DEEPAK HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who have been arraigned as accused in Crime No.13/2019 registered by Shirva Police Station, Udupi for the offences punishable under Sections 395 and 427 of IPC pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM, Udupi, are before this Court for quashing of said proceedings.

(2.) Case of the prosecution is that on 10.02.2019 at 8.30 p.m. complainant who is running S.S.Bar and Restaurant, Kattingeri, was summoned by the petitioners, who had arrived in a Ertiga Car and at their request he came out of the bar counter and while talking to accused Nos.1 to 3 with regard to previous day of incident, other accused got down from the vehicle and on sensing there was some unusual development was taking place, complainant was trying to call his brother over phone and at that point of time he was assaulted by one of the accused persons and accused No.3 snatched the mobile of complainant and thereafter, they ransacked the liquor bottles in the said bar and restaurant. It is also alleged that on the previous day Manager of the Bar by name Sri.Sujindra had been asked by accused Nos.1 and 2 to serve liquor after the bar came to be closed and on account of his refusal to serve liquor, accused Nos.1 and 2 had vengeance and as such, they came and assaulted the complainant. Hence, complainant had sought for suitable action being taken against accused persons.

(3.) Today a memorandum of compromise petition has been filed under Section 320 r/w 482 of Cr.P.C. whereunder petitioners and second respondent have entered into a settlement by stating thereunder that due to misunderstanding between petitioners and complainant, the complaint in question had been lodged by second respondent and they are residents of same locality and in their best interest they have amicably settled their dispute and complainant is not interested in proceeding with the complaint lodged by him.