IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4284 OF 2018 BETWEEN:
1. SRI. JAYAKUMAR KRISHNASWAMY M/S AKZONOBEL INDIA LTD. PLOT NO.62A, 62B, 62P, 43E HOSKOTE INDUSTRIAL AREA BANGALORE-562 114 2. SRI. T. KANAKARAJU M/S AKZONOBEL INDIA LTD. PLOT NO.62A, 62B, 62P, 43E HOSKOTE INDUSTRIAL AREA BANGALORE-562 114 NOW RESIDENING AT FLAT NO.103 LAA MOON STONE APARTMENT GOLLAHALLI, ELECTRONIC CITY PHASE-1 BANGALORE-560 100 … PETITIONERS (BY SHRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SMT. POONAM PATIL, ADVOCATE) AND:
1. STATE OF KARNATAKA BY SRI. NARASIMHA MURTHY S.A SENIOR ASSISTANT DIRECTOR OF FACTORIES BANGALORE DIVISION-10 REPRESENTED BY SPP HIGH COURT, BANGALORE-01 2. GOPI PUJAR S/O KARIBASAPPA AGE 25 YEARS R/O 2ND FLOOR, BEHIND K.E.B. GANGAMGUDI ROAD LAWYER HANUMANTHAPPA BUILDING HOSKOTE ALSO AT: PURADAKERI HIREKERUR HALLUR, HAVERI (AMENDMENT CARRIED OUT IN VIEW OF LEAVE GRANTED BY THE HON’BLE HIGH COURT ON 12.07.2018) ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1;
SHRI. GOUTAM S. BHARADWAJ, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.899/2015 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOSAKOTE AGAINST THE PETITIONERS HEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In an accident that took place in M/s. Akzonobel India Ltd., Hoskote, on 19.06.2015, respondent No.2-workmen suffered an injury and lost his index finger of left hand. On 20.06.2015, Company informed the Senior Assistant Director of Factories, Division-10, Bengaluru. Subsequently, he conducted an inspection and issued a show cause notice on 31.08.2015, calling upon the petitioners as to why legal action should not be initiated for contravention of Section 7(A)(1) & 7(A)(2)(c) of the Factories Act, 1948 (“The Act” for short). On 21.09.2015, respondent No.2 entered into a Memorandum of Settlement with the Company and accepted the compensation of Rs.5,50,000/-.
2. Heard Shri Dhyan Chinnappa, learned advocate for the petitioners, Smt. K.P.Yashodha, learned HCGP for respondent No.1-State and Shri Goutam S.Bharadwaj, learned advocate for respondent No.2.
3. Shri Dhyan Chinnappa, learned Senior Advocate submitted that on 21.09.2015, Senior Assistant Director of Factories, filed a private complaint under Section 200 of Cr.P.C., in the Court of JMFC, Hosakote, alleging commission of offence punishable under Section 92 of the Act. He submitted that the date of accident is 19.06.2015 and the complaint is filed beyond the limitation of three months prescribed under Section 106 of the Act. Accordingly, he prayed that criminal proceedings against the petitioners may be quashed.
4. Petitioners and second respondent are present and identified by their respective advocates. Petitioners and respondent No.2 filed joint affidavit of even date, sworn to by them, which reads as follows:
“JOINT AFFIDAVIT FILED BY PETITIONERS AND RESPONDENT NO.2 I, Sri.Jayakumar Krishnaswamy, S/o Krishnaswamy Ramaswamy, Age:Major, Former Managing Director, M/s.AKZONobel India Ltd., Plot no.62A, 62B, 62P, 43E, Hoskote Industrial Area, Bangalore-562 114, Resident of 11/1C, Kalpataru Estate, JVLR, Andheri East, Mumbai-400093, today at Bangalore, the Petitoner No.1 in the present petition and I, T. Kanakaraju, S/o. Thangavel, Age:Major, Former Manager, M/s.AKZONobel India Ltd., Plot no.62A, 62B, 62P, 43E, Hoskote Industrial Area, Bangalore-
562 114, Resident of Flat No.103, Block 3, LAA Moon Sone Apartment, Gollahalli, Electronic city phase 1, Bangalore-560100, the Petitioner No.2 and Gopi Pujar, S/o.Kari Basappa, Aged about 27 years, R/o. II Floor, Behind KEB Gangamanagudi, Lawyer Hanumanthappa Building, Hoskote, Bangalore-562114, the Respondent No.2, do hereby solemnly affirm and jointly state on oath as follows:
1. We submit that the present petition has been filed challenging the initiation of criminal proceedings by the Prl.Civil Judge & JMFC, Hoskote in CC No.899/2015 at the behest of a complaint filed by the Respondent No.1.
2. We are advised to state that averments in the Complaint do not disclose commission of any offence by the Petitioners and we further state that the accident occurred due to miscommunication between the Respondent No.2, injured employee and another co-worker, Dhanraj. Subsequent to the incident, the Respondent No.2 has been compensated by the Company and a sum of Rs.5,50,000/- (Rupees five lakh fifty thousand) has been paid to him by the Company. The Respondent No.2 also resumed work in the Company in September 2015 itself and he has no grievance against the Petitioners or the Company.
3. It is in these circumstances that the present affidavit is filed seeking kind indulgence of this Hon’ble Court to allow the petition in the interest of justice and equity.” (sic) (Emphasis Supplied) 5. Smt.K.P.Yashodha, learned HCGP, in her usual fairness, does not dispute that complaint was filed beyond the period of prosecution prescribed under Section 106 of the Act.
6. Shri Goutam S.Bharadwaj, learned advocate for respondent No.2 submits that after receiving compensation, respondent No.2 has resumed his work in the Company and he has no grievance against the petitioners.
7. In the facts and circumstances of this case, no useful purpose would be served by continuing criminal proceedings against the petitioners and accordingly proceedings in C.C.No.899/2015 pending on the file of Principal Civil Judge & JMFC, Hoskote, are quashed.
8. Petition disposed of.
No costs.
Sd/- JUDGE AV