IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2384/2018 C/W CRIMINAL PETITION NOs.1707/2018, 2698/2018, 9471/2018, 2933/2018 IN CRL.P. NO.2384/2018: BETWEEN:
1. MRS. Y.C. ROOPA W/O MR. HANUMANTHE GOWDA AGED 45 YEARS.
2. MRS. KANCHANA L RAO W/O MR. LAKSHMAMNA RAO PESHVE AGED 46 YEARS.
BOTH ARE DIRECTORS OF M/S ROOPA INFRA PROJECTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING THEIR REGISTERED OFFICE AT NO.1129, 30TH MAIN POORNAPRAGNA NAGARA SUBRAMANYAPURA POST BANGALORE – 560 061.
... PETITIONERS (BY SRI. N. SHIVAKUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THILAKNAGAR POLICE BANGALORE CITY THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS DR. AMBEDKAR VEDHI BANGALORE – 560 001.
2. MR. N. NANGARAJAPPA S/O LATE MR. NARAYANAPPA AGED ABOUT 63 YEARS RESIDENT OF NO 218 SHIVA NILAYA,13TH MAIN ROAD MANJUNATHANAGAR WEST OF CHORD ROAD BANGALORE – 560 050.
... RESPONDENTS (BY SRI. N.S. SANJAY GOWDA., ADVOCATE FOR R-2;
SRI. S. CHANDRASHEKARAIAH., LEARNED HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CR.NO.81/2018 OF TILAK NAGAR POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 420, 504 AND 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS HEREIN AND FURTHER BE PLEASED TO QUASH ALL FURTHER PROCEEDINGS, IF ANY, ARISING OUT OF THE SAID CASE.
IN CRL.P. NO.1707/2018: BETWEEN:
1. MRS. Y.C. ROOPA W/O MR. HANUMANTHE GOWDA AGED 45 YEARS.
2. MRS. KANCHANA L RAO W/O MR. LAKSHMAMNA RAO PESHVE AGED 46 YEARS.
BOTH ARE DIRECTORS OF M/S ROOPA INFRA PROJECTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING THEIR REGISTERED OFFICE AT NO.1129, 30TH MAIN POORNAPRAGNA NAGARA SUBRAMANYAPURA POST BANGALORE – 560 061.
(BY SRI. N. SHIVAKUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THILAKNAGAR POLICE BANGALORE CITY THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS DR. AMBEDKAR VEDHI BANGALORE – 560 001.
2. MR. D. GOVINDARAJU S/O MR. DEVANAKONDAIAH AGED ABOUT 76 YEARS RESIDENT OF NO.130/A 7TH MAIN ROAD, 6TH CROSS SRINIVASANAGAR BANGALORE – 560 050.
... PETITIONERS ... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., LEARNED HCGP FOR R-1; SRI. N.S. SANJAY GOWDA., ADVOCATE FOR R-2;) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CR.NO.57/2018 OF TILAK NAGAR P.S., BANGALORE FOR THE OFFENCES P/U/S 420, 504, 506 R/W 34 OF IPC AND FURTHER BE PLEASED TO QUASH ALL FURTHER PROCEDINGS, IF ANY ARISING OUT OF THE SAID CASE.
IN CRL.P. NO.2698/2018: BETWEEN:
1. MRS. Y.C. ROOPA W/O MR. HANUMANTHE GOWDA AGED 45 YEARS.
2. MRS. KANCHANA L RAO W/O MR. LAKSHMAMNA RAO PESHVE AGED 46 YEARS.
BOTH ARE DIRECTORS OF M/S ROOPA INFRA PROJECTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING THEIR REGISTERED OFFICE AT NO.1129, 30TH MAIN POORNAPRAGNA NAGARA SUBRAMANYAPURA POST BANGALORE – 560 061.
... PETITIONERS (BY SRI. N. SHIVAKUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THILAKNAGAR POLICE BANGALORE CITY THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS DR. AMBEDKAR VEDHI BANGALORE – 560 001.
