M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED v. ASHISH SHILL
CRL.P/5543/2018 · 2025-02-25
M G Uma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46237 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46237 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8269 CRL.P No. 5543 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5543 OF 2018 BETWEEN:
M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED, REGD OFFICE:
#5, II LINK STREET, CIT COLONY, MYLAPORE, CHENNAI - 600 004 REPRESENTED BY ITS MANAGING DIRECTOR, SRI. S. SIVARAMAKRISHNA, (AS STATED IN THE COMPLAINT IN PCR NO.10251 OF 2015) …PETITIONER (BY SRI. H. MUJTABA, ADVOCATE) AND:
ASHISH SHILL S/O RABI SHILL, AGED 34 YEARS, WORKING AS LABOUR SUB CONTRACTOR, R/AT KUNARGAON, PANDITPATA - 2, ISLAMPUR, UTTAR DINAJPUR - 733 202, WEST BENGAL. …RESPONDENT (BY SRI. M.A. CHENGAPPA, ADVOCATE)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.21622/2017 IN THE COURT OF THE IV A.C.M.M., BANGALORE.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE M G UMA
Digitally signed by SWAPNA V Location: high court of karnataka
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NC: 2025:KHC:8269 CRL.P No. 5543 of 2018
ORAL ORDER
Learned counsel for the petitioner and learned counsel for the respondent are present before the Court along with their respective parties. Petitioner and respondent are identified by their respective counsel.
2.
Learned counsel for the respondent/complainant has filed a memo reporting settlement. The same reads as under:
" 1. The Respondent / Complainant submits that he had filed a Complaint in PCR No.10251/2015 on the file of the learned IV ACMM., Bangalore against the petitioner herein and others alleging commission of Offence under Sections 406, 477A r/w 34 of IPC. After recording sworn statement, the learned magistrate, by an order dated 21/08/2018 directed registration of a criminal case against the accused for the said offences and issued summons to the accused. The case was numbered as C.C.No.21622/2017 on the file of the learned IV A.C.M.M., Bangalore. 2. It is submitted that, challenging the said proceedings in C.C.No.21622/2017 the petitioner/accused no.1 filed the above petition seeking to quash the entire proceeding in C.C.No.21622/2017 on the file of the learned IV ACMM., Bangalore. This Hon'ble Court granted stay of further proceedings and the case is pending. - 3 -
NC: 2025:KHC:8269 CRL.P No. 5543 of 2018
3. It is submitted that during the pendency of the above petition, both the respondent/complainant and the accused/petitioner have settled the dispute in the complaint. The petitioner has agreed to pay a total sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty-Five Thousand only) to the complainant/respondent in full and final satisfaction of the entire claim of the complainant/respondent. The respondent/complainant agreed to accept the said sum in full and final satisfaction of his entire claim in the above proceedings and that the respondent/complainant has no objection for quashing the entire proceedings in C.C.No.21622/2017 pending on the file of the learned IV ACMM., Bangalore. 4. It is submitted that, in lieu of the settlement, the petitioner has paid the said sum of Rs.2,25,000/- by way of Demand Draft bearing No.052062 dated 24/02/2025 drawn in favor of the respondent /complainant. The respondent/complainant has accepted the same as stated above in full and final settlement of his entire claim in the said proceedings and that he has no objection for this Hon'ble Court to allow the above petition and quash the entire proceedings in C.C.No.21622/2017.
WHEREFORE, in the circumstances, it is humbly prayed that this Hon'ble Court be pleased to allow the above petition as prayed for by the petitioner in the above petition by quashing the entire proceedings in C.C.No.21622/2017 pending on the file
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NC: 2025:KHC:8269 CRL.P No. 5543 of 2018
of the learned IV AC.M.M., Bangalore for the offences under Section 406, 477A r/w Section 34 of Indian Penal Code, in the interest of justice and equity."
3. The respondent, who signed the memo accepts the terms of settlement and acknowledges receipt of the demand draft in his name for Rs.2,25,000/- and submits that he has no objection to quash the criminal proceedings. 4. Submission is placed on record. 5. In view of the above, criminal proceedings initiated against the petitioner is liable to be quashed. Accordingly, I proceed to pass the following.
ORDER Criminal Petition is allowed. The entire proceedings in CC.No.21622/2017, on the file of the learned IV A.C.M.M, Bangalore for the offences punishable under Sections 406 and 477A R/w Section 34 of Indian Penal Code, is hereby quashed.
Sd/- (M G UMA) JUDGE
BH List No.: 1 Sl No.: 15