filed enclosing said compromise petition and also copy of the demand draft for Rs.24 Lakhs drawn in favour of second respondent, receipt of which is acknowledged under the compromise petition.
5. Second respondent-complainant as well as petitioner –accused are present before Court. They admit execution of the compromise petition in O.S.No.5275/2018. They have also stated that out of their own and free will, volition and without any force, threat or coercion, they have affixed their signatures to the compromise petition. Parties are also identified by their learned Advocates present before Court and a memo is filed by the learned Advocates appearing for parties enclosing photocopies of the identity cards of the parties issued by Statutory Authorities which are also counter signed by the learned Advocates appearing for both parties.
6. Since Second respondent-complainant submits that he has no objection for quashing of the proceedings and dispute in question being of civil nature, continuation of proceedings against petitioner would be onerous to petitioner-accused and it would not serve any purpose.
7. Hence, I proceed to pass the following;
ORDER (1) Criminal petition is allowed.
(2) Proceedings pending in P.C.R.No.54405/2018 (Crime No.227/2018) before X Additional Chief Metropolitan Magistrate, Bengaluru against petitioner for the alleged offences punishable under Sections 506, 504 and 420 of IPC is hereby quashed and petitioner is acquitted of the aforesaid offences.
SD/- JUDGE RU