Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 5237 OF 2024 BETWEEN:
1. SUDARSHAN SON OF RAMACHANDRAPPA AGED ABOUT 49 YEARS RESIDING AT NO 2, 1ST FLOOR, GTB BUILDING KRISHNA REDDY LAYOUT, AECS LAYOUT, BENGALURU - 560037
2. SKYLINE LOGISTICS SERVICES
NO. 1609, TEACHERS COLONY EXTENSION KALYAN NAGAR POST BEHIND HP PETROL BUNK, BENGALURU - 560043. Digitally signed by VEDAVATHI A K REPRESENTED BY: PRAVEEN SINGH Location: High Court of (PETITIONER NO.6 HEREIN) Karnataka
3. BLUE STAR AIR SEA LOGISTICS NO.49, 1ST FLOOR, 4TH CROSS, YELAHANKA BENGALURU - 560037. REPRESENTED BY: SUDARSHAN AND ANUPAMA SUDARSHAN (PETITIONERS NO.1 & 4 HEREIN) -2-
4. ANUPAMA SUDARSHAN WIFE OF SUDARASHAN AGED ABOUT 43 YEARS RESIDING AT NO. 2, 1ST FLOOR GTB BUILDING, KRISHNA REDDY LAYOUT AECS LAYOUT, BENGALURU - 560037
5. AIR SEA LOGISTICS NO.08, 4TH FLOOR, HOLLYWOOD JUNCTION SADAHALLI POST, DEVANAHALLI ROAD, BENGALURU - 562110. REPRESENTED BY: SUDARSHAN (PETITIONER NO.1 HEREIN)
6. PRAVEEN SINGH SON OF PRATAP SINGH AGED ABOUT 43 YEARS RESIDING AT NO.1609, TEACHERS COLONY EXTENSION KALYAN NAGAR POST, BEHIND HP PETROL BUNK, BENGALURU - 560043
7. SANJAY KUMAR SON OF LATE M. MITTALAL AGED ABOUT 55 YEARS RESIDING AT NO.09 DODDAKATTAPA ROAD, HALASURU BENGALURU - 560 008
8. KRISHNAMURTHY V SON OF LATE VENKATARAMANAPPA -3- AGED ABOUT 58 YEARS RESIDING AT NO.188, VAJARAHALLI, KANAKPURA MAIN ROAD, BENGALURU -560 062. …PETITIONERS (BY SMT. MUNDKUR AARTI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY THE CUBBON PARK POLICE STATION REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560001
2. M/S DELTA INFRALOGISTICS NO.407, 4TH FLOOR, BARTON CENTRE, M G ROAD, BENGALURU - 560001 REPRESENTED BY: VADAKKEPAT DEVADASAN …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1; SRI. PRADEEP KUMAR. P.D., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO.14711/2018 ARISING OUT OF PCR NO.13655/2015 PENDING ON THE FILE OF THE III A.C.M.M BENGALURU FOR THE OFFENCE P/U/S 408, 420, 477(A), 120(B) R/W 34 OF IPC AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN -4-
ORAL ORDER
This petition is filed by the petitioners/accused Nos.1 to 8 under Section 482 of Cr.P.C for quashing the criminal proceedings in C.C No.14711/2018 pending on the file of IV ACMM, Bengaluru arising out of PCR No.13655/2015 in Crime No.387/2015 of Cubban Park Police Station, for the offences punishable under Section 408, 420, 477(A), 120
(B) r/w Section 34 of IPC.
2. All the accused persons are present before the Court.
3. During the pendency of the petition, both the petitioners/accused Nos.1 to 8 and the respondent No.2 has filed a joint compromise application seeking permission of this Court to compound the offence.
4. As per the terms of compromise the
petitioner/accused No.1 has agreed to pay Rs.14,00,000/- to the respondent No.2, out of which, Rs.12,00,000/- is said to be already paid to the respondent No.2 and balance of Rs.2,00,000/- in the form of D.D. is hand over -5- to the respondent No.2 in the Court. The same is received and acknowledged by the respondent No.2.
5. The dispute between the petitioners and respondent No.2 are employer and employee dispute and now both of them agreed to settle their issues.
6. Considering the facts and circumstances, the IA
No.3/2024 is allowed, permitted them to compound the offence. Consequently, the petition is Allowed The criminal proceedings against the petitioner/accused Nos.1 to 8 in C.C No.14711/2018 on the file of IV ACMM, Bengaluru now pending in III ACMM, Bengaluru is hereby quashed. Sd/- (K.NATARAJAN) JUDGE VS List No.: 2 Sl No.: 5 CT:SK