Esteem Mall LLP Vs State of Karnataka

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C TO A. QUASH THE COMPLIANT AND FIR REGISTERED BY THE RESPONDENT NO.1 IN THE HON’BLE 41st ADDL. MAGISTRATE BENGALURU FOR OFFENCES UNDER SECTIONS 339, 341, 425, 441, 448, 452 AND 34 OF THE INDIAN PENAL CODE, IN AMRUTHAHALLI POLICE STATION BEARING CRIME NO.342/2024 AT ANNEXURE A AND B AND CONSEQUENTLY RESTRAIN THE RESPONDENT NO.1 FROM THE PROCEEDING WITH ANY INVESTIGATION INTO THE SAID COMPLIANT AND FIR IN CRIME NO.342/2024.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners – accused Nos.1 and 2 are before this Court calling in question registration of a crime in Crime No.342/2024, pending before the 41^st Additional Magistrate

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NC: 2026:KHC:28635 CRL.P No. 3573 of 2025

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HC-KAR

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Bengaluru, for the offences under Sections 339, 341, 425, 441, 448, 452 and 34 of the IPC.

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Learned counsel for the petitioners and respondent No.2 in unison would submit that during the subsistence of

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these proceedings, the parties to the lis have entered into settlement amongst themselves by drawing up certain terms and conditions. The parties have filed a joint memo, an application under Section 359(3) of the BNSS, 2023 with a supporting affidavit before this Court seeking permission to compound the offences.

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3. The application reads as follows:

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“xxxx

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It is submitted that after the filing of the present Petition, at the intervention of well-wishers, parties have settled the dispute whereby the Respondent No.2 has conveyed the unit bearing No.S-07, 2nd floor, Esteem Mall, measuring about 989 sq. ft. Along with 277 sq. ft. Of undivided interest in favor of M/s.Esteem Mall LLP, Bangalore vide registered sale deed dated 07.04.2025, bearing Document No.MLS-100075-2025-26, registered in the office of the SubRegistrar, Sr.Sub-Registrar, Gandhinagar, Bangalore and as such has no more subsisting interest in or over the said unit. The Common Area Maintenance Charge due and liable to be paid to the 1st Petitioner by the 2nd Respondent is settled fully and finally and as such there is nothing due between the parties.

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In view of the above mentioned settlement, the Respondent No.2 has on 05.06.2025 withdrawn the suit in

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NC: 2026:KHC:28635 CRL.P No. 3573 of 2025

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HC-KAR

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OS No.5855/2024 which was pending on the file of the Hon'ble City Civil Judge, Bengaluru (CCH-9) and on the said basis the suit came to be dismissed as withdrawn vide order dated 28.06.2025.

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It is submitted that the suit filed by the Petitioner No.1 in COM.OS No.1486/2024 before the Hon'ble Commercial Court, Bengaluru seeking for recovery of the amounts due to the Petitioner No.1 form the Respondent No.2 also came to be withdrawn in view of the settlement of the amounts due by the Respondent No.2 to the Petitioner No.1.

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In view of the aforesaid settlement, the petitioners and respondent No.2 have amicably settled the matter. Hence, the respondent No.2 is no longer intended to prosecute or proceed further in the case in PCR No. 7590/2024 before the Hon'ble 41st Additional Chief Metropolitan Magistrate, Bengaluru. Hence, the respondent No.2 has decided to compound the offences alleged against the petitioners.

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Hence the PCR No. 7590/2024 before 41st Additional Chief Metropolitan Magistrate, Bengaluru may be quashed and closed in view of the present compromise.”

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In the light of the afore-quoted application of the parties, I deem it appropriate to terminate the proceedings initiated against the petitioners, as the dispute and the allegations are between the individuals and not against the State.

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