IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.520 OF 2018 BETWEEN:
1. LAKSHMAMMA @ LAKSHMI W/O NAGESH AGED ABOUT 41 YEARS 2. NAGESH S/O LATE SHIVAPPA AGED ABOUT 51 YEARS BOTH RESIDING AT NO.3589/1 M-5, 6TH CROSS, TILAK NAGAR MYSORE-570 001 … PETITIONERS (BY SHRI. G.B. SHARATH GOWDA, ADVOCATE FOR SHRI. A. DHARMESH, ADVOCATE) AND:
1. STATE OF KARNATAKA BY MANDI P. S 1499/3, KABIR RD DEVARAJA MOHALLA MANDI MOHALLA MYSURU-570 001 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT, BANGALORE-560 001 2. SRI. RAVI S/O LATE SRI. GANGADHARAIAH AGED ABOUT 50 YEARS RESIDING AT D.NO.3589/1 6TH CROSS, TILAKNAGAR MYSORE-570 001 ALSO RESIDING AT MALAVALLI MANDYA TALUK-571 430 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1;
SHRI. NARAYAN MAYYAR, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH CHARGE SHEET IN C.C.NO. 2655/2012 ON THE FILE OF THE PRL. CIVIL JUDGE (Sr.Dn) AND C.J.M., MYSURU REGISTERED FOR THE OFFENCES P/U/Ss 464, 465, 466, 467, 468, 471 & 213 OF IPC CONSEQUENTLY ENTIRE PROCEEDINGS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri G.B. Sharath Gowda, learned advocate for the petitioners, Smt. K.P. Yashodha, learned HCGP for the State and Shri Narayan Mayyar, learned advocate for respondent No.2.
2. Respondent No.2 filed a private complaint registered as PCR.No.20/2010 alleging that petitioners had fabricated a “Will” purported to have been executed by complainant’s grandmother Late Smt. Lakshmamma. Learned Magistrate referred the case for investigation under Section 156(3) of Cr.P.C. After investigation, police have filed the charge sheet. After filing the private complaint, respondent No.2 has also filed a suit for partition in O.S.No.399/2011 on the file of I Additional Civil Judge (Sr.Dn.), Mysuru. The suit has been disposed of as per consent terms recorded in Memorandum of Agreement under Section 89 of CPC. The said decree has attained finality. Petitioners and respondent No.2 have filed a joint affidavit stating that dispute has been amicably resolved between the parties and respondent No.2 has no claim against the petitioners. Respondent no.2 does not wish to prosecute the criminal case any further.
3. Learned advocates for the petitioners and respondent No.2 jointly pray that this petition be disposed of in terms of settlement recorded in the Joint Affidavit.
4. Petitioners and second respondent are present and identified by their respective advocates. The Joint Affidavit is signed by the petitioners, respondent No.2 and their respective advocates.
5. Both petitioners and respondent No.2 admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
”JOINT AFFIDAVIT We, Lakshmamma, W/o Nagesh, Aged about 42years,R/a No. 3589/1, M-5, 6th Cross, Tilak Nagar, Mysore, Nagesh S/o Late Shivappa, Aged about 49 years,R/a No. 3589/1, M- 5, 6th Cross, Tilak Nagar, Mysore, Sri. Ravi, S/o Late Sri Gangadharaiah, Aged about 50 years, Residing at D No.3589/1, 6th Cross, Tilaknagar, Mysore-570001, presently in Bangalore, do hereby solemly affirm and state on oath as follows:
1. We re parties to the above proceedigns and we are award of the facts and circumstances of the case, hence deposing hereto.
2. We state that the petitioner herein has filed the above petition seeking quashing of the chargesheet in CC.No.2655/2012 on the file of I Addl. Civil Judge (sr. dn.) & Chief Judicial Magistrate, Mysore and consequently to quash the entire proceedings.
3. We sate that the complainant filed a private complaint in PCR No.20/2010 on the file of I Addl. Civil Judge (Sr. Dn.) & Chief Judicial Magistrate, Mysore, alleging that the petitioners herein impersonated his grandmother Late Lakshmamma and forged a will where under the property bearing no. 3589/1,7th cross, Tilak Nagar, Mandi Mohalla, Mysore was bequeathed to the first petitioner. Based on the said will, the Khata and the revenue entries of the said property were transferred to the name of first petitioner and thereby have committed an offence punishable under section 213, 420, 464, 468 of IPC. The learned magistrate upon receipt of complaint referred the same to 1st Respondent under Section 156(3) of Cr.P.C for investigation vide order dated 27.09.2012. In compliance of the said order, the 1st Respondent registered a case in Crime No. 12/2011 for offences punishable under section 213, 420, 464 of IPC by arraying petitioners as Accused no. 1 & 2 respectively.
4. The 1st Respondent police after investigation filed charge sheet for offences punishable under section 464, 465, 466, 467, 468, 471 & 213 of IPC against petitioners. The Learned I Additional Civil Judge (senior division) & Chief Judicial Magistrate, Mysore took cognizance of the said offences and registered case in CC No. 2655/2012.
5. It’s further submitted that, the 2nd Respondent along with one Jayamma had also filed a suit for partition in OS No. 399/2011 on the file of I Additional Civil Judge (senior division) & Chief Judicial Magistrate, Mysore with respect to the aforesaid property. The said suit was referred to mediation. At the intervention of the mediator, relatives and common friends, the Petitioners and the Respondent No.2 have resolved to amicably settle the dispute vide memorandum of settlement dated 20.12.2013.
WHEREFORE, it is humbly prayed that this Hon’ble Court may be pleased to accept this compromise between the parties and quash charge sheet in CC no.2655/2012 on the file of I Additional Civil Judge (senior division) & Chief Judicial Magistrate, Mysore and consequently quash the entire proceedings to meet the ends of justice and equity.” (sic) 6. Admittedly, parties are close relatives and have settled their dispute in the Partition Suit. Hence, no useful purpose would be served, particularly, when the complainant has filed an affidavit stating that he does not wish to prosecute the criminal case any further. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C.No.2655/2012 pending on the file of I Additional Civil Judge (Sr.Dn.) & CJM, Mysuru are quashed.
7. Petition is disposed of accordingly.
No costs.
Sd/- JUDGE AV