IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2575/2019 BETWEEN:
1. M. MADHAVA RAO S/O VENKATAPPAIAH H AGED ABOUT 55 YEARS CO-OWNER, SRI. SHIVA SAI DEVELOPERS, GANDHINAGARA CHALLAKERE, CHITRADURGA DISTRICT - 577 522.
2. K. CHAKRADHARA REDDY S/O BALA REDDY AGED ABOUT 50 YEARS CO-OWNER, SRI. SHIVA SAI DEVELOPERS, GANDHINAGARA CHALLAKERE, CHITRADURGA DISTRICT - 577 522.
3. PRABHAKAR S/O P. VENKATANARAYANA AGED ABOUT 31 YEARS MANAGER, SRI. SHIVA SAI DEVELOPERS, GANDHINAGARA CHALLAKERE, CHITRADURGA DISTRICT - 577 522.
4. RAMESH S/O APPAIAH AGED ABOUT 35 YEARS INCHARGE-MANAGER SRI. SHIVA SAI DEVELOPERS GANDHINAGARA, CHALLAKERE CHITRADURGA DISTRICT - 577 522.
5. LAKSHMINARAYANA S/O LINGAIAH AGED ABOUT 61 YEARS CO-OWNER, SRI. SHIVA SAI DEVELOPERS, GANDHINAGARA CHALLAKERE, CHITRADURGA DISTRICT - 577 522.
6. SATHYANARAYANA S/O R. BHADRAIAH AGED ABOUT 46 YEARS CO-OWNER, SRI. SHIVA SAI DEVELOPERS, GANDHINAGARA CHALLAKERE, CHITRADURGA DISTRICT - 577 522.
... PETITIONERS (BY SRI. S.G. RAJENDRA REDDY., ADVOCATE) AND:
1. THE STATE BY CHALLAKERE POLICE STATION, CHALLAKERE RPTD. BY S.P.P., HIGH COURT BENGALURU - 560 001.
2. YATHEESHA D.V S/O VIRUPAKSHAPPA AGED ABOUT 62 YEARS R/O 1ST MAIN, K.B. EXTENSION DAVANAGERE - 577 005.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. CHANDRASHEKAR PATIL., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CRIME NO.425/2016 BY THE CHALLAKERE POLICE STATION, CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S.420 R/W SEC.34 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, CHALLAKERE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos.1 to 6 in Crime No.425/2016 registered by Challakere Police Station for the offences punishable under Section 420 r/w 34 of IPC are before this Court for quashing of the proceedings.
2. Second respondent/complainant lodged a complaint on 18.10.2016 alleging that petitioners are land developers and they had developed sites near Warriors School, Bangalore Road, Challakere Town under the name and style of “Sri Shiva Sai Developers” by inviting general public to become members of a Scheme by paying monthly installments and pursuant to same petitioners had invested `500/- per month for a period of 60 months by paying amount for 7 sites and neither the petitioners had allotted sites as assured/promised nor had returned the amounts. Hence, alleging that petitioners have been cheated complaint came to be lodged, which complaint came to be registered in Crime No.425/2016.
3. Today a joint memo has been filed by petitioners and second respondent-complainant whereunder it is agreed that dispute between parties has been settled and as such complainant is not interested in prosecuting his complaint lodged against petitioners. Second respondent-complainant who is present before Court has filed an affidavit and reiterates the contents of the affidavit filed and would submit that out of his own free will and volition, without any threat, force or coercion he has affixed his signature to the joint memo. To establish the identity of the parties present before Court, photocopies of identity cards issued by the statutory authority is produced along with the joint memo. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint memo.
4. Petitioners and second respondent- complainant are present before Court and they reiterate the contents of joint memo. In the light of settlement arrived at between parties continuation of proceedings would not serve any fruitful purpose and even if it is taken to its logical end it would not end in conviction as complainant himself has retraced his steps with regard to allegations made in the complaint. As such, this Court is of the view that petitioners are entitled to the relief sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in Crime No.425/2016 registered by Challakere Police Station for the offences punishable under Section 420 r/w 34 of IPC, is hereby quashed and petitioners are acquitted of above said offences.
SD/- JUDGE DR