Allowed¶57

Shri Sushil Pandurang Mantri v. the State of Karnataka

Karnataka HC17 Apr 2025WP/10286/2020

Case brief

AI extract

What is this about?

Quashing of FIR/complaint on private settlement; ss.406, 415, 417, 420 r/w 34 IPC; s.482 CrPC; Arts.226/227 Constitution; Crime No.173/2020, Subramanyapura Police Station; IV Additional CMM Court, Bangalore; Mantri Developers Pvt. Ltd. promoters/directors; flat-buyer refund Rs.28,54,557; 'Mantri Serenity' Unit Q-1601; defacto complainant affidavit withdrawing complaint; ends of justice; Mohammad Nawaz J.; WP No.10286/2020 (GM-RES); decided 17.04.2025; NC: 2025:KHC:16049.

What did the court decide?

Quashing of the entire proceedings against the petitioners arising out of Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City, pending before the IV Additional CMM Court, Bangalore; I.A.No.1/2021 disposed of. ¶57

Shri Sushil Pandurang Mantri Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings against the petitioners (Accused Nos.1 to 3) arising out of Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City, pending before the IV Additional CMM Court, Bengaluru, should be quashed in view of the settlement arrived at between the petitioners and respondent No.2/defacto complainant.

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Court's answer

In view of the settlement between the parties, whereby the defacto complainant received his refund as full and final settlement and all his claims were settled, no purpose would be served in keeping the proceedings pending against the petitioners; to secure the ends of justice, the proceedings against the petitioners were held liable to be quashed.

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Ratio / Principle

Petition allowed: the entire proceeding against the petitioners arising out of Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City, registered for offences punishable under Sections 406, 420, 415, 417 r/w 34 IPC, pending on the file of the IV Additional CMM Court, Bangalore, was quashed.

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Key takeaways

Consequent to allowing the petition, I.A.No.1/2021 was disposed of.obiter¶63

Detailed headnote1 paragraphs

Quashing of FIR on compromise/settlement — Writ Petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC. Petitioners (directors of Mantri Developers Pvt. Ltd.), arraigned as Accused Nos.1 to 3 in Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City (Sections 406, 420, 415, 417 r/w 34 IPC), sought quashing of proceedings pending before the IV Additional CMM Court, Bangalore. Respondent No.2, the defacto complainant who had booked Unit No.Q-1601 in the 'Mantri Serenity' project, filed an affidavit stating that pursuant to a buy-back and re-sale of the unit to Ms. Sweta Gupta he had received Rs.28,54,557/- as full and final settlement, his India Bulls home loan stood settled with a no-due certificate, and he did not wish to proceed with the FIR qua himself without affecting other members named in the FIR. Justice Mohammad Nawaz held that in view of the settlement no purpose would be served in continuing the proceedings and, to secure the ends of justice, quashed the entire proceedings against the petitioners; petition allowed; I.A.No.1/2021 disposed of. (NC: 2025:KHC:16049)

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1 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 10286 OF 2020 (GM-RES)

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BETWEEN:

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SHRI. SUSHIL PANDURANG MANTRI S/O SHRI. PANDURANG MANTRI, AGED ABOUT 53 YEARS, MANAGING DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE CITY, BANGALORE-560 001.

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SHRI. PRATIK SUSHIL MANTRI S/O SHRI. SUSHIL MANTRI, AGED ABOUT 35 YEARS, MANAGING DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE CITY, BANGALORE-560 001.

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SMT. SNEHAL SUSHIL MANTRI W/O SHRI. SHSHIL MANTRI, AGED ABOUT 48 YEARS, MANAGING DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE CITY, BANGALORE-560 001.

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…PETITIONERS

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(BY SRI. S. MAHESH, ADVOCATE)

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2 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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AND:

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THE STATE OF KARNATAKA BY SUBRAMANYA POLICE STATION, BANGALORE CITY, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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MR. DEVANG KHAMAR S/O CHIMANBHAI KHAMAR, AGED ABOUT 46 YEARS, RESIDING AT B6, G04, ELITA PROMENADE APARTMENT, J.P NAGAR, 7^TH PHASE, BANGALORE-560 078.

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…RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. JAITHRA J. NARAYAN, ADVOCATE FOR R-2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE COMPLAINT DATED 30.8.2020 AND RESULTANT FIR IN CRIME NO.173/2020 OF THE RESPONDENT SUBRAMANYAPURA POLICE, ARRAIGNING THE PETITIONERS HERE IN AS ACCUSED NO.1 TO 3 RESPECTIVELY FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 406, 420, 415, 417, 34 OF IPC PENDING ON THE FILE OF 4^TH ADDL. CMM COURT, BANGALORE (VIDE ANNEXURE-A AND B).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners/accused Nos.1 to 3 in Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City registered for the offence punishable under Section 406, 420, 415, 417 r/w 34 of IPC are before this Court in this petition, seeking quashing of the entire proceedings pending against them before the IV Additional CMM Court, Bengaluru.

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Respondent No.2/defacto complainant-Devang

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Khamar has filed an affidavit stating that he has received his refund as full and final settlement and all his claims have been settled and therefore, he do not seek to proceed with the matter in the instant petition and to close the FIR No.173/2020 registered at Subramanyapura Police Station, Bengaluru City, without affecting the interest of other members mentioned in the FIR.

