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2022 Supreme(Online)(Kar) 53870
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON9BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION NO.4982 OF 2019
BETWEEN:
MR. MOHAMMAD PATEL SUHAL
S/O MR. IQBAL PATEL,
AGED ABOUT 36 YEARS,
PRESENTLY R/AT NO.6, CHATSWORTH CLOSE,
BLACKBURN, UK-BB18Q4
ENGLAND
... PETITIONER
(BY SRI VIVEKANANDA S. AND
SMT. V.GANGA BAI, ADVOCATES)
AND:
1.
STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001,
BY HALASUR GATE POLICE STATION,
BENGALURU 560 002
2.
DR. GITESH SHAH
HARITA PROJECTS PVT. LTD.
SMIT COMPLEX,
CHOICE LANE OFF. CG ROAD
NAVARANGAPURA, AHMEDABAD CITY,
GUJARAT - 380 009.
... RESPONDENTS
(BY SRI ROHAN RAI K., HCGP FOR R.1;
SMT. MANASI KUMAR, ADVOCATE FOR R.2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT
DATED 18.03.2019 FILED BY THE 2ND RESPONDENT AND
THE FIRST INFORMATION REPORT DATED 18.03.2019
REGISTERED BY THE 1ST RESPONDENT POLICE IN CRIME
NO.0053/2019,
ON
THE
FILE
OF
THE
HON'BLE
I
ADDITIONAL
CHIEF
METROPOLITAN
MAGISTRATE,
BENGALURU, VIDE ANNEXURES A AND B AND ETC.
THIS
CRIMINAL
PETITION
COMING
ON
FOR
ADMISSION,
THIS
DAY,
THE
COURT
MADE
THE
FOLLOWING:
There
were
certain
transactions
between
the
petitioner and respondent no.2 regarding purchase of a
property. On the ground that the petitioner cheated
respondent no.2, a complaint was filed by respondent no.2
against the petitioner before the jurisdictional police
resulting in Crime No.53/2019 on the file of the I Additional
Chief Metropolitan Magistrate, Bengaluru wherein it is stated
that the petitioner is guilty of commissioning of the offences
under Sections 420, 468, 469, 467, 465, 471 read with 34
of IPC. The instant petition is filed with a prayer to quash
the said proceedings.
The dispute between the parties is essentially civil in
nature and pertains to a property transaction. The parties
3
have worked out a compromise and have entered into a
memorandum
of
understanding/settlement
dated
09.11.2021. As part of the said compromise, it is agreed
that respondent no.2 shall co-operate with the petitioner to
have the present petition allowed and the proceedings in
Crime No.53/2019 against the petitioner be quashed.
Respondent no.2 has agreed to withdraw all the allegations
made in his complaint against the petitioner.
3.
The learned counsel for the petitioner as well as
respondent no.2 are present before the Court. The
petitioner and respondent no.2 are present by way of video
conference and they are duly identified by their respective
Advocates. It is prayed by the petitioner and respondent
no.2 that the proceedings in Crime No.53/2019 against the
petitioner herein be quashed.
4.
The said memorandum of understanding/settlement is
placed on record. The dispute is essentially civil in nature
and there is no allegation of any heinous crime being
committed by the petitioner and it does not involve a crime
which shocks the conscience of the Society. Quashing of
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the proceedings against the petitioner will only further the
peaceful
co-existence
between
the
petitioner
and
respondent no.2 and protects the interest of the parties
concerned and the Society in general and it only secures the
interest of justice.
5.
For the aforementioned reasons, the petition is hereby
allowed. The proceedings in Crime No.53/2019 on the file
of the I Additional Chief Metropolitan Magistrate, Bengaluru
against the petitioner herein is quashed.
SD/-
JUDGE
hkh.
