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2022 Supreme(Online)(Kar) 58138
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2022
BEFORE
THE HON9BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION No.5969 OF 2016 C/W
CRIMINAL PETITION NO.9265 OF 2016 &
CRIMINAL PETITION NO.1704 OF 2017
IN CRL.P. NO.5969 OF 2016:
BETWEEN:
MRS. AVNEET BEDI
W/O. MR. HARKIRAT SINGH BEDI,
AGED ABOUT 56 YEARS,
9TH AND 10TH FLOORS, DELTA TOWERS,
SIGMA SOFT TECH PARK NO.7,
WHITE FIELD ROAD,
BANGALORE - 560 066.
... PETITIONER
(BY SRI ANAND MUTTALLI, ADVOCATE)
AND:
1.
STATE BY WHITEFIELD POLICE STATION
REPRESENTED BY GOVERNMENT ADVOCATE
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
2.
MR. NAVIN MALIK
AGED 40 YEARS,
S/O. MR. NARINDER MALIK,
RESIDING AT NO.778,
HAL II STAGE, 13TH MAIN,
INDIRANAGAR,
BANGALORE - 560 038.
... RESPONDENTS
2
(BY SRI RAHUL RAI K., HCGP FOR R.1;
SRI JANEKERE C. KRISHNA, ADVOCATE FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED
04.05.2013 PASSED IN C.C. NO.2720/2013 ON THE FILE OF
THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT BANGALORE RURAL DISTRICT, BANGALORE AND QUASH
THE CHARGE SHEET IN CR.NO.81/2012 DATED 26.09.2012
FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER
HEREIN FOR THE OFFENCE UNDER SECTIONS 406, 420,
120B READ WITH 34 OF INDIAN PENAL CODE.
IN CRL.P. NO.9265 OF 2016:
BETWEEN:
MR. H.S. BEDI
S/O. LATE I.S. BEDI,
AGED ABOUT 59 YEARS,
NO.I 77, DIAMOND DISTRICT,
AIRPORT ROAD, KODIHALLI,
BANGALORE - 560 038.
... PETITIONER
(BY SRI ANAND MUTTALLI, ADVOCATE)
AND:
1.
STATE BY WHITEFIELD POLICE STATION
REPRESENTED BY GOVERNMENT ADVOCATE
HIGH COURT OF KARNATAKA
2.
MR. NAVIN MALIK
AGED 40 YEARS,
S/O. MR. NARINDER MALIK,
RESIDING AT NO.778,
HAL II STAGE, 13TH MAIN,
INDIRANAGAR,
BANGALORE - 560 038.
... RESPONDENTS
(BY SRI RAHUL RAI K., HCGP FOR R.1;
3
SRI JANEKERE C. KRISHNA, ADVOCATE FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED
04.05.2013 PASSED IN C.C. NO.2720/2013 ON THE FILE OF
THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT BANGALORE RURAL DISTRICT, BANGALORE AND QUASH
THE CHARGE SHEET DATED 26.09.2012 FILED IN C.C.
NO.2720/2013, HON'BLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BY THE 1ST RESPONDENT AGAINST THE
PETITIONER HEREIN FOR THE OFFENCES UNDER SECTIONS
406, 420, 120B READ WITH 34 OF INDIAN PENAL CODE.
IN CRL.P. NO.1704 OF 2017:
BETWEEN:
MS. BANI BEDI
AGED ABOUT 33 YEARS,
D/O. MR. H.S. BEDI,
REISIDING AT 177, DIAMOND DISTRICT,
AIRPORT ROAD, KODIHALLI,
BENGALURU - 560 008.
... PETITIONER
(BY SRI ANAND MUTTALLI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY WHITEFIELD POLICE STATION
REPRESENTED BY S.P.P.,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001,
NALLURHALLI, WHITEFIELD,
BENGALURU - 560 066.
2.
MR. NAVIN MALIK
AGED 40 YEARS,
S/O. MR. NARINDER MALIK,
RESIDING AT NO.778,
HAL II STAGE, 13TH MAIN,
4
INDIRANAGAR,
BANGALORE - 560 038.
... RESPONDENTS
(BY SRI RAHUL RAI K., HCGP FOR R.1;
SRI JANEKERE C. KRISHNA, ADVOCATE FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED
04.05.2013 PASSED IN C.C. NO.2720/2013 ON THE FILE OF
THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT BANGALORE RURAL DISTRICT, BANGALORE AND QUASH
THE CHARGE SHEET DATED 26.09.2012 FILED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER HEREIN FOR THE
OFFENCES UNDER SECTIONS 406, 420, 120B READ WITH
34 OF INDIAN PENAL CODE PENDING BEFORE THE 1ST
ACJM COURT AT BENGALURU IN CC NO.2720/2013.
THESE
CRIMINAL
PETITIONS
COMING
ON
FOR
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
There were certain commercial transactions between
the petitioners on the one hand and respondent no.2 on the
other which went wrong. It resulted in respondent no.2
filing a private complaint before I Additional Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru, which
culminated into CC No.2720/2013. Aggrieved by the same,
accused nos.1 to 3 therein have preferred the present
criminal petitions.
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The matter was referred to Bangalore Mediation
Centre wherein the parties have settled their dispute
amicably and a mediation report dated 15.09.2022 is placed
before the Court. The petitioner in Crl.P.No.9265/2016 is
present
before
the
Court
and
the
petitioner
in
Crl.P.No.5969/2016 is his wife and the petitioner in
Crl.P.No.1704/2017 is his daughter. Respondent no.2 in all
the aforementioned petitions is one and the same, and is
the complainant in C.C. No.2720/2013 and he is present
before the Court. They are duly identified by their
respective Advocates. It is prayed by both the parties that
the proceedings in C.C.No.2720/2013 be quashed in the
light of the compromise entered into between the parties.
3.
Though
all
the
offences
alleged
are
not
compoundable, they do not constitute any heinous crime
which shocks the conscience of the Society. The
proceedings in C.C.No.2720/2013 has been initiated in
pursuance of a failure in commercial transaction and the
parties have mutually resolved the dispute. In the light of
the
same,
setting
aside
the
proceedings
in
CC
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No.2720/2013 will only further the interest of justice by
facilitating the parties to live peacefully without any enmity
and it will not harm interest of any person in the Society.
4.
For the aforementioned reasons, the instant criminal
petitions are hereby allowed and the proceedings in CC
No.2720/2013 on the file of I Additional Chief Judicial
Magistrate, Bengaluru Rural District, Bengaluru, against the
petitioners herein are hereby quashed.
SD/-
JUDGE
hkh.
