Karnataka High Court
Sri. S Gowri Shankar vs The State on 27 November, 2023
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NC: 2023:KHC:42855
CRL.P No. 8558 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 8558 OF 2019
BETWEEN:
SRI. S. GOWRI SHANKAR
S/O. LATE SRI. K.P. SUBRAMANYAM,
AGED ABOUT 57 YEARS,
R/AT NO.15, 6TH CROSS, 1ST MAIN,
SAMPANGIRAMANAGAR,
BANGALORE 560027
...PETITIONER
(BY SMT. HEENA S.A., ADVOCATE FOR
SRI. SANTOSH S GOGI, ADVOCATE)
AND:
1. THE STATE
THROUGH COTTONPET POLICE STATION,
BANGALORE,
REP. BY THE SPP,
HIGH COURT BUILIDNG,
BANGALORE-01.
Digitally 2.
signed by SRI. K. PARTHASARATHY
SUMA S/O. LATE SRI. B.T. KEMPANNA,
Location: AGED ABOUT 56 YEARS,
HIGH R/A 3394, VHBCS,
COURT OF
KARNATAKA IV PHASE, GIRINAGAR,
HOSAKEREHALLI CROSS,
BANGALORE-560085
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.1;
SRI. M.V. GANESH, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME
NO.92/2017 DATED 14.04.2017 AND CHARGE SHEET IN
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NC: 2023:KHC:42855
CRL.P No. 8558 of 2019
C.C.NO.9886/2018 DATED 12.12.2017 FILED BY THE COTTONPET
POLICE STATION, BENGALURU ON THE FILE OF THE IV ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND TAKING OF
COGNIZANCE BY THE IV ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU IN C.C.NO.9886/2018 (ANNEXURES A, B,
C AND D).
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the prosecution
launched against him in C.C. No.9886/2018 pending trial
before the IV Additional Chief Metropolitan Magistrate,
Bengaluru, for the offences punishable under Sections
406, 420, 120B read with Section 34 of the Indian Penal
Code, 1860 (for short, 'IPC').
2. After the petition was heard, the parties
indicated that they are exploring a settlement and hence,
the case was posted for reporting settlement. The parties
have today filed a joint memo which reads as follows:
"JOINT MEMO ALONG WITH AFFIDAVITS
The Petitioner and Respondent No.2 submit as
follows:
NC: 2023:KHC:42855
The Petitioner and Respondent No.2 have
amicably settled their disputes and differences
between them in O.S.No.6062/2017 pending on the
file of the Hon'ble City Civil Court, CCH.No.40,
Bengaluru, and have filed a Compromise Petition and
accordingly the Hon'ble City Civil Court was pleased
to pass Judgment and Decree dated 26.10.2023 in
the said suit as per the Compromise Petition.
In view of the above said settlement the
Respondent No.2 herein, i.e., the Complainant in
C.C.No.9886/2018 on the file of the IV Addl. Chief
Metropolitan Magistrate, Bengaluru, will not press
the complaint and has no objection to quash the
complaint in C.C.9886/2018 pending on the file of
the IV Addl.CMM, Bengaluru, and allow this criminal
petition and grant such other and further reliefs as
this Hon'ble Court deems fit, in the interest of
justice.
A certified copy of the compromise petition and
judgment and decree dated 26.10.2023 passed in
O.S.No.6062/2017 are produced herewith for kind
perusal of this Hon'ble Court.
Hence this joint memo."
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3. The petitioner and respondent No.2 are present
in person and have admitted the terms of the joint memo.
They have affixed their signatures to the order sheet of
this Court in token of the acceptance of the terms of joint
memo.
4. In view of the above, the prosecution of the
petitioner in C.C. No.9886/2018 pending trial before the IV
Additional Chief Metropolitan Magistrate, Bengaluru for the
offences punishable under Sections 406, 420 and 120B
read with Section 34 of the Indian Penal Code, 1860 is
quashed.
Sd/-
JUDGE
SMA
