High CourtsSingle Bench(2021) 04 KAR CK 0097

B.K. Padmanabha Reddy vs State Of Karnataka & Others

Karnataka High Court · Decided on 15 April 2021

HON’BLE JUDGES
H.P. Sandesh, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 7604 Of 2020

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Judgment

10 paragraphs · 318 words

H.P. Sandesh, J

1.

This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the FIR in Crime No.240/2018 of Bellandur Police Station for the offences punishable under Sections 120B, 468, 474, 420, 406 read with Section 34 of IPC.

2.

The factual matrix of the case is that the petitioner entered into an agreement of sale with respondent No.2 and received an amount of Rs.71,00,000/- and also the petitioner has supplied several documents and dispute was arisen between the parties and hence respondent No.2 had lodged the complaint before the police and the police have registered the FIR and matter is under investigation.

3.

During the pendency of this petition, the parties have settled the matter amicably and filed an application under Section 482 read with Section 320 of Cr.P.C. praying this Court to quash the FIR registered against the petitioner. The parties are present before the Court and reiterated the settlement arrived between the parties. In terms of the settlement, the parties have entered into cancellation of agreement of sale and the petitioner has paid an amount of Rs.76,00,000/- and the same is acknowledged by respondent No.2. In view of the filing of the application and also joint affidavit of the parties and when the matter is settled amongst the parties and issue between the parties is also interse between them and the same is not against the Society at large, this Court can permit them to compound the offences as held by the Apex Court in the judgment in the case of GIAN SINGH V.

STATE OF PUNJAB reported in (2012) 10 SCC 303.

4.

In view of the discussions made above, I pass the following:

ORDER

(i) The application filed under Section 482 read with Section 320 of Cr.P.C. is allowed.

(ii) Consequently, the petition is allowed.

(iii) The proceedings initiated against the petitioner in Crime No.240/2018 is hereby quashed.