IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.6060/2017 BETWEEN:
SRL LIMITED HAVING ITS LABORATORY AT NO.9, TKN TOWERS BANNERGHATTA ROAD BANGALORE-560076.
AND REGISTERED OFFICE AT SECTOR 62, PHASE-VIII MOHALI, PUNJAB-160062 REP. BY ITS AUTHORIZED SIGNATORY MR. MADHUSUDHAN J.
(BY SRI SHIRISH KRISHNA, ADV.) … PETITIONER AND:
1. SMT. G.N. SHASHI W/O SRI. ARAVINDA BABU AGED ABOUT 34 YEARS NO.1, 4TH CROSS, 1ST MAIN SRINIDHI LAYOUT CHUNCHAGATTA, BANGALORE-560062.
2. THE STATE OF KARNATAKA REP. BY HULIMAVU POLICE STATION MEENAKSHI TEMPLE ROAD MAIN BUS STOP, HULIMAVU BANGALORE-560076.
… RESPONDENTS (BY SRI H. MANJUNATH, ADV. FOR R1 SRI MAHESH SHETTY, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15919/2017 PENDING ON THE FILE OF V A.C.M.M. BENGALURU (ANNEXURE-A). CONSEQUENTLY QUASH THE COMPLAINT IN PCR NO.1571/2017 DATED 1.2.2017 (ANNEXURE-B) PENDING ON THE FILE OF V A.C.M.M. BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner, learned Counsel for respondent no.1 and the learned HCGP.
2. Petitioner is a company and is represented by its authorized signatory. Respondent no.1 is the complainant. The authorized signatory and respondent no.1 are present before the Court. The authorized signatory of the petitioner-company is identified by the Counsel for the petitioner and respondent no.1 is identified by her Counsel.
3. It is submitted by the Counsel for the parties that the parties have already settled the dispute and pursuant to the said settlement, the petitioner-company has withdrawn the criminal cases launched by them and registered as C.C.No.4924/2016, C.C.No.9567/2016, C.C.No.7630/2016 and C.C.No.11320/2016, that were pending before the XXXIII Court of Metropolitan Magistrate at Ballardpier, Mumbai. The joint affidavit signed by the respective parties is filed into the Court. The same reads as under:
We, 1) Smt. G.N. Shashi, W/o Sri. Aravinda Babu, aged about 34 years, residing at No.1, 4th Cross, 1st Main, Srinidhi Layout, Chunchagatta, Bangalore-560062, the Respondent No.1 herein and 2) Sri. Rajarathnam, S/o late Chandrashekar, aged 62 years, residing at No.196, JC Nagar Main Road, JC Nagar, Bangalore-560006, the authorized signatory of the Petitioner herein, do hereby solemnly swear and state as under:
1) We, the Deponent Nos.1 and 2, i.e., the Respondent No.1 and authorized signatory of the Petitioner Company respectively, are aware of the facts of the case and are competent to depose to this Affidavit.
2) We state that the Petitioner Company (for Accused Nos.2 and 3 in C.C.No.15919/2017) and the Respondent No.1 (Complainant in C.C.No.15919/2017) entered into an agreement of settlement dated 20/07/2017 wherein all the disputes between the Petitioner Company and Respondent No.1 were settled amicably.
3) That the Petitioner Company has already withdrawn the proceedings as against Respondent No.1 and M/s. Pragathi Collection Centre in C.C.No.4924/2016, C.C.No.9567/2016, C.C.No.7360/2016 and C.C.No.11320/2016, all pending before XXXIII Court of Metropolitan Magistrate at Ballardpier, Mumbai.
4) That under the said settlement agreement dated 20/07/2017 the Respondent No.1 (Complainant in C.C.No.15919/2017) has agreed to withdraw the proceedings bearing C.C.No.15919/2017 pending on the files of the V ACMM, Bangalore as against the Petitioner Company (for Accused Nos.2 and 3 in C.C.No.15919/2017).
5) In view of the above and as per the terms of the settlement agreement dated 20/07/2017, we Smt. G.N. Shashi the Respondent No.1 and Petitioner Company jointly pray that the proceedings in C.C.No.15919/2017 pending as against Accused Nos.2 and 3 (the Petitioner and Mr. Sanjeev Vashishta) before the V ACMM, Bangalore may by quashed by this Hon’ble Court.
6) We state that there has been no collusion or force, fraud or any undue influence in executing this affidavit and this affidavit is being executed with full consent and without any coercion of the Deponents herein.
7) We state that no claims whatsoever lie against the Petitioner Company and Respondent No.1 i.e., the Deponent Nos.2 and 1 respectively herein, in furtherance to the settlement agreement dated 20/07/2017 and what is stated herein above.
4. Respondent no.1-complainant had filed PCR which came to be registered as C.C.No.15919/2017 and subsequently the court has taken cognizance of the offence punishable under Section 420 IPC. In view of the settlement arrived at between the parties and the law laid down by the Apex Court in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – (2012)10 SCC 303, and the offence alleged being a compoundable offence, the joint affidavit is taken on record and the petition requires to be ordered in terms of the joint memo.
5. Accordingly, the petition is disposed off. The proceedings in C.C.No.15919/2017 pending on the file of V ACMM, Bengaluru, in so far as it relates to accused nos.2 & 3 stands quashed. Respondent no.1 is entitled to further prosecute the complaint in so far as it relates to accused no.1.
The petition stands ordered accordingly.
Sd/- JUDGE KK CT-HR