Sri.Syed Tabraz Altaf Vs the State by Kengeri Police Station

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30652 OF 2024 (GM-RES)

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BETWEEN:

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SRI.SYED TABRAZ ALTAF, S/O M ALTAF HUSSAIN, AGED ABOUT 36 YEARS, R/AT NO.3J, 7^TH C MAIN, 3^RD CORSS, KORAMANGALA 3^RD BLOCK, BENGALURU SOUTH, BENGALURU - 560 034.

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…PETITIONER

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(BY SRI. SARAVANA S.,ADVOCATE)

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AND:

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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THE STATE BY KENGERI POLICE STATION MYSORE MAIN ROAD, KENGERI, BENGALURU 560 060. REPT. BY ITS STATION HOUSE OFFICER, REPT. BY ITS STATE PUBLIC PREOSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU -560 001.

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SRI. KARTHIK R, S/O RAMDAS SHET, AGED ABOUT 31 YEARS, R/A: NO.317, 1^ST BLOCK, 5^TH MAIN, JNANBHARATHI LAYOUT, BENGALURU - 560 660.

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…RESPONDENTS

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(BY SRI.B N JAGADEESHA.,ADDL. SPP FOR R1; SRI.PRABHUGOUD B. TUMBIGI., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO QUASHING THE FIR IN CRIME NO.438/2024, DATED 05.09.2024, AS PER ANNEXURE-E,

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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REGISTERED BY THE 1^ST RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER 420 AND 506 OF REPEALED INDIAN PENAL CODE 1860 PENDING ON THE FILE OF 46TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT BANGALORE.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, 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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Petitioner – accused is before this Court calling in question registration of a crime in Crime No.438/2024, pending before the 46^th Additional Chief Metropolitan Magistrate Court, Bengaluru, for the offences under Sections 420 and 506 of the IPC.

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Learned counsel for the petitioner – accused and respondent No.2 – complainant in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions. The parties have filed a joint memo before this Court seeking permission to compound the offences.

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The joint memo reads as follows:

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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“3. The settlement has been arrived at voluntarily, out of free will, without force, coercion, undue influence, fraud, or misrepresentation, the parties have mutually agreed to settle all disputes on the following terms:

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(a) The petitioner has agreed to pay a sum of Rs.47,50,000/(Rupees Forty-Seven Lakhs Fifty Thousand only) to the 2^nd respondent as full and final consolidated settlement, covering, Investment made by the 2^nd Respondent in M/s. Poise Assets Management, any alleged profit share, Claims relating to the site transaction, any other monetary claim arising out of partnership or related transactions.

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(b) The 2^nd Respondent admits and confirms that upon receipt of the said amount, he shall have no further claims of any nature whatsoever, present or future, against the Petitioner and company.

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(c) The Petitioner undertakes to pay the settlement amount by way RTGS or Cheques of Miss.Charitha (who is also a partner of the M/s.POISE ASSETS MANAGEMENT), as per the details mentioned herein below:

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All the cheques are drawn on "ICICI Bank", Koramangala 1^st Block Branch, Bengaluru-560 001, in favour of the 2^nd respondent. Further the petitioner has agreed and undertaken that, he will transfer the amount by way of RTGS and to take back the cheques from the 2^nd respondent, after receipt of the payment.

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4. The Petitioner undertake and ensures for co-operating in Closure/quashing proceedings in Crime No.312/2025, registered at Koramangala Police Station against the 2^nd Respondent registered by Miss.Charitha (who is also a partner of the M/s.POISE ASSETS MANAGEMENT), on or before 16.03.2026.

