Smt. Reshma Gunashekar, Vs the State of Karnataka — Banking and Recovery | Karnataka HC (2026)

Smt. Reshma Gunashekar, Vs the State of Karnataka — Banking and Recovery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Quashing of the proceedings/charge sheets qua the petitioner(s) in C.C. Nos. 13474/2022, 13472/2022, 13471/2022, 13473/2022 and 13475/2022 (IV Addl. Chief Metropolitan Magistrate, Bengaluru) and C.C. Nos. 31557/2026 and 31989/2026 (IV Addl. Chief Judicial Magistrate, Bengaluru), upon acceptance of the Joint Memos recording settlement between the parties.

Issue for consideration

Whether the charge sheets and criminal proceedings in C.C. Nos. 13471/2022, 13472/2022, 13473/2022, 13474/2022, 13475/2022 (IV Addl. CMM, Bengaluru) and C.C. Nos. 31557/2026, 31989/2026 (IV Addl. CJM, Bengaluru), for offences punishable under Sections 406, 409, 417, 420, 506 r/w 34 IPC, should be quashed qua the petitioner(s) in view of the Joint Memos recording settlement between the parties.

Court's answer

In the light of the Joint Memos filed by the parties to the lis, and the offences not being against the State, the Court deemed it appropriate to accept the Joint Memos and terminate the proceedings against the petitioner(s) in the subject petitions.

Ratio / Principle

The proceedings/charge sheets in each of the seven C.C. cases stand quashed qua the petitioner(s) and the criminal petitions are disposed of accordingly.

Detailed headnote1 paragraphs

Criminal Petitions under S.482 Cr.P.C. (filed under S.528 BNSS) — quashing of charge sheets in seven C.C. cases (offences punishable under Sections 406, 409, 417, 420, 506 r/w 34 IPC) arising out of private complaints by flat owners aggrieved by SARFAESI proceedings initiated by Sir M. Visvesvaraya Co-operative Bank against the developers — during pendency, the petitioners fully discharged the outstanding loan; the Bank confirmed discharge of the equitable mortgage; the parties filed Joint Memos recording amicable settlement — the second respondents withdrew all allegations and stated no objection to quashing — offences not being against the State, the Joint Memos were accepted and the proceedings/charge sheets were quashed qua the petitioners; petitions disposed (M.NAGAPRASANNA, J., 25-06-2026).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 8206 OF 2026

C/W

CRIMINAL PETITION NO. 5857 OF 2026, CRIMINAL PETITION NO. 5859 OF 2026, CRIMINAL PETITION NO. 5874 OF 2026, CRIMINAL PETITION NO. 8242 OF 2026, CRIMINAL PETITION NO. 8249 OF 2026,

CRIMINAL PETITION NO. 8264 OF 2026

IN CRL.P No. 8206/2026:

Digitally signed by PADMAVATHI B K

Location: High Court of Karnataka

BETWEEN:

SMT. ANURADHA SHEKAR, W/O LATE GUNASHEKAR, AGED ABOUT 65 YEARS, RESIDING AT NO.951, BEL 5TH BLOCK, VIDAYARANYAPURA, OPP. BEL, WHITE SQUARE APARTMENTS, BENGALURU 560097.

…PETITIONER

(BY SRI. G.B. SHARATH GOWDA, ADVOCATE) AND:

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AND 4 OTHERS

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THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001.

SRI. AVINASH RADHAKRISHNAN IYER, S/O S. RADHAKRISHNAN, AGED ABOUT 39 YEARS, RESIDING AT FLAT NO.FF-1, NO. 344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

…RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO a) QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONER IN CC.NO.13474/2022 ON THE FILE OF IV ACMM, BENGALURU, FOR THE OFFENCES P/U/S 406, 409, 420, 506 R/W 34 OF THE IPC, BY ARRAYING THE PETITIONER AS THE ACCUSED NO.2 AND ETC.

IN CRL.P NO. 5857/2026

BETWEEN:

SMT. RESHMA GUNASHEKAR, W/O VISHWAS KOHLI, D/O LATE GUNASHEKAR, AGED ABOUT 43 YEARS, R/AT NO.127/23C, 3RD FLOOR, TEMPLE COURT, BULL TEMPLE ROAD, BENGALURU - 560004.

PRESENTLY RESIDING AT NO.21, JALAN SEMPADAN, NO. 02-08,

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SINGAPORE-457398.

