IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1515 OF 2013 BETWEEN:
1. SMT.SHYMALA.D W/O D.RAGHU RAMA SARMA, AGED ABOUT 62 YEARS, R/O NO.9, MSH LAYOUT, 4TH MAIN, ANANDNAGAR, BENGALURU-560024.
2. SANTHOSH KUMAR DHULAPATHI S/O D.RAGHU RAMA SARMA, AGED ABOUT 35 YEARS, R/O NO.9, MSH LAYOUT, 4TH MAIN, ANANDNAGAR, BENGALURU-560024.
ALSO AT NO.3415, EAST 81ST STREET, NO.1133, TULSA, OKALAHAMA USA.
(BY SRI: BRIJESH PATIL, ADVOCATE) ... PETITIONERS AND 1. STATE BY TILAKNAGAR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560041 2. AXIS BANK LIMITED FORMERLY KNOWN AS UTI BANK LTD., 4TH FLOOR, # 8, SANA TOWERS, 32M CROSS, 4TH BLOCK, OPP TO SANJAY GANDHI HOSPITAL, JAYANAGAR, BANGALORE-41, REPRESENTED BY ITS OFFICER & AUTHORISED SIGNATORY, MR.A.ANAND.
... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1 SRI: V.SURESH ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO SET ASIDE/QUASH THE ENTIRE PROCEEDINGS IN PCR NO.13751/12 PENDING BEFORE THE II ADDL.C.M.M., BANGALORE, INCLUDING THE INVESTIGATION IN CRIME NO.394/12 REGISTERED AND PENDING INVESTIGATION ON THE FILE OF THE 1ST RESPONDENT IN RESPECT OF THESE PETITIONERS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for respondent No.2 has filed a memo dated 03.04.2019. The memo reads as under:-
MEMO The Advocate for respondent No.2 most respectfully submits as under:-
The petitioner has settled the loan account with respondent No.2. Hence, the memo the same may be taken on record in the interest of justice.”
2. In view of the said memo, the petition is allowed. The proceedings in PCR No.13751/2012 pending on the file of II Addl. CMM, Bengaluru and FIR in Cr.No.394/2012 are quashed.
Sd/- JUDGE *mn/-