SALEEM MADKI, S/O IMAN HUSSAIN Vs. STATE BY SRASWATHIPURAM POLICE, MYSORE-570009 AND SRI SHARATH, MANAGER, ICICI LOMBARD, GENERAL INSURANCE COMPANY, NO. 204, MYITHRI ARCADE, 1ST FLOOR, KANTHARAJ URS ROAD, SARASWATHIPURAM, MYOSRE-570009@RESPONDEN

JUDGEMENT

(1.) K .N. Keshavanarayana 1. In this petition filed under Section 482 Cr.P.C., the petitioners arraigned as accused Nos. 1 and 2 in CC No. 91/2011 on the file of III Civil Judge (Sr. Dn) and CJM., Mysore have sought for quashing of the prosecution launched against them for the offences punishable under Sections 409, 420 r/w Section 34 IPC. At the hearing of this petition, respondent No. 2 the defacto complainant before the police appeared alongwith petitioner Nos. 1 and 2 and submitted a joint memo reporting that the matter has been amicably settled between them and since the dispute is purely a civil dispute between the complainant and his employee namely accused No. 1, no useful purpose would be served in continuing the prosecution. Under the circumstances the respondent No. 2 -complainant submitted that the prosecution launched against petitioners on the basis of the complaint lodged by him be quashed.

(2.) AS could be seen from the allegations made in the complaint, as well as the charge sheet, the accusation against these petitioners relate to certain dispute between the complainant and accused No. 1 as Employer and Employee. Accused No. 1 said to have drawn a sum of Rs. 1.00 lakh as advance for taking a house on rent, on his transfer to Mysore with the help of his brother -accused No. 2 and subsequently, accused No. 1 stated to have repaid the sum of Rs. 1.00 lakh to the company.