SMT. ANURADHA SHEKAR, W/O LATE GUNASHEKAR, AGED ABOUT 65 YEARS, RESIDING AT NO. 95, BEL 5TH BLOCK, VIDAYARANYAPURA, OPP. BEL, WHITE SQUARE APARTMENTS BENGALURU - 560097.

...PETITIONERS

(BY SRI. G.B. SHARATH GOWDA, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001.

SMT. S. JAYALAKSHMI, AGED ABOUT 73 YEARS, W/O MR. V. MADHAVAN, RESIDING AT, FLAT NO. FF-2, NO.344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONERS IN C.C. NO. 13472/2022 ON THE FILE OF IV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SEC.

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406, 420 AND 506 R/W 34 OF THE INDIAN PENAL CODE, BY ARRAYING THE PETITIONERS AS THE ACCUSED NO.1 AND 2 AND ETC.

IN CRL.P NO. 5859/2026

BETWEEN:

SMT. RESHMA GUNASHEKAR, D/O LATE GUNASHEKAR, W/O VISHWAS KOHLI, AGED ABOUT 43 YEARS, R/AT NO.127/3C, 3RD FLOOR, TEMPLE COURT, BULL TEMPLE ROAD, BENGALURU - 560004.

PRESENTLY RESIDING AT NO.21, JALAN SEMPADAN, NO. 02-08, SINGAPORE - 457398.

SMT. ANURADHA SHEKAR, W/O LATE GUNASHEKAR, AGED ABOUT 65 YEARS, RESIDING AT NO.951, BEL 5TH BLOCK, VIDAYARANYAPURA, OPP. BEL, WHITE SQUARE APARTMENTS, BENGALURU - 560097.

...PETITIONERS

(BY SRI. G.B. SHARATH GOWDA, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDAYARANYAPURA POLICE STATION, BENGALURU DISTRICT.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUIDING, BENGALURU 560001.

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SRI. NAVEEN PRAHALAD DESHPANDE, SO PRAHALAD DESHPANDE, AGED ABOUT 37 YEARS,

REPRESENTATION BY, GPA HOLDER, SRI. PRAHALAD K. DESHPANDE, AGED ABOUT 68 YEARS, S/O KRISHNAJI DESHPANDE, RESIDING AT FLAT NO.GF-1, NO. 344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONERS IN C.C.NO.13471/2022 ON THE FILE OF IV ADDL. CMM, BENGALURU FOR THE OFFENCES P/US/ 406, 420 AND 506 R/W SEC.34 OF IPC BY ARRAYING THE PETITIONERS AS THE ACCUSED NO.1 AND 2 AND ETC.

IN CRL.P NO. 5874/2026

BETWEEN:

SMT. RESHMA GUNASHEKAR, D/O LATE GUNASHEKAR, W/O VISHWAS KOHLI, AGED ABOUT 43 YEARS, R/AT NO. 127/3C, 3RD FLOOR, TEMPLE COURT, BULL TEMPLE ROAD, BENGALURU-560004. PRESENTLY R/AT NO.21, JALAN SEMPADAN, NO.02-08, SINGAPORE-457398.

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SMT. ANURADHA SHEKAR, W/O LATE GUNASHEKAR, AGED ABOUT 65 YEARS, R/AT NO.951, BEL 5TH BLOCK, VIDAYARANYAPURA, OPP BEL, WHITE SQUARE APARTMENTS, BENGALURU-560097.

...PETITIONERS

(BY SRI. G.B. SHARATH GOWDA.,ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.

SRI. PEMAIYA CHINNAPPA, S/O CHINNAPPA, AGED ABOUT 37 YEARS, R/AT FLAT NO. GF-2, NO.344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU-560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONERS IN CC.NO.13473/2022 ON THE FILE OF IV ACMM, BENGALURU, FOR THE OFFENCES P/U/S 406, 420, 506 R/W 34 OF IPC, BY ARRAYING THE PETITIONERS AS THE ACCUSED NOs.1 AND 2 AND ETC.

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IN CRL.P NO. 8242/2026

BETWEEN:

SMT. RESHMA GUNASHEKAR, D/O LATE GUNASHEKAR @ GUNASHEKAR, W/O VISHWAS KOHLI, AGED ABOUT 43 YEARS, R/AT NO.127/3C, 3RD FLOOR, TEMPLE COURT, BULL TEMPLE ROAD, BENGALURU - 560004.