2. MR. KRISHNA ANANDA RAO S/O MR. D. ANANDA RAO AGED ABOUT 31 YEARS RESIDENT OF NO.2984/A 5TH CROSS, 1ST MAIN ROAD GAYATHRINAGAR, RAJAJINAGAR BANGALORE - 560 021.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., LEARNED HCGP FOR R-1; SRI. N.S. SANJAY GOWDA., ADVOCATE FOR R-2;) THIS CRIMINAL PETITION FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE CORUT MAY BE PLEASED TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CRIME NO.110/2018 OF TILAK NAGAR POLICE STATION, BANGALORE CITY, FOR THE OFFENCES PUNISHABLE UNDER SECS. 420, 504, 506 R/W 34 OF IPC AS AGIANST THIS PETITIONERS HEREIN FURTHER BE PLEASED TO QUASH ALL FURTHER PROCEEDINGS.
IN CRL.P. NO.9471 /2018: BETWEEN:
1. MRS. Y.C. ROOPA W/O MR. HANUMANTHE GOWDA AGED 45 YEARS.
2. MRS. KANCHANA L RAO W/O MR. LAKSHMAMNA RAO PESHVE AGED 46 YEARS.
BOTH ARE DIRECTORS OF M/S ROOPA INFRA PROJECTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING THEIR REGISTERED OFFICE AT NO.1129, 30TH MAIN POORNAPRAGNA NAGARA SUBRAMANYAPURA POST BANGALORE – 560 061.
(BY SRI. N. SHIVAKUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THILAKNAGAR POLICE BANGALORE CITY THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS DR. AMBEDKAR VEDHI BANGALORE – 560 001.
2. MRS. B. PADMINI W/O MR. B.R. RAMESH AGED 37 YEARS RESIDENT OF NO.140 F-2, RELIANCE VILLA GIRHALKSHMI LAYOUT KAMAL 2ND MAIN ROAD, 2ND STAGE NEAR BSNL, BASAVESHWR NAGAR BANGALORE – 560 079.
... PETITIONERS ... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., LEARNED HCGP FOR R-1; SRI. N.S. SANJAY GOWDA., ADVOCATE FOR R-2;) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH ALL FURTHER PROCEEDINGS THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CR.NO.171/2018 OF TILAK NAGAR P.S., BANGALORE FOR THE OFFENCES P/U/S 420, 506 R/W 34 OF IPC NOW PENIDNG BEFORE THE II A.C.M.M., BANGALORE AS AGAINST THE PETITIONERS HEREIN.
IN CRL.P. NO.2933/2018: BETWEEN:
1. MRS. Y.C. ROOPA W/O MR. HANUMANTHE GOWDA AGED 45 YEARS.
2. MRS. KANCHANA L RAO W/O MR. LAKSHMAMNA RAO PESHVE AGED 46 YEARS.
BOTH ARE DIRECTORS OF M/S ROOPA INFRA PROJECTS (INDIA) PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING THEIR REGISTERED OFFICE AT NO.1129, 30TH MAIN POORNAPRAGNA NAGARA SUBRAMANYAPURA POST BANGALORE – 560 061.
... PETITIONERS (BY SRI. N. SHIVAKUMAR., ADVOCATE) AND:
1. STATE OF KARNATAKA BY THILAKNAGAR POLICE BANGALORE CITY THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS DR. AMBEDKAR VEDHI BANGALORE – 560 001.
