IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4550/2013 C/W CRIMINAL PETITION NO.3310/2012 IN CRIMINAL PETITION NO. 4550/2013 BETWEEN 1. SRI H N BABU REDDY S/O H M NARAYANA REDDY AGED ABOUT 48 YEARS OCCUPATION BUSINESS KAMMANAHALLI ROAD HULIMAVU S O S POST B G ROAD BANGALORE-560034 2. SMT VIJAYALAKSHMI W/O SRI H N BABU REDDY MAJOR AGED ABOUT 40 YEARS KAMMANAHALLI ROAD HULIMAVU S O S POST B G ROAD BANGALORE-34 ... PETITIONERS (BY SRI M. DEVARAJA, ADV.) AND 1. THE STATE OF KARNATAKA (THROUGH HULIMAVU POLICE STATION) BY HIGH COURT PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-1 2. SRI L R VENKATESH S/O RAMAIAH SHETTY AGED ABOUT 51 YEARS OCCUPATION: BUSINESS NO.318, I CROSS C. T. BED, THYAGARAJANAGAR BANGALORE-28.
... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI VENKATESH P. DALWAI, ADV. FOR R2) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14801/12 ON THE FILE OF THE VI ADDL.C.M.M., BANGALORE CITY, FOR THE OFFENCES P/U/S 420, 468 AND R/W 34 OF IPC, IN SO FAR AS THE PETRS. ARE CONCERNED.
IN CRIMINAL PETITION NO. 3310/2012 BETWEEN 1. SRI L R VENKATESH S/O RAMAIAH SHETTY AGE: 51 YEARS, OCC: BUSINESS ADD: NO. 318, 1ST CROSS C T BED, THYAGARAJA NAGAR BANGLAORE-28 2. SRI R PRAVEEN S/O K N RAMAKRISHNA AGED 43 YEARS, OCC: BUSINESS ADD: NO.45, 7TH STREET ANNANAGAR, CHENNAI-23.
(BY SRI VENKATESH P. DALWAI, ADV.) AND ... PETITIONERS 1. THE STATE OF KARNATAKA (THROUGH HULIMAVU POLICE STATION) BY HIGH COURT PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-1 2. BABU REDDY S/O H M NARAYANA REDDY AGE: 48 YEARS, OCC: BUSINESS ADD: KAMMANAHALLI ROAD HULIMAVU, S O S POST B G ROAD, BANGALORE-34 ... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI M. DEVARAJA, ADV. FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.10026/2011 (CR. NO.187) ON THE FILE OF THE V ADDL. C.M.M., BANGALORE CITY, FOR THE OFFENCES P/U/S 420,120(B),426,506 R/W SEC.34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner No.1 - Shri H.N.Babu Reddy, and his Counsel Shri M.Devaraja, in Crl.P.No.4550/2013 are present.
2. Petitioner No.2 is arraigned as one of the accused and is prosecuted in her capacity as partner and her personal presence in Crl.P.No.4550/2013, is dispensed with.
3. On behalf of respondent No.1, learned SPP-II and on behalf of respondent No.2, learned counsel, Shri Venkatesh P. Dalwai, are present.
4. In Crl.P.No.3310/2012, petitioner Nos.1 and 2 – Shri L.R.Venkatesh, Shri R. Praveen respectively, and their learned counsel, Shri Venkatesh P.Dalwai, are present. Respondent No.1 is represented by learned SPP- II and respondent No.2 – Shri Babu Reddy is present in person along with his learned counsel, Shri. M.Devaraja.
5. A joint memo is filed duly signed by Shri H.N.Babu Reddy, Shri L.R.Venkatesh and their respective counsels.
6. Criminal Petition No.3310/2012 is arising out of C.C.No.10026/2011 registered for the offences punishable under Sections 420, 120(B), 426, 506 r/w. Section 34 of IPC.
7. Criminal Petition No.4550/2013 is arising out of C.C.No.14801/2012 registered at the instance of Shri L.R.Venkatesh, for the offences punishable under Sections 467, 468, 420 r/w. Section 34 of IPC.
