IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1898/2018 BETWEEN:
M.P. SHAMSHUDEEN S/O THAHIR KUTTY AGED 46 YEARS R/O MANGANDAN PARAMBATHHALLI ANAMANGAD VILLAGE PERINDALMANNA TALUK, MANALAYA POST KERALA – 679 357.
(BY SRI. H.R. NARAYANA RAO., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY INSPECTOR OF POLICE PARAPPANA AGRAHARA POLICE STATION BENGALURU - 560 100 REP: BY STATE PUBLIC PROSECUTOR.
2. MR. ARUN RAJAGOPAL S/O RAJAGOPAL AGED 31 YEARS R/A PLOT NO.102-P ‘D’ BLOCK M.J. LIFESTYLE HOSTILINES CHOODASANDRA, HUSKUR PO ANEKAL TALUK – 560 099.
... RESPONDENTS (BY SRI. CHENNAKESHAVA B.S., ADVOCATE FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.12/2018 REGISTERED BY THE 1ST RESPONDENT AND QUASH ALL FURTHER PROCEEDINGS IN CRIME NO.12/2018 AGAINST THE PETITIONER U/S 420 OF IPC, PENDING ON THE FILE OF 9TH A.C.M.M., AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as accused in Crime No.12/2018 registered for the offence punishable under Section 420 of IPC by Parappana Agrahara Police Station pending on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru, is before this Court for quashing of said proceedings.
2. Today, a joint memo dated 29.01.2019 has been filed by the parties whereunder it is stated that parties have amicably settled their disputes as per the terms set-out in the joint memo. It reads:
“1. The Respondent No.2 and the Petitioner have amicably sorted out the matter and therefore they are filing this Joint Memo.
2. The Petitioner vide interim order dated 12.03.2018 of this Hon’ble Court has deposited a sum of Rs.13,28,650/- (Rupees Thirteen Lakhs Twenty Eight Thousand Six Hundred and Fifty only) as per demand draft bearing No.574001, dated 13.03.2018 drawn on the Federal Bank Ltd. Payable at Bangalore F & I Branch.
3. The petitioner has no objection in releasing a sum of Rs.10,40,700/- (Rupees Ten lakhs Forty Thousand and Seven hundred only) in favour of respondent No:2 from the above referred sum which includes the actual amount of Rs. 9,40,700/- (Rupees Nine lakhs forty thousand Seven hundred only) and a net compensation of Rs. 1,00,000/- (Rupees One Lakh only).
4. The parties herein state that they have agreed to release the balance amount and interest thereof to the petitioner Mr. Shamsudheen which is lying at Registrar General High Court of Karnataka as per the demand draft above referred.”
3. At the time of issuing notice on this petition, an interim order of stay of further proceedings came to be passed on 13.03.2018 and petitioner herein was directed to deposit a sum of `9,40,700/- with interest @ 18% p.a. and pursuant to said order petitioner has deposited a sum of `13,28,650/-, which is in judicial deposit.
4. Petitioner and second respondent- complainant are present before Court and they reiterate the contents of joint memo. Second respondent – Complainant submits that he has no objection for quashing of the proceedings initiated by him against petitioner. He also submits that out of his own free will and volition, without any threat, force or coercion he has affixed his signature to the joint memo. He also submits that he is not inclined to continue with the proceedings initiated by him against petitioner.
5. To establish the identity of second respondent –complainant photocopy of the identity card issued by the statutory authority is produced along with a memo and he is identified by his learned Advocate. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint memo.
6. In the light of aforestated facts and keeping in mind the principles laid down by the Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that in the light of settlement arrived at and complainant having no objection for proceedings initiated by him against petitioner being quashed, continuation of same would be onerous and it would not serve any purpose even if it is taken to its logical end.
Hence, I proceed to pass the following: ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in Crime No.12/2018 registered for the offence punishable under Section 420 of IPC by Parappana Agrahara Police Station pending on the file of IX Addl. Chief Metropolitan Magistrate, Bengaluru, is quashed and petitioner is acquitted of above said offence.
(iii) From out of the amount in deposit, a sum of `10,40,700/- is ordered to be released in favour of second respondent-complainant as agreed to under the joint-memo.
(iv) Registry to issue cheque in favour of second respondent-complainant for the amount aforesaid and balance amount shall be refunded to petitioner forthwith on proper identification of both parties.
SD/- JUDGE DR