2. MRS. PUSHPALATHA S W/O MR. LAKKANNA AGED 37 YEARS RESIDENT OF NO.48 ANJANADRI NAGAR MANJUNATH NAGAR 23RD CROSS, BANASHANKARI 3RD STAGE BANGALORE - 560 021.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., LEARNED HCGP FOR R-1; SRI. N.S. SANJAY GOWDA., ADVOCATE FOR R-2;) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS IN CRIME NO.129/2018 OF TILAK NAGAR POLICE STATION, BANGALORE CITY, FOR THE OFFENCE PUNISHABLE UNDER SECS.420, 506 R/W 34 OF IPC AS AGAINST THE PETITIONER HERE IN AND FURTHER PLEASED TO QUASH ALL FURTHER PROCEEDINGS.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these matters petitioners namely, accused Nos.1 and 2 in Crime Nos.81/2018, 57/2018, 110/2018, 171/2018 and 129/2018 registered by Tilak Nagar Police Station, Bangalore, for the offences punishable under Sections 420, 504, 506 r/w 34 of IPC pending on the file of II Additional Chief Metropolitan Magistrate, Bangalore, have sought for quashing of proceedings.
2. Respective complainants in all these petitions have alleged that petitioners-accused on the assurance of forming a layout and selling sites to the complainants, had received advance amounts and had entered into sale agreements with them in the year 2013 and subsequently, supplementary agreement also came to be executed during the year 2016 and thereafter they have failed to allot sites and execute sale deeds in their favour and when requested to register the sale deed by receiving balance sale consideration, they not only threatened them but also abused them in foul language and as such, they sought for suitable action being taken against accused persons. Said complaints came to be registered in Crime Nos.81/2018, 57/2018, 110/2018, 171/2018 and 129/2018 for the aforestated offences.
3. In all these petitions joint memos have been filed duly signed by petitioners and respective complainants whereunder it is agreed that in view of accused persons having now executed addendum agreement on 14.11.2018 agreeing thereunder to complete the project after obtaining requisite statutory approvals from the concerned authorities and also having further undertaken that sites would be conveyed in respect of respective complainants as agreed under the addendum agreement, they (complainants) do not wish to prosecute their complaints. It is also stated that petitioners/accused have undertaken to complete the residential layout in entirety as agreed to under addendum agreement and they have agreed to convey the sites of agreed dimensions to the respective complainants after receiving balance sale consideration amount without asking for further amount from the complainants.
4. Parties are present before Court and they admit the execution of joint memos and they also reiterate the contents of the joint memos. Respective complainants submits that out of their own free will and volition, without any threat, force or coercion they have affixed their signatures to the joint memos. They also submit that they are not inclined to continue with the prosecution initiated by them against petitioners. To establish their identity photocopies of identity cards issued by the statutory authority is produced along with the joint memos and in token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint memos.
5. In that view of the matter, this Court is of the considered view that there is no impediment to accept the said joint memos. Respective complainants present before Court have also consented for the proceedings initiated by them against the petitioners- accused being quashed, in view of settlement having been arrived at between them. Hence, taking into consideration submissions made by the complainants and in view of joint memos having been filed stating thereunder that addendum agreements have been entered into between complainants and accused persons agreeing to settle their dispute, this Court is of the considered view that continuation of further proceedings against petitioners would not be in the interest of both parties particularly when dispute having been resolved amicably between them and as such continuation of proceedings would not serve any fruitful purpose.
6. In the light of aforestated facts and keeping in mind principles laid down by the Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioners would be an abuse of process of law and it would not serve any purpose. However, to protect the interest of complainants as undertaken by both parties including petitioners, liberty is reserved to the complainants to revive these complaints in the event of breach of undertaking given by petitioners before this Court in the joint memos filed today.
Hence, I proceed to pass the following:
ORDER (i) Criminal petitions are allowed.
(ii) Proceedings pending against petitioners in Crime Nos.81/2018, 57/2018, 110/2018, 171/2018 and 129/2018 registered by Tilak Nagar Police Station, Bangalore, for the offences punishable under Sections 420, 504, 506 r/w 34 of IPC pending on the file of II Additional Chief Metropolitan Magistrate, Bangalore, are hereby quashed and they are acquitted of the aforesaid offences.
SD/-
JUDGE DR