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2022 DIGILAW 496 (KAR)

Balachandarkrishnaswamy v. State of Karnataka

2022-04-07

M.NAGAPRASANNA

body2022
JUDGMENT M. Nagaprasanna, J. - The petitioner is before this Court calling in question proceedings in C.C.No.9775/2021 registered for offences punishable under Sections 406, 417, 418, 419, 420, 120B, 506 read with Section 34 of IPC pending on the file of the IV aCMM Court at Bengaluru. 2. During the pendency of the proceedings, it transpires that the parties to the lis have entered into a compromise and have filed such conditions of compromise. The terms of compromise as obtaining in the compromise petition, reads as follows: COMPROMISE PETITION 1. The petitioner submits that, being aggrieved by proceedings initiated in CC 9775/2021 arising out of Crime No.33/2020 registered on the file of the 1st Respondent police which got registered on the strength of directions under section 156(3) of Crpc in PCR No.11147/2019 on the file of the Hon'ble IV aCMM, Bengaluru, for the offences punishable u/s 406,417,418,419,420,120B,506 R/W sec 34 of IPC. 2. It is pertinent to note that during the court proceedings, the Petitioner, 1st accused Srinivas and the 2nd Respondent / complainant have discussed amongst themselves and arrived to a settlement on the terms and conditions detailed below: Terms and Conditions: i. It is agreed between the parties that the 1st accused / Srinivas who has signed this compromise petition shall repay a sum of Rs.12,75,000/- to the 2nd Respondent / Defacto complainant towards the refund of the lease amount registered vide Lease agreement dated 19/07/2018 after adjusting Rs.75,000/- towards damages and painting charges, the 2nd Respondent / Defacto complainant has also agreed for the same. ii. It is agreed between the parties that, the said amount shall be paid by 1st accused Srinivas as full and final settlement on or before 31/12/2022 to the 2nd Respondent / Defacto complainant and towards the part payment 1st accused Srinivas has this day issued a cheque in favour of the 2nd Respondent / Defacto complainant a sum of Rs.50,000/- vide cheque No.729398 dated 18/4/2022 drawn on SBI Bank, Jayanagar Branch, Bengaluru and 2nd Respondent / Defacto complainant has acknowledged the receipt of the same. iii. It is agreed between the parties that in case the 1st accused Srinivas fails to settle the 2nd Respondent / Defacto complainant on or before 31/12/2022, the Petitioner / 2nd accused shall be responsible to settle for balance dues to the 2nd Respondent / Defacto complainant as on 31/12/2022. iv. iii. It is agreed between the parties that in case the 1st accused Srinivas fails to settle the 2nd Respondent / Defacto complainant on or before 31/12/2022, the Petitioner / 2nd accused shall be responsible to settle for balance dues to the 2nd Respondent / Defacto complainant as on 31/12/2022. iv. It is submitted that the 2nd Respondent shall have no objection whatsoever to quash this proceedings against this Petitioner, if Petitioner fails to comply with the terms of this compromise petition, in such case the 2nd Respondent shall be at liberty to reopen this petition or shall file a fresh complaint on the fresh cause of action for non-compliance of this compromise petition. v. It is agreed between the parties that the 2nd Respondent / Defacto complainant shall immediately vacate and handover the vacant possession of the respective portions for which the lease agreement have been entered between the parties. Wherefore, it is most respectfully prayed that this Hon'ble court be pleased to accept the compromise petition and quash the proceedings initiated in CC 9775/2021 arising out of Crime No.33/2020 registered on the file of the 1st Respondent police which got registered on the strength of directions under section 156(3) of Crpc in PCR No.11147/2019 on the file of the Hon'ble IV aCMM, Bengaluru, for the offences punishable u/s 406,417,418,419,420,120B,506 R/w sec 34 if IPC against the petitioner and pass such orders that this Hon'ble Court deems fit, in the interest of justice'. In the light of the compromise arrived at between the parties as afore-quoted, I deem it appropriate to terminate the proceedings against the petitioner - accused No.2 in the subject petition. 3. Therefore, the following: ORDER i. Criminal Petition is allowed. ii. Proceedings pending in C.C.No.9775/2021 before the IV aCMM, Bengaluru stands quashed qua the petitioner. iii. It is made clear that if there is breach of any term of compromise so placed before this Court, the complainant would be at liberty to initiate such proceedings as available in law. With the quashment of the proceedings against accused No.2, he shall be entitled to all consequential benefits of such quashment. In view of disposal of the main petition, I.a.No.2/2022 also stands disposed.