Desai M S vs The State By
2021 Latest Caselaw 1440 Kant

                              1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 27TH DAY OF JANUARY, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE H.P. SANDESH

         CRIMINAL PETITION NO.3422 OF 2020

Between:

Sri. Desai M.S.,
S/o. Shivalingappa V.,
Aged about 51 years,
No.2457, Maruthi Nagara,
Kyathasandra, Siddagganga Matha,
Tumkur-572104.
                                                 ... Petitioner
(By Sri. Manu N.P., Advocate)

And:

1.     The State by
       Bengaluru Rural Railway Police Station,
       Bengaluru City Railway Circle,
       Bengaluru,
       Rep by Addl. Public Prosecutor,
       High Court of Karnataka,
       Bengaluru-560001.

2.     Mehnaz Aquil,
       W/o. Syed Aquil Ahmed,
       Aged about 60 years,
       Flat No.204, Iqbal Plaza,
       No.36, Millers Road,
       Benson Town, Bengaluru North,
       Bengaluru-560046.
                                              ... Respondents
(By Sri. K.S.Abhijith, HCGP for R1
    Sri. J.Santosh Prasad, Advocate for R2)
                               2



      This Criminal Petition is filed under Section 482 of
CR.P.C. praying to quash the proceedings of FIR in
Cr.No.262/2017 registered by Bengaluru Rural Railway
Police Station, Bengaluru pending on the file of the Hon'ble
4th A.C.M.M., Court at Bengaluru for the offence punishable
under Sections 417 and 420 of IPC.

      This Criminal Petition coming on for Admission this
day, the court made the following:

                         ORDER

This petition is filed under Section 482 of Cr.P.C.

praying this court to quash the FIR in Cr.No.262/2017 for

the offences punishable under Sections 417 and 420 of IPC.

2. The factual matrix of the case is that the petitioner

was holding stalls at various railway platforms at Mysore,

Arasikere and Yalahanka Railway Station. Both the

petitioner and respondent no.2 entered into a civil contract

to arrange the said stalls. The amount was fixed at

Rs.6,00,000/-. The petitioner could not allow the running

of the above mentioned stalls by respondent no.2 and

hence complaint is filed for cheating. The case is

registered.

3. The petitioner has already paid the amount of

Rs.6,00,000/- which he had received on the advice of the

well-wishers. Both of them have filed separate affidavit

along with the application under Section 482 of Cr.P.C.

Having considered the application and affidavit of the

petitioner and respondent no.2, the matter is settled and

also received the amount.

4. The Apex Court in the judgment of Gian Singh's

case has held that if the offence is not against the society

at large, the court can compound the offence. In the case

on hand it is of the similar nature between the parties and

now the parties have settled the matter and repaid the

amount. In view of the principles laid down in the case

stated supra, it is a fit case to compound the offence. In

view of the above discussion, I pass the following:

ORDER

The application under Section 482 of Cr.P.C. seeking

permission to compound the offence is hereby allowed.

Consequently the petition is allowed. The proceedings

initiated against the petitioner is hereby quashed.

Sd/-

JUDGE sd