IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.3446/2017 C/W CRIMINAL PETITION NOs.3447/2017, 3443/2017 AND 3444/2017 IN CRL.P. NO.3446/2017: BETWEEN:
SACHIN V. MISAL AGED ABOUT 35 YEARS RESIDING AT C-204 SHUBH SHAGUN COMPLEX PLOT NO.29, 30, 31 SECTOR 34, KAMOTHE NAVI MUMBAI - 410 209.
(BY SRI. M.S. SHYAMSUNDAR., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE POLICE INSPECTOR HALASUR POLICE STATION BENGALURU - 560 008.
2. HIMAYATH ALI KHAN S/O GULZAR ALI KHAN AGED ABOUT 51 YEARS RESIDING AT: NO. 393 SECOND MAIN ROAD 1ST BLOCK, R.T. NAGAR BENGALURU - 560 032.
... PETITIONER (BY SRI. RACHAIAH., HCGP FOR R-1; SRI. RAHUL CARIAPPA., ADVOCATE FOR ... RESPONDENTS SRI. M.G.S. KAMAL., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.R.NO.2077/2017 (CERTIFIED COPY OF THE P.C.R. AND THE ORDER SHEET MAINTAINED THEREIN PRODUCED AT ANNEXURE-A AND B RESPECTIVELY) ON THE FILE OF IV ADDL.C.M.M., BANGALORE INCLUDING THE ORDER DATED:14.02.2017 PASSED BY THE MAGISTRATE REFERRING THE MATTER TO INVESTIGATION AND QUASH THE FIR REGISTERED AS CR.NO.60/2017 (CERTIFIED COPY OF FIR PRODUCED AT ANNEXURE-C) WITH HALASUR POLICE STATION (RESPONDENT NO.1) ON THE FILE OF IV ADDL.C.M.M., BANGALORE.
IN CRL.P. NO.3447/2017: BETWEEN:
1. MOHAMED FAROUK SULEMAN DARVESH, AGED 64 YEAR S/O LATE SULEMAN MIYA AHMED DARVESH RESIDING AT HOOR MANZIL, 7 PERRY CROSS ROAD, LBANDRA (WEST) MUMBAI - 400 050.
2. EBRAHIM SULEMAN DARVESH AGED 59 YEARS S/O LATE SULEMAN MIYA AHMED DARVESH, RESIDING AT HOOR MANZIL, 7, PERRY CROSS ROAD BANDRA (WEST), MUMBAI - 400 050.
3. YAHYA FAROUK DARVESH AGED 34 YEARS S/O MOHAMED FAROUK SULEMAN DARVESH RESIDING AWT HOOR MANZIL 7, PERRY CROSS ROAD BADRA (WEST), MUMBAI - 400 050.
4. MANOHARLAL SATRAMDAS AGICHA, AGED 71 YEARS S/O LATE SATRAMDAS SADHURAM AGICHA RESIDING AT "THE AGICHA’S" 6, MASTER VINAYAK ROAD BANDRA (WEST) MUMBAI - 400 050.
5. SRICHAND SATRAMDAS AGICHA, AGED 64 YEARS S/O LATE SATRAMDAS SADHURAM AGICHA, RESIDING AT "THE AGICHA S", 6 MASTER VINAYAK ROAD BANDRA, (WEST) MUMBAI - 400 050.
6. SIDARRTHA SRICHAND AGICHA, AGED 33 YEARS S/O SRICHAND, SATRAMDAS AGICHA, RESIDING AT "THE AGICHA S", 6, MASTER VINAYAK ROAD, BANDRA (WEST) MUMBAI - 400 050.
... PETITIONERS (BY SRI. ADITYA VIKRAM BHAT., ADVOCATE SRI. AMOGH C.A., ADVOCATE FOR SRI. ANIND THOMAS., ADVOCATE) AND:
1. STATE OF KARNATAKA BY HALASURU POLICE STATION CAMBIRDGE ROAD, JOGUPALYA ULSOOR, BENGALURU – 560 008 THROUGH PUBLIC PROSECUTOR 2. HIMAYATH ALI KHAN AGED ABOUT 51 YEARS S/O GULZAR ALI KHAN RESIDING AT NO.393 2ND MAIN ROAD 1ST BLOCK, R.T. NAGAR BENGALURU – 560 032.
(BY SRI. S. RACHAIAH., HCGP FOR R-1) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED:14.02.2017 FILED BY THE RESPONDENT NO.2 BEFORE THE IV ADDL.C.M.M., BANGALORE AND NUMBERED AS P.C.R.NO.2077/2017 (ANNEXURE-A) AND QUASH THE ENTIRE PROCEEDINGS INCLUDING ORDER DATED:14.02.2017 ISSUED BY THE IV ADDL.C.M.M., BANGALORE PURPORTEDLY UNDER SEC. 156(3) OF CR.P.C. DIRECTING AN INVESTIGATION (ANNEXURE-B).
IN CRL.P. NO.3443/2017: BETWEEN:
KAVITA RAMESH RATHI AGED ABOUT 32 YEARS D/O OF RAMESH RATHI RESIDING AT A 202 PRAJAKTA CHSL, TPS ROAD BORIVALI (WEST) MUMBAI - 400 092.
(BY SRI. PRADEEP NAYAK., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE POLICE INSPECTOR HALASUR POLICE STATION BENGALURU - 560 008.
