IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7486 OF 2013 BETWEEN:
1. SRI DEEPAK KRISHNAPPA S/O SRI N KRISHNAPPA AGED ABOUT 46 YEARS 2. SMT SUSMA ANAND W/O SRI DEEPAK KRISHNAPPA BOTH RESIDING AT NO.8 ANRIYA PALITIAL APARTMENT NO.1505, 6TH CROSS R M V 2ND STAGE BANGALORE 560 094 ... PETITIONERS (BY SRI: K.B. MONESH KUMAR, ADVOCATE FOR Ms: VIJETHA R NAIK, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY J C NAGAR POLICE STATION BANGALORE CITY-02 2. CAPT SIDDHARTH BHARDWAJ S/O CAPT. A S BHARADWAJ AGED ABOUT MAJOR RESIDING AT D-701 AMBIENCE ISLAND NH-8, GURGAON 122002 ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1 SRI: BIPIN HEGDE, ADVOCATE, FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR DATED 13.07.2013 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES U/S 406, 420 AND 120B OF IPC IN CR. NO.104/2013 ON THE FILE OF THE IV A.C.M.M., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought to quash the FIR No.104/2013 registered against them for the alleged offences punishable under Sections 406, 420 and 120B of Indian Penal Code.
2. Heard the learned counsel for the petitioners, the learned Additional State Public Prosecutor for respondent No.1 and the learned counsel for respondent No.2.
3. Learned counsel for the petitioners and respondent No.2 have filed a Joint Memo. The Joint Memo reads as under:
“The Advocate for the petitioners submits that the above noted criminal petition is filed seeking to quash the entire proceedings in Crime No.104/2013 on the file of IV ACMM, Bengaluru for commission of offences punishable under Sections 406, 420 and 120B of Indian Penal Code. In the meanwhile, the entire amounts liable to the II respondent has been fully satisfied. Hence, the II respondent represented by his counsel has no impediment to quash the proceeding. Hence, it is submitted that there is no impediment to allow the accompanying criminal petition.
WHEREFORE, it is prayed that this Hon’ble Court be pleased to accept the joint memo and be further pleased to quash the entire proceeding in Crime No.104/2013 on the file of IV ACMM, Bengaluru in the interest of justice.”
4. Having regard to the nature of allegations made against the petitioners and in view of the subsequent settlement arrived at between the parties, accepting the Joint Memo filed by the learned counsel for the petitioners and respondent No.2, petition is allowed. The proceedings initiated against the petitioners in FIR No.104/2013 on the file of IV Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru and subsequent investigation thereon, are hereby quashed.
bkp Sd/- JUDGE