The High Court accepted a joint memo and settlement. It quashed the quash stand FIR and complaint under Sections 406 and 420 IPC and directed the immediate defreezing of petitioners bank accounts.
The FIR and complaint stands quashed qua the petitioners and the Investigating Officer is directed to defreeze the bank accounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:49975 WP No. 3173 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3173 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by NAGAVENI Location: High Court of Karnataka
…PETITIONERS
(BY SRI. ABHIMANYU ARJUN DEVAIAH T., ADVOCATE)
AND:
NC: 2024:KHC:49975 WP No. 3173 of 2023
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. MAHESH CHOUDHARY, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED FIR NO.204/2020 VIDE ANNEXURE-A FOR OFFENCES UNDER SECTION 406 AND SECTION 420 OF INDIAN PENAL CODE, 1860 AND COMPLAINT DATED 26.09.2020 VIDE ANNEXURE-A1 REGISTERED AT KADUGODI POLICE STATION, WHITEFILED SUB DIVISION PENDING BEFORE THE ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU AS BEING ILLEGAL ,ERRONEOUS, ARBITRARY AND BAD IN THE EYES OF LAW AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Abhimanyu Arun Devaiah T., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl.SPP appearing for respondent No.1, Sri. Mahesh
NC: 2024:KHC:49975 WP No. 3173 of 2023
Choudhary, learned counsel appearing for respondent No.2 and have perused the material on record.
" JOINT MEMO FILED BY THE COMPLAINANT AND ACCUSED
The parties above named humbly submits as follows:
WHEREFORE , it is prayed that this Hon'ble Court may be pleased to take this Joint Memo on record. In view of the compromise/settlement quash the complaint and FIR bearing no. 0204/2020 dated 26.09.2020 pending on the file of Addl Chief Judicial Magistrate,
Bengaluru, Rural Districtin the interest of justice and equity."
ORDER
qua the petitioners.
Sd/(M.NAGAPRASANNA) JUDGE
SJK List No.: 4 Sl No.: 13 CT: BHK
2 issues framed by the court
Whether the Writ Petition seeking quashment of the FIR and complaint should be allowed in light of the settlement between the parties.
Whether the Investigating Officer should be directed to defreeze the bank accounts of the petitioners.
3 provisions across 3 enactments
Sri. Saleem Sheriff
Sri. Omar Sheriff
Sri. Shorab Sheriff
State of Karnataka
Dhananjaya Gupta
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
