IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7037/2019 BETWEEN:
VAIBHAV KOTIYAL AGED ABOUT 30 YEARS, S/O. VINOD KUMAR KOTIYAL, R/AT NO.401, SPV RESIDENCY, BOREWELL ROAD, WHITEFIELD, BENGALURU-560066.
PERMANENT ADRESS R/AT NO.47, VAIBHAV VILLA, BHANKOTRA, JAIPUR-302020.
(BY SRI.BALASUBRAMANYA B.N., ADV.,) AND:
1. THE STATE OF KARNATAKA BY WHITEFIELD POLICE, BENGALURU, REP. BY IT STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001.
2. MOUMIT DUTTA AGED ABOUT 29 YEARS, D/O. UJJWAL DUTTA, R/AT. SPV RESIDENCY, BOREWELL ROAD, WHITEFIELD, BENGALURU-560066.
PERMANENT ADDRESS R/AT BATANAGARA, … PETITIONER SOUTH 24 PG (PARAGANA), KOLKATA-700140.
... RESPONDENTS (BY SRI. R.D. RENUKARADHYA, HCGP., FOR R1 SRI JAYAPRAKASH H. ADV., FOR R2 (VAKALATH FILED IN COURT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIRST INFORMATION REPORT AND COMPLAINT IN CRIME NO.168/2019 REGISTERED BY WHITEFIELD POLICE, BENGALURU FOR THE OFFENCE UNDER SECTION 420 OF INDIAN PENAL CODE, NOW PENDING ON THE FILE OF I ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ACJM), BENGALURU RURAL DISTRICT, BENGALURU AND ETC., THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought for the following relief:
Wherefore, the petitioner humbly prays that this Hon’ble Court be pleased to quash the First Information Report and complaint in Crime No.168/2019 registered by whitefield police, Bengaluru for the offence under section 420 of Indian Penal Code, now pending on the files of I Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural District, Bengaluru, in the interest of justice.
2. Petitioner and complainant were in living relationship for about 2 to 3 years. On 26.04.2019, complainant registered a complaint before the jurisdictional police stating that petitioner has cheated her. Consequently, FIR was registered on 26.4.2019 for the offences punishable under Section 420 of IPC. During pendency of present petition both petitioner (Vaibhav Kotiyal) and complainant (Moumita Dutta) entered into settlement. To that effect, a joint affidavit dated 18.10.2019 has been filed. Same is taken on record.
3. In view of the joint affidavit filed by the parties along with the application dated 18.10.2019, FIR dated 26.4.2019 and complaint in Crime No.168/2019 registered by Whitefield, Bengaluru registered for the offence punishable under Sections 420 of IPC which is pending on the file of I Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is hereby set aside. Petition stands allowed in terms of the joint memo Sd/- JUDGE BS