IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1508/2019 A/W CRIMINAL PETITION NO.1507/2019 IN CRL.P. NO.1508/2019: BETWEEN:
1. SRI. CHETHAN B.S AGED ABOUT 35 YEARS S/O SOMAIAH LEGAL MANAGER M/S. SUADELA CONSTRUCTIONS PVT. LTD. HAVING OFFICE AT NO.757/B, 100FT ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 038.
2. SRI. RAMESH REDDY AGED ABOUT 48 YEARS S/O VENKATARAMANA REDDY AGM - SECURITY M/S. ANTEVORTA DEVELOPERS PVT. LTD., HAVING OFFICE AT NO.757/B, 100FT ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 038.
... PETITIONERS (BY SRI. K. SUMAN., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTD BY ITS INSPECTOR OF POLICE HULIMAVU POLICE STATION BANGALROE CITY – 560 078.
2. SRI. MOHAMMED NASIR AGED ABOUT 32 YEARS S/O MOHAMMED SALAR NO.21/41, 7TH MAIN BTM LAYOUT, 1ST STAGE BENGALURU CITY.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. M. PRAKASH., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY THE HULIMAVU POLICE STATION AGAINST THE PETITIONERS IN CR.NO.333/2018 FOR THE OFFENCE P/U/S 427, 506, 323, 504 AND 447 OF IPC PENDING ON THE FILE OF V ADDL.C.M.M., BENGALURU PURSUANT TO THE COMPLAINT OF THE 2ND RESPONDENT.
IN CRL.P. NO.1507/2019:
BETWEEN:
1. SRI. CHETHAN B.S AGED ABOUT 35 YEARS S/O SOMAIAH WORKING AS LEGAL MANAGER IN M/S. SUADELA CONSTRUCTIONS PVT LTD, HAVING OFFICE AT NO.757/B, NOW AT 100 FT ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 038.
2. SRI. CHETHAN PRASAD P AGED ABOUT 39 YEARS S/O H.D. PRABHAKARA WORKING AS SR. GENERAL MANAGER IN M/S. LAKE POINT DEVELOPERS PVT LTD, NOW AT HAVING OFFICE AT NO.757/B, 100 FT ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE – 560 038. ... PETITIONERS (BY SRI. K. SUMAN., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS INSPECTOR OF POLICE, HULIMAVU POLICE STATION, BANGALORE CITY REPRESENTED BY ITS HIGH COURT GOVERNMENT PLEADER HIGH COURT BUILDING BANGALORE.
2. SRI. MOHAMMED NASIR AGED ABOUT 31 YEARS S/O MOHAMMED SALAR NO.21/41, 7TH MAIN BTM LAYOUT, 1ST STAGE BENGALURU CITY.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. M. PRAKASH., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY THE HULIMAVU P.S AGAINST THE PETITIONERS IN CRIME NO.24/2019 FOR THE OFFENCES P/U/S 427, 506, 504, 447, 149 AND 143 OF IPC, PENDING ON THE FILE OF THE 5TH A.C.M.M., NRUPATHUNGA ROAD, BANGALORE, PURSUANT TO THE COMPLAINT OF THE II RESPONDENT.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions are taken up together since complainant being the same and one of the accused i.e., Chethan B.S. being common in both these cases which has been registered for the offences punishable under Sections 427, 506, 323, 504 and 447 of IPC by Hulimavu Police Station in Crime Nos.333/2018 and 24/2019.
2. A complaint came to be lodged in these two (2) petitions on 29.12.2018 and 25.01.2019 respectively by second respondent herein alleging that he is the GPA holder of Smt.B.S.Chandrakala, who had acquired title to said property under a registered sale deed and revenue records were mutated in the name of said B.S.Chandrakala and in respect of said property which was in her possession being interfered with by petitioners when they attempted to put up construction and a civil suit had also been filed and alleging that inspite of an order of injunction granted by civil Court restraining accused persons from interfering with his possession, M/s.Saudela Constructions Private Limited and its officials, workmen, employees, staff and other followers had attempted to dispossess him and take forcible possession of the said property and on being questioned, they had abused him in foul language and also assaulted him and based on the said complaint respective FIRs in crime Nos.333/2018 and 24/2019 came to be registered.
3. When the matter was at the stage of investigation, accused and complainant have appeared before this Court and have filed a joint memo whereunder it is stated that in the pending civil suits matter has been settled and it has been agreed to under the said compromise petition to the following effect:
“5. In additional to the above, in the light of the fact that the present suit is being amicably settled, the Plaintiff and the Defendant shall withdraw all the connected criminal proceedings filed against each other and/or take necessary steps to quash all existing FIRs within 3 weeks of this petition. The details of the criminal cases filed by the Plaintiff is as below:
a. Crime No.333/2018 dated 29/12/2018 filed before Hulimavu Police Station by Mohammad Nasir.
b. Crime No.24/2019 dated 25/01/2019 filed before Hulimavu Police Station by Mohammad Nasir.
The details of the criminal case filed by the employees of the Defendant Company is as below:
(a) Crime No.332/2018 dated 29/12/2018 filed before Hulimavu Police Station by Chethan B S.”
4. Second respondent/complainant is present before Court. He has filed an affidavit reiterating the contents of joint memo filed before civil Court and so also petitioners in both the cases. Second respondent/complainant, who is present before Court submits that out of his own free will without any force, threat or coercion he has affixed his signature to the joint memo and has voluntarily agreed to withdraw the allegations made against petitioners and he has no objection for proceedings pending against petitioners being quashed.
5. In the light of aforestated and settlement arrived at between parties, this Court is of the considered view that continuation of further proceedings against petitioners would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.1508/2019 a/w 1507/2019 are allowed.
(ii) Proceedings pending against petitioners in Crime Nos.333/2018 and 24/2019 registered for the offences punishable under Sections 427, 506, 323, 504 and 447 of IPC by Hulimavu Police Station is hereby quashed and petitioners are acquitted of aforesaid offence.
Pending applications stand consigned to records.
SD/- JUDGE DR