IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE DR.JUSTICE JAWAD RAHIM CRIMINAL PETITION NO.1014/2013

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE BETWEEN: DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE THE HON'BLE DR.JUSTICE JAWAD RAHIM CRIMINAL PETITION NO.1014/ MR.CHANDRASHEKAR SRIPADA VP.HUMAN RESOURCES IBM INDIA PVT.LTD. BLOCK-A, 3 RD FLOOR KORAMANGALA INDIRANAGAR INNER RING ROAD BANGALORE MR.LAHAR APPAIAH S/O LT.COL.P.K.APPAIAH ADDRESS:NJ 104 SHRIRAM SPANDHANA APARTMENTS CHALLAGHATTA OFF WIND TUNNEL ROAD YAMALUR POST BANGALORE MS.DOEL KAR SONDHI D/O DEVABRATA KAR TRUST & COMPLIANCE OFFICER AND COUNSEL INDIA/SOUTH ASIA IBM INDIA LTD., BLOCK C KORAMANGALA-INDIRANAGAR INNER RING ROAD BANGALORE MRS.CHANDAN BALA W/O PRAVIN S.LUNIA ADDRESS: 25, 1 ST FLOOR 6 TH CROSS, GUPTA LAYOUT ULSOOR, BANGALORE PETITIONERS (BY SRI S.MAHESH, ADVOCATE)

2 2 AND: 1. THE STATE OF KARNATAKA BY AIRPORT POLICE BANGALORE MR.PREM J.KAKKATIL S/O J.MATHAI AGED ABOUT 45 YEARS WORKING AS COUNTRY MANGER IBM INDIA PVT. LTD. RESIDING AT CARLESTON NEST LIOYDS ROAD, COOKE TOWN BANGALORE MR.M.SUNDARESH S/O LATE K.MADHAVA MENON AGED ABOUT 48 YEARS WORKING AS GENERAL MANAGER IBM INDIA PVT.LTD. RESIDING AT NO.17 MADHAVAM DURGA PARAMESHWARI LAYOUT VIDHYARANYAPURAM BANGALORE RESPONDENTS (BY SRI NASRULLAH KHAN, HCGP FOR R1; SRI M.SURESH KUMAR, ADVOCATE FOR R2 & R3) THIS CRL.P. FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN P.C.R.NO.146/2011 PENDING ON THE FILE OF X ACMM, BANGALORE, AND ITS CONSEQUENT REGISTRATION OF FIR IN CR.NO.114/2012 BY AIRPORT POLICE STATION, BANGALORE CITY AND ITS CONSEQUENT INVESTIGATION. THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-

3 3 O R D E R Amongst petitioners, petitioner No.2- Mr.Lahar Appiah and petitioner No.4 Mrs.Chandan Bala are present, while respondent No.2 Mr.Prem J.Kakkatil and respondent No.3 - Mr.M.Sundaresh are present. 2. Petitioners who are accused Nos.2, 5, 6 & 11 have brought in question under section 482 of Cr.P.C., the legality of the prosecution initiated against them in Crime No.114/2012, arising out of P.C.R.No.146/2011, on the file of the 10 th ACMM, Bangalore, for the offences punishable under sections 34, 109, 194, 192, 120, 120-B, 201, 202, 204, 415, 468 to 471, 474 and 511 of IPC. They seek quashing of the proceedings. 3. Mr.Mahesh, learned Counsel for the petitioners as also the learned Counsel Shri M.Suresh Kumar for respondents 2 and 3 are present. They submitted that though the prosecution was initiated

4 4 and has been under investigation, the respondents have resolved the dispute with the accused named in the FIR and have decided on their own volition to withdraw the prosecution against the accused. In this regard, the respondents have filed joint affidavit sworn to the effect that though they had initiated the prosecution, they do not wish to pursue it and thus want to terminate the proceedings. 4. As offences alleged are all non-compoundable, the petitioners have resorted to this remedial action. The sworn statement of the respondents would indicate that they do not want to litigate against the accused persons. In the given set of circumstances, when the respondents do not wish to proceed with the case, after the trial is conducted, they will not be able to retract from the statement made in the affidavit, therefore, the trial will be virtually consuming public time and money unjustifiably. Being of this opinion, I accept the request and terminate the proceedings by quashing it exercising power under section 482 Cr.P.C.

5 5 This petition is allowed. Crime No.152/2011, on the file of the X ACMM at Bangalore be and the same is hereby quashed. At this juncture, it is noticed that amongst 11 accused, only 4 have approached this Court, but as the respondents do not wish to proceed against all of them, it would suffice to accept the request on behalf all the accused. Parties presence, their statement made to the Court confirming to the contents of the affidavit and the services of learned Counsel for this positive action are placed on record. Yn. Sd/- JUDGE