IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4602/2017 BETWEEN:
1. Mr.Keerthi Kishore, Son of Mr.B.S.Chandra Shekar, Aged about 32 years, No.13, 3rd Cross, 8th Main, 1st Block East, Jayanagar, Bengaluru – 560 011.
2. Mr.Chandrashekar, Son of late Mr.B.Sreenivasaiah Setty, Aged about 61 years, No.13, 3rd Cross, 8th Main, 1st Block East, Jayanagar, Bengaluru – 560 011.
3. Mrs.Padma, Wife of Mr.B.S.Chandrashekar, Aged about 57 years, No.13, 3rd Cross, 8th Main, 1st Block East, Jayanagar, Bengaluru – 560 011.
4. Mrs.Lakshmi, Wife of Mr.Sharath, Aged about 26 years, Residing at No.657, 2nd Cross, HMT Layout, Ganganagar, Bangalore – 560 032.
5. Mr.Sharath, Son of Mr.S.R.Balakrishna, Aged about 27 years, Residing at No.657, 2nd Cross, HMT Layout, Ganganagar, Bangalore – 560 032.
6. Mr.Shekar, Son of late Mr.S.N.Lakshmaiah Setty, Aged about 54 years, Residing at No.21, 1st Main Road, Hosakerehalli, Bengaluru – 560 085.
7. Mr.Murali, Son of late Mr.S.N.Lakshmaiah Setty, Aged about 52 years, Residing at No.145, 6th Cross, Thyagarajanagara, 2nd Block, 2nd Main, Bengaluru – 560 028. …Petitioners (By Sri. Anand Muttalli, Advocate) AND:
1. State of Karnataka, Through Thilaknagar Police, Bengaluru – 560 011. Represented by S.P.P., 2. Ms. S.V.Shruthi, Daughter of Mr.S.V.Vasudeva Gupta, Aged about 31 years, Residing at No.197, 5th Cross, 1st Main, BHCS Layout, Uttarahalli, Bengaluru – 560 061. ...Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri.Kamaleshwara P., Advocate for R2 (Absent)) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the complaint dated 04.06.2016 and the FIR No.275/2016 dated 05.06.2016 (Annexure- A and B) pending before the II ACMM, Nrupatunga Road, Bangalore For the offences P/U/S 509, 504, 498A, 354B, 149, 420, 506(2), 323, 147, 143, 290(2) of IPC along with Sections 3, 4 of D.P. Act.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioners and learned Addl. SPP for respondent No.1. Counsel for respondent No.2 is absent.
2. Learned counsel for the petitioners has drawn my attention to the settlement arrived at between accused No.1 and respondent No.2/complainant under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, in MC No.2645/2016 dated 03.01.2017. As per Clause II (8) of the said settlement, the parties had undertaken to take appropriate steps before the appropriate authority to quash / close Crime No.274/2016 and Crime No.275/2016 registered in Tilak Nagar Police Station, Bengaluru. Further, the parties had agreed that if any other case were pending before any Court or Authority, they shall not pursue the same.
3. In view of the aforesaid settlement, learned counsel for the petitioners has filed a Memo along with copy of ‘B’ Summary report submitted by the police in Crime No.274/2016 and the order passed by the learned Magistrate accepting the ‘B’ report and closing the proceedings insofar as Crime No.274/2016 in terms of the aforesaid settlement. Whereas, respondent No.2 appears to have not taken steps to close the proceedings in Crime No.275/2016.
4. Learned Addl. SPP appearing for respondent No.1-State submits that even in Crime No.275/2016, police have prepared ‘B’ report, but in view of the stay order issued by this Court, same could not be filed before the Court and further submits that in view of the above facts, the instant proceedings are liable to be quashed.
5. Records indicate that Crime Nos.274/2016 and 275/2016 are arising out of same incident and are registered as case and counter case. In view of the above mutual settlement arrived at between the parties, no purpose will be served in continuing with the prosecution against the petitioners/accused in Crime No.275/2016.
For the said reason, petition is allowed. FIR in Crime No.275/2016 and consequent proceedings arising therefrom are quashed.
Sd/- JUDGE SV