8. The allegations and counter allegations against the petitioner and respondent in the respective petitions are that, Shri H.N.Babu Reddy and his wife executed a sale deed in favour of L.R.Venkatesh and later, failed to pay the consideration due on the sale deed. In turn, L.R.Venkatesh, alleged that the said document itself is forged and manipulated. However, presently both the parties have resolved their differences and they have entered into mutual settlement whereunder, the respective parties have withdrawn the allegations made against each other. The joint memo reads thus:
“It is humbly submitted as follows:
1) It is submitted that in Criminal Petition No.3310/2012, the Petitioners are arrayed as Accused No 1 and 2 in C C No. 10026/11 pending on the file of Learned 5th Addl C M M at Bangalore for the offences punishable under Section 420, 120-B, 426, 506 R/w Section 34 of Indian Penal Code. The Said proceedings are initiated at the instance of Respondent No 2 in Criminal petition No. 3310/2012.
2) It is submitted that in Criminal Petition No. 4550/2013, the Petitioner and his wife are arrayed as Accused No 1 and 2 in C C No 14801/12 pending on the file of Learned 5th Addl C M M at Bangalore for the offences punishable under Section 467, 468, 420 R/2 Section 34 of Indian Penal Code. The Said proceedings are initiated at the instance of Respondent No 2 in Criminal petition No. 4550/2013.
3) It is submitted that both parties have questioned the initiation of proceedings in the above criminal petitions. Both parties have resolved and decided to end long pending litigations in criminal courts and also in civil courts against each other.
4) Accordingly Petitioners in Criminal Petition No 3310/12 undertake that they withdraw any other cases filed against Respondent No 2 and his family members in any other courts pending with reference to subject matter of both sale deeds dated 21-7-2007 registered in favour of M/s L A Royale Homes by Respondent No 2 and his wife Smt Vijaya Lakshmi.
5) Accordingly Petitioners or their legal representatives in Criminal Petition No 455/2013 undertake to withdraw all other cases filed against Respondent No 2 or M/s L A ROYALE HOMES or their partners in any other courts pending with reference to subject matter of both sale deeds dated 21-7-2007 registered in favour of M/s L A Royale Homes by Respondent No 2 and his wife Smt Vijaya Lakshmi bearing Document No 2333 and 2334 registered with Bommanahalli Sub-Registrar at Bangalore City.
6) Both parties agree and undertake that no cases or claims will be initiated or filed against each other in any court law or authority against each other or their assigns or successor in interest with reference to subject matter of sale deeds dated 21-7-2007 bearing Document No 2333 and 2334 registered with Bommanahalli Sub-Registrar at Bangalore City.
7) Both parties submit that terms of this joint memo is voluntarily agreed with an intention to settle pending disputes and have consented for the same with complete understanding and knowledge of the binding effect and consequences of this joint memo.
PRAYER;
Wherefore it is humbly prayed that this Hon’ble High court may be pleased to quash entire proceedings in C C No 10026/11 pending on the file of Learned 5th Addl C M M at Bangalore for the offences punishable under Section 420, 120-B, 426, 506 R/w Section 34 of Indian Penal Code against petitioners in Criminal Petition No 3310/2012 and also quash entire proceedings in C C No 14801/12 pending on the file of Learned 5th Addl C M M at Bangalore for the offences punishable under Section 467, 468, 420 R/w Section 34 of Indian Penal Code against petitioners in Criminal Petition No 4550/2013 in the interest of justice and equity.”
9. The aforesaid parties submit that the compromise entered into between them is free and voluntary and they stand by the terms of the joint memo and submit that in view of the said joint memo, the respective proceedings initiated against each other be quashed.
10. Having regard to the facts and circumstances of the case and in view of the mutual settlement arrived at between the parties, the joint memo is accepted.
11. Parties are permitted to compound the offences alleged against each other. Accordingly, Crl.P.Nos.3110/2012 and 4550/2013 are allowed. Proceedings in C.C.No.10026/2011 and C.C.No.14801/2012, pending on the file of the 5th Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
12. The respective accused in the above proceedings are acquitted of the charges leveled against them.
In view of the disposal of the main petition, I.A.Nos.2/2013 and 1/2018 filed in Crl.P.No.4550/2013 also stand disposed of, as do not survive for consideration.
Sd/- JUDGE nvj