Criminal Petition No. 1140 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1140 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT SPOORTHI H G W/O DILEEP AGED ABOUT 26 YEARS R/AT NO.21/4, 17TH MAIN ROAD MARUTHI BLOCK, SRINAGARA BENGALURU SOUTH BENGALURU-560 085. (BY SRI. M. UNNIKRISHNA, ADVOCATE FOR SRI. SURESHA C.,ADVOCATE) AND: …PETITIONER 1. 2.
Legal Reasoning
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka STATE OF KARNATAKA JAYANAGARA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.
Legal Reasoning
SRI KEERTHAN G S/O A JORJ AGED ABOUT 25 YEARS R/AT 19/B, 2ND MAIN ROAD 3RD CROSS, DMR LAYOUT ANANDAPURAM, RAMAMURTHYNAGAR BENGALURU CITY – 560 036. (BY SRI. THEJESH.P, HCGP FOR R-1 R-2 SERVED, BUT UNREPRESENTED) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER (ACCUSED NO.11) IN C.C.NO.23772/2022 (CRIME NO.74/2017 OF JAYANAGAR P.S.,) ON THE FILE OF THE XXXVII ACMM, BANGALORE FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC. - 2 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to quash the entire proceedings initiated against the petitioner (accused No.11) in C.C.No.23772/2022 (Crime No.74/2019 of Jayanagara Police Station) on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Section 420 r/w. Section 34 of IPC in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 – defacto complainant filed the instant complaint dated 06.04.2019 against the petitioner – accused No.11 and 13 other persons for the offences punishable under Sections 506, 120B, 420 r/w. Section 34 of IPC. In pursuance of the said complaint, which was registered as FIR in Crime No.74/2019 and charge sheet for the offence punishable under Section 420 r/w. 34 - 3 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 of IPC was registered against the petitioner, which are pending in C.C.No.23772/2022 before the Trial Court. 4. A perusal of the material on record comprising of charge sheet, FIR, statement of witnesses, documents etc., will indicate that common and identical allegations have been made against all the accused except accused No.4. It is pertinent to note that accused Nos.2 and 3 approached this Court in
Decision
Crl.P.No.4707/2019, which was disposed of on 04.09.2019 by this Court by quashing the proceedings by holding as under: “Second respondent filed FIR No.74/2019 alleging that one Paramesh had promised him to get a job in M/s. Enwon Buildtech India (OPC) Private Limited. Paramesh demanded Rs.1,50,000/- to get the said job. Accordingly complainant paid Rs.1,50,000/- to Paramesh. However, the placement offered in the said Company did not materialize. Subsequently, complainant demanded refund of the amount from the said Paramesh. Paramesh issued three Cheques bearing Nos.517395, 517392 and 517394 for Rs.50,000/- each and the said Cheques stood dishonored. Accordingly, complainant filed the instant complaint against 14 accused. Paramesh is accused No.4. Petitioners are accused Nos.2 and 3. 2. A joint affidavit has been filed duly signed by the petitioners and the complainant. Para No.7 of the Joint Affidavit reads as follows: - 4 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 “It is therefore prayed that Petitioners and the Respondent No.2 may be permitted to (sic) compound the offences and be pleased to quash the proceedings against petitioners and registration of case FIR No.74/2019 for the offences punishable under Section 420, 120B, 506 R/w. 34 of Indian Penal Code 1860” 3. Learned counsel for the petitioners submitted that both petitioners are Directors in the Company called M/s. Limetech India Private Limited which is situated in the same premises wherein M/s Enwon Buildtech India Private Limited is situated. 4. Sri Manjunatha H.B., learned Advocate for the complainant submitted that the complainant has no grievance against the petitioners, as the complainant has paid money to accused No.4. However, based on the advice of well-wishers, the petitioners and the complainant have amicably resolved the issue and petitioners have paid a sum of Rs.1,50,000/- to the complainant. 5. Petitioners and complainant are present before the Court and they are identified by their respective Advocates. 6. Complainant submitted that he has no grievance against the petitioners. He is a poor man and had lost Rs.1,50,000/- by believing the words of one Paramesh. 7. Petitioners are arrayed as accused Nos.2 and 3 in the FIR. It is stated in the affidavit that they are nothing to do with the M/s. Enwon Buildtech India Private Limited. The allegations contained in the complaint is specifically against Paramesh. Parties have amicably resolved the dispute and the complainant has got back his amount and he has - 5 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 submitted before this Court that he has no grievance against the petitioners. 8. In the circumstances, no useful purpose would be served by continuing criminal proceedings, against petitioners. Therefore, it is just and appropriate to quash them and accordingly FIR No.74/2019 dated 06.04.2019 and all proceedings thereon pending on the file of II ACMM Bengaluru are quashed so far as petitioners are concerned. 9. Petition is accordingly allowed. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.” 5. The aforesaid order in relation to accused Nos.2 and 3 and respondent No.2 – complainant, who was arrayed as respondent No.2 in the said petition has become conclusive and binding upon respondent No.2. Under these circumstances, having regard to the similar and identical nature of allegations made against the accused Nos.2 and 3 and same being quashed, I deem it just and appropriate to invoke the Doctrine of Parity and quash the impugned proceedings in so far as accused No.11 is concerned. 6. In the result, I pass the following: - 6 - NC: 2025:KHC:7002 CRL.P No. 1140 of 2023 ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.23772/2022, arising out of Crime No.74/2019 registered by respondent No.1-Police, pending on the file of the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioner-accused No.11 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 3