IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION NOs.56018-20/2017(GM-RES) BETWEEN:
SMT. RAJITHAMMA S/O SRI L.GOPALAKRISHNA SINCE DEAD BY LRS.
1.G.K.RAMESH @ BALARAM S/O LATE L.GOPALAKRISHNA AGED ABOUT 43 YEARS RESIDING AT NO.9 KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
2.G.K.UMASHANKAR @ GOKUL RAJ S/O SRI L.GOPALAKRISHNA AGED ABOUT 50 YEARS RESIDING AT NO.9 KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002.
3.G.K.SURESH S/O LATE L.GOPALAKRISHNA AGED ABOUT 47 YEARS RESIDING AT NO.9 KEMPANNA LANE GOKUL COMPLEX, 1ST FLOOR NAGARTHPET BENGALURU - 560 002. ..PETITIONERS (BY SRI SARAVANA S., ADVOCATE FOR SRI D R RAVISHANKAR, ADVOCATE FOR LEX NEXUS) AND:
1.STATE BY UPPARPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.BASANTHKUMAR PATIL S/O T.K.PATIL AGED ABOUT 64 YEARS BASANTH GROUP OF COMPANIES NO.176, GANDHINAGAR BENGALURU - 560 009.
3. PRASANNA KUMAR S/O SHIVALINGAIAH AGED ABOUT 40 YEARS NO.3, 4TH MAIN, GANDHINAGAR, BENGALURU ..RESPONDENTS (BY SRI S. RACHAIAH, HCGP FOR R-1, SRI H.RAMACHANDRA, ADVOCATE FOR SRI. H.R.ANANTHAKRISHNA MURTHY, ADVOCATE FOR R-2 & R- 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO:
QUASH PROCEEDINGS IN C.C.NO.5463/2012 ON THE FILE OF IX ACMM, BENGALURU VIDE ANNEXURE-D, IN TERMS OF THE COMPROMISE ENTERED INTO BETWEEN THE PETITIONERS AND THE R-2 IN F.D.P.NO.25005/2016 AS PER ANNEXURE-B AND THE AWARD PASSED THEREON BY THE LOK ADALATH DATED 17.10.2017 AS PER ANNEXURE- C.
DIRECT THE IX ACMM, BENGALURU, TO RETURN ALL THE ORIGINAL DOCUMENTS TO THE CUSTODY OF THE 1ST PETITIONER AS PER THE COMPROMISE PETITION AND AWARD THEREON PASSED BY THE LOK ADALATH DATED 17.10.2017 VIDE ANNEXURE-C.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioners 1 and 2 present before the Court. Third respondent –Prasanna Kumar is present before the Court. Sri.A.N.Ananthakrishna Murthy has already filed vakalathnama for respondent No.2 and today he files vakalathnama on behalf of respondent No.3. As could be seen from the records, petitioners and respondent No.2 is CW-1 and respondent No.3 is CW-2 in C.C.No.5463/2012 pending on the file of IX ACMM, Bengaluru.
2. Petitioners and 2nd and 3rd respondents have also filed proceedings before the City Civil Judge, Bengaluru in FDP No.25005/2016 wherein they have compromised a civil case by filing a compromise petition. In the said compromise petition certain terms of settlement have been narrated wherein at clause 3 it is categorically admitted between the parties that arising out of a civil dispute, a criminal case is also registered against the petitioners in C.C.No.5463/2012 on the file of IX ACMM, Bengaluru and parties would co-operate for quashing of the said proceedings in view of the compromise. Said compromise has been accepted by the Civil court and civil dispute has also been resolved between the parties. Respondent No.3 present before the Court submit that they have resolved the dispute amongst themselves and offence under Section 420 read with Section 120B and 34 of IPC is non- compoundable and it is neither punishable for imprisonment for life and in view of compromise, there is no impediment to quash the proceedings.
Hence, the following:
ORDER (i) Writ petitions are allowed.
(ii) Compromise between the parties is hereby accepted. Consequently, all further proceedings against the petitioners in C.C.No.5463/2012 pending on the file of IX ACMM, Bengaluru is hereby quashed.
Sd/- JUDGE SBN