PRESENTLY RESIDING AT NO.21, JALAN SEMPADAN, NO. 02-08, SINGAPORE-457398.

...PETITIONER

(BY SRI. G.B. SHARATH GOWDA, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001.

SRI. AVINASH RADHAKRISHNAN IYER, S/O S. RADHAKRISHNAN, AGED ABOUT 39 YEARS, RESIDING AT FLAT NO.FF-1, NO.344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1;

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SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONER IN C.C.NO.31557/2026 ON THE FILE OF THE IV ADDL. CJM, BENGALURU FOR THE OFFENCES P/US/ 406, 417, 420, 506 R/W SEC.34 OF IPC, BY ARRAYING THE PETITIONER AS THE ACCUSED NO.1 AND ETC.

IN CRL.P NO. 8249/2026

BETWEEN:

SMT. RESHMA GUNASHEKAR, D/O LATE GUNASHEKAR, W/O VISHWAS KOHLI, AGED ABOUT 43 YEARS, R/AT NO.127/3C, 3RD FLOOR, TEMPLE COURT, BULL TEMPLE ROAD, BENGALURU 560004.

PRESENTLY RESIDING AT NO.55, MEYER ROAD, NO.10-02, SINGAPORE-437978.

...PETITIONER

(BY SRI. G.B. SHARATH GOWDA, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT.

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001.

SRI. NARASIMHA ACHAR, S/O SRI. J.SUDEENDRA ACHAR,

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AGED ABOUT 37 YEARS, RESIDING AT FLAT NO.SF-1, NO.344, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONERS IN CC NO.31989/2026 ON THE FILE OF THE IV ADDL. CJM, BENGALURU FOR THE OFFENCES P/U/S 406, 417, 420, 506 R/W 34 OF THE IPC, BY ARRAYING THE PETITIONER AS THE ACCUSED NO.1 AND ETC.

IN CRL.P NO. 8264/2026

BETWEEN:

SMT. ANURADHA SHEKAR, W/O LATE GUNASHEKAR, AGED ABOUT 65 YEARS, RESIDING AT NO.951, BEL 5TH BLOCK, VIDAYARANYAPURA, OPP. BEL, WHITE SQUARE APARTMENTS, BENGALURU - 560097.

...PETITIONER

(BY SRI. G.B. SHARATH GOWDA.,ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, BENGALURU DISTRICT,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

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HIGH COURT BUILDING, BENGALURU - 560001.

SRI. NARASIMHA ACHAR, S/O SRI. J.SUDEENDRA ACHAR, AGED ABOUT 37 YEARS, RESIDING AT FLAT NO.SF-1, NO. 334, 4TH MAIN, 13TH CROSS, BEL LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097.

...RESPONDENTS

(BY SMT.RASHMI PATEL, HCGP FOR R1; SMT.AISHWARYA S.M., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN SO FAR AS THE PETITIONERS IN C.C.NO.13475/2022 ON THE FILE OF IV ACMM, BENGALURU FOR THE OFFENCES P/U/S 406, 420 AND 506 R/W 34 OF IPC, BY ARRAYING THE PETITIONER AS THE ACCUSED NO.2 AND ETC.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

In Crl.P.No.8206/2026, the petitioner is before this Court

seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioner in C.C. No. 13474/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 409, 420, 506 R/w 34 of the

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Indian Penal Code, by arraying the Petitioner as the Accused No.2;

b) Consequently, quash the entire proceedings in C.C. No. 13474/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 409, 420, 506 R/w 34 Indian Penal Code, by arraying the Petitioner as the Accused No.2; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

2. In Crl.P.No.5857/2026, the petitioners are before

this Court seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioners in C.C. No. 13472/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2;

b) Consequently, quash the entire proceedings in C.C. No. 13472/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

3. In Crl.P.No.5859/2026, the petitioners are before

this Court seeking the following prayers:

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"a) To Quash the charge sheet in so far as the Petitioners in C.C. No. 13471/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2;

b) Consequently, quash the entire proceedings in C.C. No. 13471/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

4. In Crl.P.No.5874/2026, the petitioners are before

this Court seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioners in C.C. No. 13473/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2;

b) Consequently, quash the entire proceedings in C.C. No. 13473/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioners as the Accused No.1 and 2; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

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In Crl.P.No.8242/2026, the petitioner is before this

