IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.9326/2017 BETWEEN 1. SRI. MANJUNATHA, S/O LATE SWAMYNATH, AGED ABOUT 36 YEARS, R/ AT G-3, ANUSHA GARDENS APARTMENTS, 11TH CROSS, 3RD MAIN, HOYSALLANAGARA, TC PALYA MAIN ROAD, RAMAMURTHYNAGAR, BENGALURU 2. M/S KOTAK MAHINDRA BANK LTD., 5TH FLOOR, WEST WING, RAHEJA TOWERS, M G ROAD, BENGALURU - 01 REP. BY ITS AUTHORISED SIGNATORY ... PETITIONERS (BY SRI. RAJ PRABHU S., ADV.) AND THE STATE OF KARNATAKA, BY JAYANAGAR POLICE STATION ... RESPONDENT (BY SRI. S. RACHAIAH, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE FIR (CRIME) NO.464/2011 AND C.C.NO.1317/2014 FOR THE OFFENCES P/U/S 506, 420, 468, 471 OF IPC REGISTERED ON THE FILE OF THE RESPONDENT JAYANAGARA POLICE STATION, BENGALURU PENDING ON THE FILE OF THE 2ND ADDITIONAL C.M.M. BENGALURU AND PERMIT THE PETITIONERS TO COMPOUND THE OFFENCE AND FURTHER BE PLEASED TO ALLOW THE PETITION.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners 1 & 2 and their counsel are present before the court.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. Perused the records. Office objections are over ruled.
3. Petitioner No.1 is accused No.2 and petitioner No.2 is the complainant in CC No.1317/2014 on the file of the II Addl. CMM, Bengaluru, arising out of Crime No.464/2011, for the offence punishable under sections 506, 420, 468 and 471 of IPC.
4. It is relevant to note here is that both the accused and the complainant have jointly filed the petition u/s.482 of Cr.P.C. seeking for quashing of the proceedings, as they have compounded the offences between themselves. As some of the offences are non- compoundable in nature, they could not able to get the matter settled before the trial Court. As the offences are not punishable either with death or life imprisonment, and the transaction between the parties appears to be civil in nature, there is no legal impediment to quash the proceedings as prayed for. Hence, I pass the following:
ORDER The petition is allowed. Consequently, all further proceedings in CC No.1317/2014 on the file of the II Addl. CMM Court, Bengaluru, in so far as the petitioner No.1 is concerned, is hereby quashed.
Sd/-
JUDGE PL*