Petitioners sought quashing of an FIR for IPC offences arising from a joint development agreement dispute. Following a civil-court compromise under Order 23 Rule 3 CPC, whose terms required closure of the criminal case, the High Court recorded the settlement and quashed the FIR and complaint.
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NC: 2024:KHC:40970 CRL.P No. 2985 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2985 OF 2024
BETWEEN:
AS PER INDICATED IN FIR SRI. B.S. ANILKUMAR, AUTHORISED REPRESENTATIVE, NO.19, 33RD A CROSS, JAYANAGAR, BENGALURU - 560 041.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
AS PER INDICATED IN FIR SRI. SHIVASHANKAR K., AUTHORISED REPRESENTATIVE NO.19, 33RD A CROSS, JAYANAGAR, BENGALURU - 560 041
AS PER INDICATED IN FIR SRI. DARSHAN P., BUSINESS ASSOCIATE NO.19, 33RD A CROSS, JAYANAGAR, BENGALURU - 560 041
AS PER INDICATED IN FIR SRI. SURESH C.T., BUSINESS ASSOCIATE NO.19, 33RD A CROSS, JAYANAGAR, BENGALURU - 560 041
AS PER INDICATED IN FIR MS. DEEPA KRISHNASWAMY NO.19, 33RD A CROSS, JAYANAGAR, BENGALURU - 560 041
…PETITIONERS
(BY SRI. AMAR CORREA., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1; SRI. RAVI KUMARA B.R., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR AND COMPLAINT DATED 25.02.2024 IN CR.NO.106/2024 REGISTERED BY THE RESPONDENT NO.1 KOTHANUR POLICE, PENDING ON THE FILE OF XI ADDL.C.M.M., MAYO HALL, BENGALURU AS AGAINST THESE PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 5 FOR
THE OFFENCE P/U/S 447, 427, 504, 506, 149 OF IPC, VIDE ANNEXURE-A AND B.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Amar Correa, learned counsel appearing for the petitioners, Sri. Thejesh.P., learned HCGP appearing for respondent No.1 and Sri. Ravikumara B.R., learned counsel appearing for respondent No.2.
"Matter is advanced taken on today's board.
Plantiff M/S Greystone homes LLP represented by its partner Ms.Deepakrishna Swamy is present.
Counsel for plaintiff is present.
Sri. R.B.R. counsel for Defendant and the defendant Sri. Somashekar are present. They have jointly filed a compromise petition under Order 23 Rule 3 of CPC along with two copies of resolutions dated 28.08.2024 and 19.08.2024.
By virtue of the said compromise, the plaintiff has today executed a deed of cancellation of Joint Development Agreement dated 23.01.2017 as on today that is 02.09.2024 vide document No.BYP-1-07892/2024-2025 book number.1, registered before the Sub Registrar Bytarayanapura, Bengaluru and has acknowledged receipt of a sum of Rs.8,25,000.00/- (eight crore twenty five lakh) by way of DD bearing No.500202 dated 27.08.2024 drawn on ICICI bank Hydrabad, Telegana Foods Branch.
The suit of the plaintiff was for the relief of permanent injunction restraining the defendant from alienating, leasing, mortgaging, encumbering, creating any thirdparty interests over the suit schedule property until the execution of JDA in its full fledge.
By virtue of compromise today entered between parties the plaintiff has executed cancellation of the JDA which is the subject matter of the suit schedule property along
NC: 2024:KHC:40970 CRL.P No. 2985 of 2024
with A deed of Revocation of GPA as on 02.09.2024 vide document No.BYP-4-00423/2024-2025 in relation to the suit schedule property.
Hence in the light of said compromise petition the suit of the plaintiff is hereby dismissed as settled.
Office to draw a decree accordingly."
6. With the aforesaid observations, the following:
ORDER
Sd/(M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 36 CT:SNN
1 issue framed by the court
Whether the FIR and complaint in Crime No.106/2024 could be quashed given the civil compromise between the parties and its condition of closure of the criminal proceedings.
2 provisions across 2 enactments
B.S. Anilkumar
Shiva Shankara K.
Darshan P.
Suresh C.T.
Deepa Krishnaswamy
State of Karnataka (Kothanur Police Station)
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