Court seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioners in C.C. No.31557/2026 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 417, 420, 506 R/w 34 of the Indian Penal Code, by arraying the Petitioner as the Accused No.1;

b) Consequently, quash the entire proceedings in C.C. No.31557/2026 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 417, 420, 506 R/w 34 of the Indian Penal Code, by arraying the Petitioner as the Accused No.1; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

In Crl.P.No.8249/2026, the petitioner is before this

Court seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioners in C.C. No.31989/2026 on the file of IV Addl. Chief Judicial Magistrate, Bengaluru for the offences punishable under Sec. 406, 417, 420, 506 R/w 34 of the Indian Penal Code, by arraying the Petitioner as the Accused No.1;

b) Consequently, quash the entire proceedings in C.C. No.31989/2026 on the file of IV Addl. Chief Judicial Magistrate, Bengaluru for the offences punishable under Sec. 406, 417, 420, 506 R/w 34 of the Indian Penal

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Code, by arraying the Petitioners as the Accused No.1; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

7. In Crl.P.No.8264/2026, the petitioner is before this

Court seeking the following prayers:

"a) To Quash the charge sheet in so far as the Petitioners in C.C. No.13475/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioner as the Accused No.2;

b) Consequently, quash the entire proceedings in C.C. No.13475/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sec. 406, 420 and 506 R/w 34 of the Indian Penal Code, by arraying the Petitioner as the Accused No.2; and

c) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, to serve the interest of justice and equity."

8. Heard Sri.G.B.Sharath Gowda, learned counsel

appearing for the petitioners, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Smt.Aishwarya S.M., learned counsel appearing for respondent No.2 and have perused the material on records.

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During the pendency of the proceedings, the parties

to the lis have settled the dispute among themselves and have filed Joint Memos in that regard.

In Crl.P.No.8206/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2nd Respondent is the owner of Flat bearing No. FF-1, NO. 344, 4th main, 13th cross, BEL Layout, 3rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioners on a property originally owned by accused No. 1. It is further submitted that, for the purpose of development of the said apartment, the Petitioner had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioners' inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No.VCB/POSSESSION/22/2020-2021 to the 2nd Respondent.

It is submitted that the 2nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3919/2021 on the file of the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 13474/2022 for the aforesaid offences, arraying the Petitioner herein as Accused No.2.

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It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioner has fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioner and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 13474/2022 pending on the file of the IV ACMM, Bengaluru.

In view of the above, the petitioner and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioner hereby undertakes to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondents, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

b. The 2nd Respondent withdraws all the allegations made by him against the petitioner in C.C. No. 13474/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

c. In view of the settlement arrived at between the Petitioner and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 13474/2022 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioner and 2nd respondent that the proceedings in C.C. No. 13474/2022 on the file of IV ACMM, Bengaluru may be

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quashed as against the Petitioner only to serve the interest of justice and equity.”

In Crl.P.No.5857/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2nd Respondent is the owner of Flat bearing No. FF-2, No. 344, situated at 4^th Main, 13^th Cross, BEL Layout, 3^rd Block, Vidyaranyapura, Bengaluru, which forms part of the apartment complex developed by the Petitioners on a property originally owned by Petitioner No. 1. It is further submitted that, for the purpose of development of the said apartment, the Petitioners had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioners' inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No.VCB/POSSESSION/22/2020-2021 to the 2^nd Respondent.

2. It is submitted that the 2^nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3918/2021 on the file of the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 13472/2022 for the aforesaid offences, arraying the Petitioners herein as Accused Nos. 1 and 2.

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3. It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioners have fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

4. It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioners and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 13472/2022 pending on the file of the IV ACMM, Bengaluru.

5. In view of the above, the petitioners and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioners hereby undertake to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondent, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

b. The 2nd Respondent withdraws all the allegations made by him against the petitioners in C.C. No. 13472/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

c. In view of the settlement arrived at between the Petitioners and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 13472/2022 pending on the file of IV ACMM,

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Bengaluru.

WHEREFORE, it is humbly prayed by the petitioners and 2nd respondent that the proceedings in C.C. No. 13472/2022 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioners only to serve the interest of justice and equity.”

12. In Crl.P.No.5859/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2^nd Respondent is the owner of Flat bearing No. GF-1, NO. 344, 4^th main, 13^th cross, BEL Layout, 3^rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioners on a property originally owned by Petitioner No. 1. It is further submitted that, for the purpose of development of the said apartment, the Petitioners had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioners' inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No.VCB/POSSESSION/22/2020-2021 to the 2^nd Respondent.