... PETITIONER 2. HIMAYATH ALI KHAN S/O GULZAR ALI KHAN AGED ABOUT 51 YEARS RESIDING AT NO. 393 SECOND MAIN ROAD 1ST BLOCK, R.T. NAGAR BENGALURU - 560 032.
... RESPONDENTS (BY SRI. RAHUL CARIAYAPPA., ADVOCATE FOR SRI. M.G.S. KAMAL., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.R.NO.2077/2017 (CERTIFIED COPY OF THE P.C.R. AND THE ORDER SHEET MAINTAINED THEREIN PRODUCED AT ANNEXURE-A AND B RESPECTIVELY) ON THE FILE OF IV ADDL.C.M.M., BANGALORE INCLUDING THE ORDER DATED:14.02.2017 PASSED BY THE MAGISTRATE REFERRING THE MATTER TO INVESTIGATION AND QUASH THE FIR REGISTERED AS CR.NO.60/2017 (CERTIFIED COPY OF FIR PRODUCED AT ANNEXURE-C) WITH HALASUR POLICE STATION RESPONDENT NO.1) IN CRL.P. NO.3444/2017: BETWEEN:
SACHIN SHETYE S/O SHRINIWAS SHETYE AGED ABOUT 49 YEARS RESIDING AT NO.501 NARAYAN NIWAS CHEMBUR, MUMBAI - 400 071.
... PETITIONER (BY SRI. PRADEEP NAYAK., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY:
THE POLICE INSPECTOR HALASUR POLICE STATION BENGALURU - 560 008.
2. HIMAYATH ALI KHAN S/O GULZAR ALI KHAN AGED ABOUT 51 YEARS RESIDING AT: NO.393 SECOND MAIN ROAD 1ST BLOCK, R.T. NAGAR BENGALURU - 560 032.
... RESPONDENTS (BY SRI. RAHUL CARIAPPA., ADVOCATEFOR SRI. M.G.S. KAMAL., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.R.NO.2077/2017 (CERTIFIED COPY OF THE P.C.R. AND THE ORDER SHEET MAINTAINED THEREIN PRODUCED AT ANNEXURE-A AND B RESPECTIVELY) ON THE FILE OF IV ADDL.C.M.M., BANGALORE INCLUDING THE ORDER DATED:14.02.2017 PASSED BY THE MAGISTRATE REFERRING THE MATTER TO INVESTIGATION AND QUASH THE FIR REGISTERED AS CR.NO.60/2017 (CERTIFIED COPY OF FIR PRODUCED AT ANNEXURE-C) WITH HALASUR POLICE STATION (RESPONDENT NO.1) THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions have been filed by accused in Crime No.60/2017 arising out of PCR No. 2077/2017 registered for the offences punishable under Sections 120B, 193, 379, 403, 406, 408, 409, 417, 420, 463, 465, 468, 471, 472, 476, 477A of IPC pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru and petitioners are seeking for quashing of the said proceedings.
2. Second respondent in all these petitions filed a company petition in C.P.No.10/2016 before the National Company Law Tribunal under Section 59 of the Companies Act, 2013 and respective petitioners in all these petitions are said to have filed certain documents in support of objections filed to the petition and alleging said documents filed by the petitioners are fabricated and concocted a private complaint came to be filed in PCR No. 2077/2017 by second respondent on the basis of which the learned Magistrate has referred the complaint to the jurisdictional police under Section 156(3) of Cr.P.C., for investigation who have registered FIR in Crime No.60/2017 against petitioners for aforestated offences. At the time of issuing notice to the respondent/complainant proceedings before the learned Magistrate came to be stayed by this Court.
3. Today, joint memos have been filed in the petition, which is also duly signed by the petitioners as well as second respondent/ complainant stating thereunder that disputes and differences had arisen between parties due to series of misunderstanding and they have been amicably settled and all such disputes and differences have been settled between them and agreed to be waived and withdrawn and as such second respondent has stated that he has agreed and consented to withdraw all proceedings initiated by him against petitioners including the present private complaint filed in PCR No.2077/2017. Second respondent has also filed an affidavit to the said effect reiterating contents of the joint memos. Second respondent, who is present before Court submits that out of his own will and without any force, threat or coercion he has affixed his signature to the joint memos. To establish his identity a memo is filed enclosing photocopy of the identity card issued by the statutory authorities, which is duly counter signed by the learned Counsel representing him.
4. Hence, this Court finds there is no impediment to accept the joint memos as well as affidavits filed by second respondent/complainant. This Court is of the considered view that dispute between parties is of commercial in nature, which has now been amicably settled by them and as such continuation of proceedings against petitioners would be an abuse of process of law and it would not sub- serve the ends of justice. That apart, continuation of proceedings pending against petitioners before trial Court would only be an empty formality since complainant himself has sought for quashing of the proceedings and as such he would definitely not support the case of prosecution even if trial is conducted. As such calling upon petitioners-accused persons to undergo the ordeal of trail would be unwarranted.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.3466/2017, 3443/2017, 3444/2017, 3447/2017 are allowed.
(ii) Proceedings pending against petitioners in Crime No.60/2017 arising out of PCR No. 2077/2017 registered for the offences punishable under Sections 120B, 193, 379, 403, 406, 408, 409, 417, 420, 463, 465, 468, 471, 472, 476, 477A of IPC pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed and petitioners are acquitted of the said offences.
SD/-
JUDGE DR