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4 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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3. The affidavit reads as under:

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“I, Devang Khamar, aged about 49 years, residing at B6-G04, Elita Promenade, JP Nagar, 7^th Phase, Bengaluru, Karnataka, do hereby solemnly affirm and sincerely state on oath as follows:

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1. That I had approached the Petitioner to purchase a flat in their upcoming project "Mantri Serenity” situated at Survey Nos. 57(P), 58(P), 56(P), 59(P) and 60(P), at Doddakallasandra Village, Uttarahalli Hobli, Bangalore. In pursuance thereto, I had entered into an Agreement of Sale and Agreement of Construction both dated 20-082015 with respect to Unit No.Q-1601 ("Unit").

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2. That after mutual discussions with the Petitioner, it has come to my knowledge that there was a delay in handing over of possession of the flat to the Respondent, due to unforeseen reasons beyond the control of the Petitioner.

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3. That I have registered a complaint against the Petitioner and other named accused along with other members mentioned in FIR, for fraud and cheating before the Subramanyapura Police Station on 04-092020, based on which the Subramanyapura

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5 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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Park Police Station had filed an FIR 173/2020. The said complaint was made as the Petitioner and other named accused had failed to deliver possession of the flat and the project was delayed.

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4. That after mutual discussions, I in my individual capacity decided not to go ahead with the sale and to seek refund of the advance amount paid along with my down payment, other benefit based on MOU, EMI & Interest paid to bank. Pursuant to the same the Petitioner has agreed to buy back the Unit No.Q-1601 and re-sell it to one Ms. Sweta Gupta. The Petitioner has also agreed to a full and final settlement amount of Rupees Twenty-Eight Lakhs, Fifty-Four Thousand, Five Hundred and Fifty-Seven only (Rs.28,54,557/-) and settle my home loan due amount along with all penalties up to date and obtain no due certificate to me.

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5. Now that the Petitioner has agreed to a full and final settlement amount for all the money paid by me and settle my Home Loan account no. HHLBAN00235011 from India Bulls towards the Unit and provide me no due certificate from India Bulls, I have no claims

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NC: 2025:KHC:16049 WP No. 10286 of 2020

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against the following named accused in FIR 173/2020 in my individual capacity:

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i. Mantri Castles Private Limited and its Promoters, Bangalore City, Karnataka560001.

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ii. Mr. Sushil Pandurang Mantri, Director, Mantri Developers Private Limited, Bangalore City, Karnataka-560001.

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iii. Mr. Pratik Sushil Mantri, Mantri Developers Private Limited, Bangalore City, Karnataka 560001.

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iv. Mrs. Snehal Mantri, Mantri Altius, No.18, No.17, Raj Bhavan Road, Bangalore City, Karnataka -560001.

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V. Mr. Subramanian Bhaskaran, Director, having DIN 02078787, Bangalore City, Karnataka 560001.

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vi. Mr. Bharat Dixit Madhukar, Director, Mantri Castles, Bangalore City, Karnataka–550001.

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vii. Mantri Developers Private Limited and its Founders and Promoters, Bangalore City, Karnataka-560001.

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7 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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viii. Castles Vista Private Limited and its Founders and Promoters, Bangalore City, Karnataka 560001.

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6. Based on this settlement, I have received an amount of Rs.28,54,557/- through a DD bearing No.523741, drawn on ICICI Bank Banashankari Branch dated 03-06-2023 and the balance home loan amount due to towards my home loan account with India Bulls via. Home loan account no. HHLBAN00235011 is being paid with penalty by DD bearing No.523865 drawn on ICICI Bank, Bangalore Branch dated 05/8/23 on the day of settlement by petitioner and or by new buyer. Here by petitioner agrees to obtain the no due certificate on my home loan and hand over the same on the day of signing this document. Hence, in my individual capacity intend to withdraw FIR 173/2020 as they have not cheated me with my money and there is no false promise by any of them.

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7. It is submitted before the Hon'ble High Court of Karnataka that as I have received my refund as full and final settlement and all my claims have been settled, I do not seek to proceed with the matter in WP No.10286/2020 as a sole individual. Pursuant

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8 - NC: 2025:KHC:16049 WP No. 10286 of 2020

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thereto, I pray that this Hon'ble Court consider the FIR No.173/2020 closed for me without affecting the interest of other members mentioned in FIR.

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I hereby state that I have read and understood the contents of the above and I say that the same are true and correct to my best of knowledge and belief and I believe the same to be true.”

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In view of the settlement between the parties,

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no purpose will be served in keeping the proceedings pending against the petitioners. To secure the ends of justice, the proceedings against the petitioners are liable to be quashed. Hence, the following:

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ORDER.

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i. Petition is allowed .

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ii. Entire proceeding against the petitioners,

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arising out of Crime No.173/2020 of Subramanyapura Police Station, Bengaluru City registered for offences punishable under section 406, 420, 415, 417 r/w 34 of

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NC: 2025:KHC:16049 WP No. 10286 of 2020

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IPC, pending on the file of the IV Additional CMM Court, Bangalore is quashed.

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iii. I.A.No.1/2021 is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB/List No.: 1 Sl No.: 38.11