M/S.Gammon Engineers vs State of Karnataka, - Court Judgment

SooperKanoon Citationsooperkanoon.com/1602021
CourtKarnataka Dharwad High Court
Decided OnSep-10-2025
Case NumberCRL.P/100758/2020
JudgeS.Vishwajith Shetty
AppellantM/S.Gammon Engineers
RespondentState of Karnataka,
Excerpt:
-1-in the high court of karnataka, at dharwaddated this the 10th day of september, 2025 before the hon'ble mr. justice s.vishwajith shetty criminal petition no. 100758 of 2020 (482(cr.pc)/528(bnss)) between:1. m/s. gammon engineersand contractors pvt. limited, having its registered office at: gammon house, veer savarkar marg, p.o. box no.9129, prabhadevi, mumbai-400025, represented by its deputy manager administration, mr. satyendra ray.2. mr. sanjeev s.g.son of s.c. giriyappanavar, aged about 45 years, digitally signed by rakesh s rakesh harihar project manager of s location: high court of harihar karnataka dharwad bench bhuvanahalli, tq. hosapete, ballari-583 223.3. mr. srinivasan k.l.son of r. kasinathan, aged about 54 years, executive director of -2- gammon house, veer savarkar marg, prabhadevi, mumbai-400 025. … petitioners (by sri. j. hudson samuel, advocate) and:1. state of karnataka, ballari cen police station, ballari-583 132, by state public prosecutor, high court of karnataka, dharwad bench, dharwad.2. thirumala stone crusher and minerals, sultanpura village (budagumpa), koppalla-583 238, represented by its partner, mr. sheelam vijaya bhaskar reddy. … respondents (by smt. girija s. hiremath, hcgp for r1; smt. soubhagya s. vakkund, advocate for r2) this criminal petition is filed under section 482of cr.p.c., praying to quash the fir registered in crime no.0019/2020 by the respondent no.1, produced at annexure-c to the petition and consequently quash all proceedings arising thereof, for offences punishable under section 420 of ipc, in the interest of justice. this petition coming on for further hearing, this day, order is made therein as under: -3-oral order(per: the hon'ble mr. justice s.vishwajith shetty)1. petitioners are before this court with a prayer to quash the fir in crime no.19/2020 registered ballari cen police station, for the offence punishable under section 420 of ipc.2. learned counsel for the petitioners submits that thedispute between the parties is purely civil in nature. the allegation in the first information is that petitioners are due to pay a sum of rs.1,99,11,132/- to the first informant towards the value of the goods supplied by the complainant. he submits that the entire dues have been paid by the petitioners to respondent no.2-complainant.3. learned counsel for respondent no.2, on instructions, submits that respondent no.2 has received the entire dues from the petitioners and respondent no.2 has no objection to allow the petition.4. the aforesaid submissions made by both the parties is placed on record. -4-5. petition is allowed. the entire proceedings in crimeno.19/2020 registered ballari cen police station, for the offences punishable under section 420 of ipc, is quashed as against the petitioners. sd/- (s.vishwajith shetty) judge kk ct:bck list no.: 1 sl no.: 117
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100758 OF 2020 (482(CR.PC)/528(BNSS)) BETWEEN:

1. M/S. GAMMON ENGINEERS

AND CONTRACTORS PVT. LIMITED, HAVING ITS REGISTERED OFFICE AT: GAMMON HOUSE, VEER SAVARKAR MARG, P.O. BOX NO.9129, PRABHADEVI, MUMBAI-400025, REPRESENTED BY ITS DEPUTY MANAGER ADMINISTRATION, MR. SATYENDRA RAY.

2. MR. SANJEEV S.G.

SON OF S.C. GIRIYAPPANAVAR, AGED ABOUT 45 YEARS, Digitally signed by RAKESH S RAKESH HARIHAR PROJECT MANAGER OF S Location: HIGH COURT OF HARIHAR KARNATAKA DHARWAD BENCH BHUVANAHALLI, TQ. HOSAPETE, BALLARI-583 223.

3. MR. SRINIVASAN K.L.

SON OF R. KASINATHAN, AGED ABOUT 54 YEARS, EXECUTIVE DIRECTOR OF -2- GAMMON HOUSE, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI-400 025. … PETITIONERS (BY SRI. J. HUDSON SAMUEL, ADVOCATE) AND:

1. STATE OF KARNATAKA, BALLARI CEN POLICE STATION, BALLARI-583 132, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

2. THIRUMALA STONE CRUSHER AND MINERALS, SULTANPURA VILLAGE (BUDAGUMPA), KOPPALLA-583 238, REPRESENTED BY ITS PARTNER, MR. SHEELAM VIJAYA BHASKAR REDDY. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. SOUBHAGYA S. VAKKUND, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.0019/2020 BY THE RESPONDENT NO.1, PRODUCED AT ANNEXURE-C TO THE PETITION AND CONSEQUENTLY QUASH ALL PROCEEDINGS ARISING THEREOF, FOR OFFENCES PUNISHABLE UNDER SECTION 420 OF IPC, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: -3-

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Petitioners are before this Court with a prayer to quash the FIR in Crime No.19/2020 registered Ballari CEN Police Station, for the offence punishable under Section 420 of IPC.

2. Learned Counsel for the petitioners submits that the

dispute between the parties is purely civil in nature. The allegation in the first information is that petitioners are due to pay a sum of Rs.1,99,11,132/- to the first informant towards the value of the goods supplied by the complainant. He submits that the entire dues have been paid by the petitioners to respondent no.2-complainant.

3. Learned Counsel for respondent no.2, on instructions, submits that respondent no.2 has received the entire dues from the petitioners and respondent no.2 has no objection to allow the petition.

4. The aforesaid submissions made by both the parties is placed on record. -4-

5. Petition is allowed. The entire proceedings in Crime

No.19/2020 registered Ballari CEN Police Station, for the offences punishable under Section 420 of IPC, is quashed as against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 117