IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8468/2018 BETWEEN:
N.C. NANJUNDASWAMY S/O LATE N.C. ARADHYA AGED ABOUT 50 YEARS DOOR NO. 5097-E-BLOCK 2ND STAGE, 5TH MAIN ROAD RAJAJINAGARA BENGALURU – 10.
(BY SRI. S.B. HALLI, ADVOCATE) AND;
...PETITIONER 1. THE STATE OF KARNATAKA AJJAMPURA POLICE STATION TARIKERE - TQ CHIKKAMAGALURU-DIST REPT BY HIGH COURT PP BENGALURU – 01.
2. MALLIKARJUNASWAMY S/O LATE N.C. ARADHYA AGED ABOUT 52 YEARS HUNASAGATTA VILLAGE AMRUTHAPURA HOBLI TARIKERE TQ – 577 228 CHIKKAMAGALURU – DIST.
... RESPONDENTS (BY SRI. CHANDRASHEKARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN PCR NO.5/2008 (CC NO.315/2018) ON THE FILE OF CIVIL JUDGE AND ADDITIONAL JMFC: AT TARIKERE.
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 PCR No.5/2008 (C.C.No.315/2018) registered for the offence punishable under Section 468 of IPC pending on the file of Civil Judge and Additional JMFC, Tarikere, is before this Court for quashing of said proceedings.
2. I have heard the arguments of Sri.S.B.Halli, learned counsel appearing for petitioner, S.Rachaiah, learned HCGP appearing for first respondent-State and Sri.Siddaraju M, learned counsel appearing for second respondent- complainant. Perused the records.
3. Petitioner and second respondent are utrine brothers and second respondent had filed a private complaint under Section 200 Cr.P.C., which came to be numbered as PCR No.5/2008 whereunder he has alleged that their father and mother died intestate leaving behind complainant, accused and one more brother by name Sadashivappa and daughters by name Nanjundamma @ Nirmala Bagirathi and Sujatha. It is further alleged by the complainant that mother Smt. Jayamma had acquired the property bearing Sy.No.163 sitauted at Hunasagatta Village and a house bearing assessment No.113 under a gift deed dated 06.07.1979 and khatha was mutated to her name and on demise of Smt.Jayamma, khatha of the house property was mutated in the joint names of the complainant, accused and Sadashivappa. It is further alleged that complainant and his brother Sadashivappa had not given consent for change of khatha and yet accused by forging their signatures seems to have given a representation to the village Panchayat to change the khatha and as such, he has committed an offence punishable under Section 468 of IPC.
4. On 13.12.2018 a Memorandum of Petition has been filed by the petitioner and second respondent wherein it is stated that they have amicably settled their dispute at the intervention of family members and complainant has no objection for quashing of the proceedings pending against petitioner. An affidavit has also been filed to said effect by both petitioner and second respondent- complainant.
5. Parties are present before Court and they reiterate the contents of memorandum of settlement entered into between parties. Second respondent submits that out of his own free will and volition, without any threat, force or coercion he has affixed his signature to said memorandum of settlement. He also submits that he is not inclined to continue with the complaint lodged by him against petitioner. To establish the identity of parties present before Court, photocopies of the identity cards issued by the statutory authorities has been produced along with a Memo, which is also duly signed by them and in token of having identified them, learned Advocates have also affixed their signature to the said photocopies.
6. Taking into consideration that dispute is amongst family members namely, uterine brothers and they having amicably settled the dispute, continuation of proceedings is not called for as it would be onerous to both parties and it would not yield any fruitful result namely, in conviction of the accused.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending against petitioner in PCR No.5/2008 (C.C.No.315/2018) registered for the offence punishable under Section 468 of IPC on the file of Civil Judge and Additional JMFC, Tarikere, is hereby quashed and petitioner is acquitted of the said offence.
In view of criminal petition having been allowed, I.A.No.1/2018 for stay does not survive for consideration and it is rejected.
SD/- JUDGE DR