IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8754/2018 A/W CRIMINAL PETITION NO.8753/2018 IN CRL.P.NO.8754/2018:
BETWEEN:
MR.PRAMOD JANARDHAN RAO S/O. JANARDHAN RAO, AGED ABOUT 41 YEARS, MANAGING DIRECTOR, M/S.MAITHRI AUTO MOBILES PVT. LTD., SHRI SAI COMPLEX, NH-17, BYE-PASS, HEJAMADI VILLAGE AND POST, UDUPI TALUK, UDUPI DISTRICT-582101 PERMANENT RESIDENT OF NO.1802-ATHRI TOWER CO.OP. HOUSING SOCIETY LTD., SAPTARASHI PARK, MULUND(WEST), MUMBAI-400 080 (BY SRI.K.B.K.SWAMY, ADVOCATE) AND:
...PETITIONER 1. STATE BY PADUBIDRI POLICE STATION KAPU CIRCLE UDUPI TALUK & DISTRICT, PIN-57411 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560 001 2. PRASAD JANARDHAN RAO S/O. JANARDHAN RAO, AGED ABOUT 45 YEARS, E RESIDINT OF NO “OLD AGE HOME” REGISTERED 76 BADAGABETTU, BAILOOR, HANUMAN GARAGE ROAD, HEJAMADI VILLAGE AND POST, UDUPI TALUK & DISTRICT PIN – AND ALSO AVAILABLE AT M/S. MAITHRI AUTO MOBILES PVT. LTD., SHRI SAI COMPLEX, NH-17, BYE-PASS, HEJAMADI VILLAGE AND POST, UDUPI TALUK & DISTRICT, PIN-56000 ... RESPONDENTS (BY SRI.S.CHANDRASHEKHARAIAH, HCGP FOR R-1; SRI. NAGARAJ B.GADAKAR, ADV. FOR R-2) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.209/2010 (NOW C.C.NO.45/2017) REGISTERED BY PADUBIDRI POLICE STAITON, KAPU CIRCLE, UDUPI TALUK AND DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 448, 420, 380 OF IPC NOW PENDING ON THE FILE OF THE HON’BLE ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI.
IN CRL.P.NO.8753/2018: BETWEEN:
MR.PRAMOD JANARDHAN RAO S/O. JANARDHAN RAO, AGED ABOUT 41 YEARS, MANAGING DIRECTOR, M/S.MAITHRI AUTO MOBILES PVT. LTD., SHRI SAI COMPLEX, NH-17, BYE-PASS, HEJAMADI VILLAGE AND POST, UDUPI TALUK, UDUPI DISTRICT-582101 PERMANENT RESIDENT OF NO.1802-ATHRI TOWER CO.OP. HOUSING SOCIETY LTD., SAPTARASHI PARK, MULUND(WEST), MUMBAI-400 080 (BY SRI.K.B.K.SWAMY, ADVOCATE) AND:
... PETITIONER 1. STATE BY PADUBIDRI POLICE STATION KAPU CIRCLE UDUPI TALUK & DISTRICT, PIN-57411 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560 001 2. PRASAD JANARDHAN RAO S/O. JANARDHAN RAO, AGED ABOUT 45 YEARS, E RESIDINT OF NO “OLD AGE HOME” REGISTERED 76 BADAGABETTU, BAILOOR, HANUMAN GARAGE ROAD, HEJAMADI VILLAGE AND POST, UDUPI TALUK & DISTRICT PIN – AND ALSO AVAILABLE AT M/S. MAITHRI AUTO MOBILES PVT. LTD., SHRI SAI COMPLEX, NH-17, BYE-PASS, HEJAMADI VILLAGE AND POST, UDUPI TALUK & DISTRICT, PIN-56000 ...RESPONDENTS (BY SRI.S.CHANDRASHEKHARAIAH, HCGP FOR R-1; SRI. NAGARAJ B. GADAKAR, ADV. FOR R-2) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.91/2011 (NOW C.C.NO.41/2017) REGISTERED BY PADUBIDRI POLICE STAITON, KAPU CIRCLE, UDUPI TALUK AND DISTRICT FOR THE OFFENCES P/U/S 420, 468, 471 OF IPC NOW PENDING ON THE FILE OF THE HON’BLE ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, UDUPI.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two petitions are taken up together since petitioner and complainant being one and the same.
2. Heard Sri.K.B.K.Swamy, learned counsel appearing for petitioner and Sri.S.Chandrashekharaiah, learned HCGP appearing for first respondent-State and Sri.Nagaraj B.Gadakar, learned counsel appearing for second respondent. Perused the records.
3. Petitioner and complainant are uterine brothers. Petitioner in both these cases lodged a complaint against second respondent alleging that second respondent-accused has created a lease agreement in the name of his father by forging the signatures. A complaint also came to be filed alleging that accused has concocted a power of attorney of his father and trespassed into the business premises and threatened the employees of business concern.
4. Insofar as complaint lodged by the petitioner before first respondent came to be registered in FIR No.94/2011 for the offence punishable under Sections 420, 468, 471 of IPC and after investigation charge sheet came to be filed in C.C.No.41/2017 for the offences punishable under Section 420, 468 and 471 of IPC. Insofar as, private complaint which came to be filed by complainant is concerned, matter came to be referred for investigation under Section 156(3) Cr.P.C. by learned Magistrate and after investigation jurisdictional police have filed charge sheet in C.C.No.45/2017 and both these cases are pending on the file of Addl. Senior Civil Judge and ACJM, Udupi.
5. Second respondent also instituted a suit for partition in O.S.No.2/2014 and in the said suit petitioner and second respondent have settled their dispute amicably by entering into a compromise by filing a compromise petition under Order 23 Rule 3 of CPC vide Annexure-E. In the light of said compromise having been entered into, petitioner, who is the complainant has sought for quashing of proceedings contending continuation of criminal cases would not be justifiable on account of compromise having been entered into between parties and as such, he seeks for quashing of both proceedings, which are pending against second respondent.
6. A joint affidavit is also filed today in both the petitions reiterating such settlement having been arrived at between them and complainant has also no objection for proceedings being quashed.
7. Parties are present before Court and they have reiterated the contents of the joint affidavit. Complainant submit that out of his own free will and volition, without any force, threat or coercion he has affixed his signature to the joint affidavit. To establish the identities of the parties, photocopies of identity cards issued by the statutory authority is produced along with joint affidavit. In token of having identified the parties present before Court, learned Advocates have also affixed their signatures to the joint affidavit. Hence, this Court finds there is no impediment to accept the said joint affidavit and same stands accepted.
Hence, I proceed to pass the following:
ORDER (i) Criminal petitions are allowed.
(ii) Proceedings pending in C.C.No.41/2017 (Crime No.91/2011) registered by Padubidri Police Station for the offences punishable under Sections 420, 468, 471 of IPC on the file of Addl. Senior Civil Judge and ACJM, Udupi and proceedings in C.C.No.45/2017 (Crime No.209/2010) registered by Padubidri Police Station for the offences punishable under Sections 448, 420, 380 of IPC on the file of Addl. Senior Civil Judge and ACJM, Udupi, against second respondent are hereby quashed and second respondent is acquitted of the said offences.
SD/- JUDGE DR