2. It is submitted that the 2^nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3915/2021 on the file of the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the

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jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 13471/2022 for the aforesaid offences, arraying the Petitioners herein as Accused Nos. 1 and 2.

3. It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioners have fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

4. It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioners and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 13471/2022 pending on the file of the IV ACMM, Bengaluru.

5. In view of the above, the petitioners and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioners hereby undertake to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondent, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

b. The 2nd Respondent withdraws all the allegations made by him against the petitioners in C.C. No. 13471/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

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c. In view of the settlement arrived at between the Petitioners and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 13471/2022 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioners and 2nd respondent that the proceedings in C.C. No. 13471/2022 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioners only to serve the interest of justice and equity.”

13. In Crl.P.No.5874/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2^nd Respondent is the owner of Flat bearing No. GF-2, NO. 344, 4^th main, 13^th cross, BEL Layout, 3^rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioners on a property originally owned by Petitioner No. 1. It is further submitted that, for the purpose of development of the said apartment, the Petitioners had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioners' inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No. VCB/POSSESSION/22/2020-2021 to the 2^nd Respondent.

2. It is submitted that the 2^nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3913/2021 on the file of

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the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 13473/2022 for the aforesaid offences, arraying the Petitioners herein as Accused Nos. 1 and 2.

It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioners have fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioners and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 13473/2022 pending on the file of the IV ACMM, Bengaluru.

In view of the above, the petitioners and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioners hereby hand over all documents pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, which were mortgaged with Sir M. Visvesvaraya Co-operative Bank, to the 2nd Respondent, and the 2nd Respondent hereby acknowledges receipt of the same on behalf of all the flat owners of the building.

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b. The 2nd Respondent withdraws all the allegations made by him against the petitioners in C.C. No. 13473/2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

c. In view of the settlement arrived at between the Petitioners and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 13473/2022 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioners and 2nd respondent that the proceedings in C.C. No. 13473/2022 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioners only to serve the interest of justice and equity.”

In Crl.P.No.8242/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2^nd Respondent is the owner of Flat bearing No. FF-1, NO. 344, 4^th main, 13^th cross, BEL Layout, 3^rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioner on a property originally owned by Petitioner. It is further submitted that, for the purpose of development of the said apartment, the Petitioner had availed financial assistance from Sir M. Visvesvaraya Cooperative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioner's inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No. VCB/POSSESSION/22/20202021 to the 2^nd Respondent.

It is submitted that the 2^nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a

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private complaint in P.C.R. No. 3919/2021 on the file of the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 31557/2026 for the aforesaid offences, arraying the Petitioner herein as Accused No. 1.

It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioner has fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioner and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 31557/2026 pending on the file of the IV ACMM, Bengaluru.

In view of the above, the petitioner and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioner hereby undertakes to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondent, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

b. The 2nd Respondent withdraws all the allegations made by him against the petitioner in C.C. No. 31557/2026 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

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c. In view of the settlement arrived at between the Petitioner and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 31557 /2026 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioner and 2nd respondent that the proceedings in C.C. No. 31557/2026 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioner only to serve the interest of justice and equity.”

15. In Crl.P.No.8249/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2nd Respondent is the owner of Flat bearing No. SF-1, NO. 344, 4th main, 13th cross, BEL Layout, 3rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioner on a property originally owned by Petitioner. It is further submitted that, for the purpose of development of the said apartment, the Petitioner had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioner's inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No.VCB/POSSESSION/22/2020-2021 to the 2nd Respondent.

2. It is submitted that the 2nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3914/2021 on the file of

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the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 31989/2026 for the aforesaid offences, arraying the Petitioner herein as Accused No. 1.

It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioner has fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioner and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 31989/2026 pending on the file of the IV ACMM, Bengaluru.

In view of the above, the petitioner and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioner hereby undertake to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondent, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

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b. The 2nd Respondent withdraws all the allegations made by him against the petitioner in C.C. No. 31989/2026 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

c. In view of the settlement arrived at between the Petitioner and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 31989 12026 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioner and 2nd respondent that the proceedings in C.C. No. 31989/2026 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioner only to serve the interest of justice and equity.”

