After Mondo Builders-ND Developers Settle Dispute, Karnataka HC Quashes Four Criminal Cases

In brief

The question

Whether the criminal proceedings arising from the four FIRs should be quashed in light of the parties’ settlement

The court held

The Court allowed all six criminal petitions and quashed the proceedings in Crime No. 444/2023 against the petitioners in Crl.P. No. 11913/2023; Crime No. 509/2023 against the petitioners in Crl.P. Nos. 13837/2023, 146/2024 and 4676/2024; Crime No. 92/2022 against the petitioners in Crl.P. No. 4704/2024; and Crime No. 116/2023 against the petitioners in Crl.P. No. 5426/2024

01Facts

The petitions under Section 482 of the Code of Criminal Procedure sought quashing of proceedings arising from four FIRs registered in Crime Nos. 444/2023, 509/2023, 92/2022 and 116/2023 at different police stations, involving the same parties

p. 9 · ¶ 1

The parties jointly informed the Court that they had amicably settled their dispute, including the criminal cases, under a settlement reported in Commercial Appeal No. 164/2024.

pp. 9–10 · ¶ 2–4

They appeared before the Court, affirmed that the settlement was voluntary, and filed a joint memo

pp. 9–10 · ¶ 2–4

02Issues

i.Whether the criminal proceedings arising from the four FIRs should be quashed in light of the parties’ settlement

pp. 9–11 · ¶ 2–5

ii.Whether the Court should grant the requested relief under Section 482 CrPC where the offences were treated by the Court as compoundable

p. 10 · ¶ 5

03Law Applied

Section 482 CrPC empowers the High Court to exercise its inherent jurisdiction to quash criminal proceedings.

p. 10 · ¶ 5

The Court considered the offences in the impugned cases to be compoundable and applied that principle alongside the parties’ voluntary settlement and stated intention to bring the criminal cases to an end

p. 10 · ¶ 5

No precedent was cited.

p. 10 · ¶ 5

Provisions in the judgment · 12 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 11 provisions

Section 34 Section 149 Section 323 Section 327 Section 341 Section 406 Section 420 Section 427 Section 448 Section 504 Section 506

04Reasoning

The Court recorded the parties’ joint submission that the settlement covered the criminal cases, noted that the settlement had been affirmed as voluntary and free from coercion, and took the joint memo and the Division Bench judgment in Commercial Appeal No. 164/2024 on record

pp. 9–10 · ¶ 2–4

Given the settlement and its view that the offences were compoundable, the Court concluded that quashing the proceedings was warranted

p. 10 · ¶ 5