IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NOS.45476-45477/2011 (GM-RES) BETWEEN:
1. SMT. NANDINI ALVA W/O. LATE JEEVARAJ ALVA AGED ABOUT 50 YEARS R/AT NO.517 RMV EXTENSION DR. JEEVARAJ ALVA ROAD BANGALORE-560 080 2. SMT. PRIYANKA ALVA W/O. VIVEK OBERAI AGED ABOUT 28 YEARS DIRECTOR OF ALVA PROJECTS OFFICE AT NO.517 RMV EXTENSION BANGALORE-560 080 … PETITIONERS (BY SRI PRABHULING K. NAVADGI, ASSISTANT SOLICITOR GENERAL FOR SRI BASAVARAJ PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER SADASHIVANAGAR POLICE STATION, SADASHIVANAGAR BANGALORE 2. SRI N. VINOD S/O. NAGARAJ MAJOR R/AT NO.131, 1ST MAIN K.G.NAGAR BANGALORE-560 019 …RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1; SRI N.VINOD-PARTY-IN-PERSON) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIRST INFORMATION REPORT FILED BY THE FIRST RESPONDENT DATED 03.12.2011 (ANNEXURE-B) IN CRIME NO.90/2011 AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 506(B), 120B READ WITH SECTION 34 OF IPC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners through their power of attorney and the second respondent have filed a joint memo dated 25.02.2019. The joint memo reads as under:
“The Petitioners and the Respondent No.2 respectfully submit as under:
The present petition is filed seeking quashing of the FIR in Crime No.90/2011 dated 03.12.2011 filed by the Respondent No.1 for offences punishable under sections 406,420, 506(B), 120B read with S.34 of the IPC vide Annexure B and for quashing of order dated 30.11.2011 passed by the IV Additional Chief Metropolitan Magistrate, Bangalore in PCR No.26003/2011 vide Annexure A.
This Hon’ble Court had passed an interim order staying all further proceedings in pursuance of registration of the above mentioned FIR by an order dated 12.12.2011. Under the said order, this Hon’ble Court had also stayed further proceedings in pursuance of FIR No.82/2011 registered by the SadashivaNagar Police, Bangalore filed by the Petitioner No.1 against the Respondent No.2 in respect of a Complaint dated 26.10.2011 for offences u/s.379 and S.406 IPC.
The Petitioner and the Respondent No.2 have now settled the matter amicably in terms of a Memorandum of Settlement filed before this Hon’ble Court and in view of the same it is prayed that this Hon’ble Court may be pleased to quash the proceedings as sought for in the present petition and also be pleased to quash the Complaint dated 26.10.2011 and consequent FIR No.82/2011 and dispose the petition in the interest of justice and equity.”
Since the prayer in the present petitions is confined to quashing of FIR No.90/2011, the memo is partly accepted.
Accordingly, the petitions are allowed. In terms of the said memo, the proceedings arising out of Crime No.90/2011 are quashed.
Sd/- JUDGE LB