IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9549/2018 BETWEEN:
1. SYED FAIZAN AGED ABOUT 31 YEARS S/O SYED IQBAL R/AT NO.27, 1ST ‘A’ CROSS KANAKANAGAR, R.T. NAGAR POST BENGALURU-560 032.
2. SMT. HUSNA AGED ABOUT 55 YEARS W/O SYED IQBAL R/AT NO.27, 1ST ‘A’ CROSS KANAKANAGAR, R.T. NAGAR POST BENGALURU-560 032.
(BY SRI. NAGARAJU, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH POLICE INSPECTOR RMC YARD POLICE STATION BENGALURU-560 022 (REP. BY S.P.P.
HIGH COURT OF KARNATAKA) 2. SMT. RINKU MANTRI AGED ABOUT 40 YEARS W/O MUKESH MANTRI ... PETITIONERS NO.8/10, PLATINUM CITY APARTMENTS YESHWANTHPURA BENGALURU-560 022.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.33/2018 REGISTERED FOR THE OFFENCES P/U/S 406, 420, 380, 506 R/W 34 OF IPC DATED 30.01.2018 BY RESPONDENT NO.1 RMC YARD POLICE STATION, AND PENDING ON THE FILE OF THE FOURTH ADDITIONAL CMM COURT, BANGALORE PRODUCED AT ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused in Crime No.33/2018 registered by the RMC Yard police Station for the offences punishable under Sections 406, 420, 380, 506 read with Section 34 of IPC are before this Court for quashing of said proceedings.
2. Second respondent herein lodged a complaint on 30.01.2018 before RMC Yard Police Station alleging that accused No.1 had stolen eight cheques amounting to `15 Lakhs from the house of the second respondent and credited to the account of accused No.2. On the basis of said complaint, FIR in Crime No.33/2018 came to be registered for the offences as aforestated.
3. An affidavit dated 18.02.2019 had been filed by the second respondent –complainant stating thereunder that first petitioner and her husband are partners in business and due to certain differences amongst them, her husband had asked her to lodge a complaint against accused persons and contents of the complaint had not been disclosed to her and as such without understanding the contents of the complaint and at the instance of her husband, she had lodged the complaint in question against petitioners. She further states that all the amounts due from the petitioners as on date has been received and there are no dues from the petitioners. She has also stated that all such dues payable by petitioners have been deposited in her account has been withdrawn by her and she has closed her bank account also. She has also consented and given her no objection to de-freeze the Savings Bank A/c No.283801000006179 of petitioner No.2 in Indian Overseas Bank, Kanakanagara Branch, R.T.Nagar Post, Bengaluru-560032 which had been freezed by the jurisdictional police and has also expressed that she has no objection for the said amount being withdrawn by the second petitioner from his account. Said affidavit is placed on record.
4. Smt. Rinku Mantri w/o Mukesh Mantri - second respondent – complainant is present before Court and she has been identified by petitioner No.1. On enquiry made by the Court through learned HCGP to second respondent, she admits that she has consented for the present complaint being closed by quashing the proceedings against petitioners on the ground that dispute has been resolved amongst them.
5. Second respondent also states that out of her own free will and volition without any threat, force or coercion, she has filed said affidavit. Petitioner No.1 is present before Court. Learned Advocate appearing for petitioner No.1 has filed a memo enclosing photocopies of identity card issued by the statutory authorities to establish identity of the 1st petitioner which is also duly counter signed by petitioner No.1 (accused No.1) and learned Advocate appearing for petitioners. Hence, this Court finds that there is no impediment to accept the same.
Hence, I proceed to pass the following:
ORDER (1) Criminal Petition is hereby allowed.
(2) Proceedings pending against petitioners in No.33/2018 for the offences punishable under Sections 406, 420, 380, 506 read with Section 34 of IPC pending on the file of IV Additional Chief Metropolitan Magistrate, Bangalore is hereby quashed and petitioners are acquitted of the said offences.
(3) Jurisdictional Police is directed to issue letter/communication forthwith to the Indian Overseas Bank, Kanakanagara Branch, R.T. Nagar, Bengaluru-560 032 for de-freezing S.B.A/c.No.283801000006179 of second petitioner and second petitioner would be at liberty to withdraw the amount from said account.
(4) Jurisdictional police shall also intimate the Indian Overseas Bank, Kanakanagara Branch, R.T. Nagar, Bengaluru-560 032 to permit second petitioner to operate the Savings Bank account bearing No.283801000006179.
SD/- JUDGE RU