In Crl.P.No.8264/2026, the Joint Memo reads as

follows:

“1. It is submitted that the 2^nd Respondent is the owner of Flat bearing No. SF-1, NO. 344, 4^th main, 13^th cross, BEL Layout, 3^rd Block, Vidyaranayapura, Bengaluru, which forms part of the apartment complex developed by the Petitioners on a property originally owned by Accused No. 1. It is further submitted that, for the purpose of development of the said apartment, the Petitioners had availed financial assistance from Sir M. Visvesvaraya Co-operative Bank by creating an equitable mortgage over the subject property through deposit of title deeds. Owing to the Petitioner's inability to foreclose the loan, the said Bank initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and in furtherance thereof issued a notice dated 08.06.2020 bearing No. VCB/POSSESSION/22/20202021 to the 2^nd Respondent.

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2. It is submitted that the 2^nd Respondent, being aggrieved by the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, lodged a private complaint in P.C.R. No. 3914/2021 on the file of the XLI ACMM, Bengaluru, alleging offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. Upon completion of investigation, the jurisdictional police have filed a charge sheet, pursuant to which the case has been registered as C.C. No. 13475/2022 for the aforesaid offences, arraying the Petitioner herein as Accused No. 2.

3. It is further submitted that, during the pendency of the aforesaid criminal proceedings, the Petitioner has fully discharged the outstanding loan liability due to Sir M. Visvesvaraya Co-operative Bank. Consequent thereto, the said Bank has executed and confirmed the discharge of the mortgage and has also undertaken to withdraw and close all notices, civil proceedings, recovery actions, arbitral proceedings and any other statutory proceedings arising out of the subject transaction.

4. It is submitted that, in view of the complete discharge of the loan and consequent settlement of disputes between the parties, the Petitioner and the 2nd Respondent have amicably resolved all their differences. In furtherance of the said settlement, the 2nd Respondent has agreed and undertaken not to prosecute the criminal case in C.C. No. 13475/2022 pending on the file of the IV ACMM, Bengaluru.

5. In view of the above, the petitioner and the 2nd respondent have settled all their disputes in the following terms:

a. The Petitioner hereby undertake to hand over all documents, which were mortgaged by them with Sir M. Visvesvaraya Co-operative Bank, pertaining to the property bearing No. 344, 4th Main, 13th Cross, BEL

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Layout, 3rd Block, Vidyaranyapura, Bengaluru, to the authorised representative of the Respondents, namely Mr. Pemaiya Chinnappa, S/o K.P. Chinnappa, owner of Flat No. GF-2.

b. The 2nd Respondent withdraws all the allegations made by him against the petitioner in C.C. No. 13475/ 2022 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

c. In view of the settlement arrived at between the Petitioner and the 2nd Respondent, the 2nd Respondent hereby states that it has no objection to the quashing C.C. No. 13475/2022 pending on the file of IV ACMM, Bengaluru.

WHEREFORE, it is humbly prayed by the petitioner and 2nd respondent that the proceedings in C.C. No. 13475/2022 on the file of IV ACMM, Bengaluru may be quashed as against the Petitioner to serve the interest of justice and equity.”

The parties to the lis are present before the Court

and are identified by their respective counsels.

In the light of the Joint Memos as quoted supra being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the said Joint Memos and terminate the proceedings against the petitioner(s) in the subject petitions.

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For the aforesaid reasons, the following:

ORDER

[I] Criminal Petitions are disposed .

[II] In Crl.P.No.8206/2026, proceedings/Charge sheet in C.C.No.13474/2022 pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner.

[III] In Crl.P.No.5857/2026, proceedings/Charge sheet in C.C.No.13472/2022 pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioners.

[IV] In Crl.P.No.5859/2026, proceedings/Charge sheet in C.C.No.13471/2022 pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioners.

[V] In Crl.P.No.5874/2026, proceedings/Charge sheet in C.C.No.13473/2022 pending before the IV Addl.

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Chief Metropolitan Magistrate, Bengaluru, stands

quashed qua the petitioners.

[VI] In Crl.P.No.8242/2026, proceedings/Charge sheet in C.C.No.31557/2026 pending before the IV Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioner.

[VII] In Crl.P.No.8249/2026, proceedings/Charge sheet in C.C.No.31989/2026 pending before the IV Addl. Chief Judicial Magistrate, Bengaluru, stands quashed qua the petitioner.

[VIII] In Crl.P.No.8264/2026, proceedings/Charge sheet in C.C.No.13475/2022 pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner.

Sd/(M.NAGAPRASANNA) JUDGE

CBC

List No.: 2 Sl No.: 40