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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5. The 2^nd Respondent shall, on or before 31-03-2026, clear the entire outstanding loan amount from Kalpataru Credit Co-operative Society Ltd. in respect of the Revenue Site bearing No.09, Survey No.82/16/(Old Survey 82/2) situated at Singena Agrahara Village, Sarjapur Hobli, Anekal Taluk, Bengaluru District, measuring East to West 30 ft, North to South 40 ft in total 1200 Sq.ft, East by Road, West by-Rajappa Reddy, North by-Site No.10, South by-Site No.08 including principal, Interest, penal Interest, charges, costs, and all incidental expenses, obtain and furnish to the Petitioner, Loan Closure Certificate/Discharge Deed from the concerned bank, NOC from the concerned bank regarding loan closure, All original title documents pertaining to the schedule property.

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6. The 2^nd Respondent shall execute and register cancellation of Sale Deed dated 21-05-2020 before the concerned Sub-Registrar, Extend full cooperation for completion of cancellation formalities on 31-03-2026, subject to availability of the jurisdictional Sub-registrar.

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7. The 2^nd Respondent undertakes to close all proceedings initiated by Kalpataru Credit Co-operative Society Ltd. under Section 138 of the NI Act and recovery proceedings before the Joint Registrar of Co-operative Societies, in UBC-4/DIS/1608/2025-26, after receiving the entire payment.

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8. The 2^nd Respondent confirms that he has tendered resignation from the partnership firm and agrees that upon recording of this compromise, he shall stands retired from the firm with immediate effect from this day. The 2^nd respondent shall s execute necessary release, resignation, and no-dues documents and he shall relinquish all rights, claims, management interest, or participation in the firm permanently. The 2^nd Respondent irrevocably relinquishes all rights, roles, interests, management, control, participation, profit share, and claims of any nature whatsoever, whether present or future, in the Partnership Firm.

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9. In case of default in payment by the Petitioner as per Clause-3, the 2^nd Respondent shall be entitled to, Revive appropriate legal proceedings, Seeking enforcement of

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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this compromise, Initiate contempt proceedings, if applicable. In case of failure by the 2^nd Respondent to comply with loan closure, document handover, Execution of Resignation from the cancellation of sale deed and execution of resignation from the firm, the Petitioner shall be entitled to seek execution/specific performance, or contempt action. Any breach of the terms of this compromise petition by both the parties shall be treated as a material breach of undertaking given to this Hon'ble Court.

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10. The 2^nd Respondent shall solely bear all expenses relating to, Loan closure, discharge deed, Cancellation of the Sale Deed dated 21-05-2020 and document handover original documents and all compliance requirements under this compromise.

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In view of the above, the Respondent No.2 is not willing to prosecute the criminal case against the petitioner further, as such the 2^nd Respondent has no objections for quashing/closing/ compounding of the proceedings in Crime No.438/2024, registered by the 1^st respondent for the offences punishable under section 420 & 506 of repealed Indian Penal Code 1860 Pending on the file of the 46^th Addl. Chief Metropolitan Magistrate Court, Bengaluru.

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The parties give solemn undertakings before this Hon'ble Court to strictly comply with each and every term of this Joint Memo within the stipulated timelines. Any violation shall render the defaulting party liable for appropriate legal consequences, including contempt of court.

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WHEREFORE, the Petitioner and 2nd Respondent most humbly prays that this Hon'ble Court may be pleased to permit the Petitioner and 2nd Respondent to compound the offences and further to quash the proceeding Crime No. 438/2024 registered by the 1^st respondent for the offences punishable under section 420 & 506 of repealed Indian Penal Code 1860 Pending on the file of the 46^th Addl Chief Metropolitan Magistrate Court Bengaluru, Recording this Joint Memo of Compromise and Dispose of the above petition, in terms of this joint memo, in the ends of justice.”

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NC: 2026:KHC:14681 WP No. 30652 of 2024

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HC-KAR

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Though the offence alleged against the petitioner in the case at hand inter alia is the one punishable under Section 506

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of the IPC, which is non-cognizable, since the allegations are not against the State, I deem it appropriate to accept the joint memo filed by the parties and terminate the proceedings against the petitioner.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The writ petition is disposed.

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(ii) The impugned crime in Crime No.438/2024 pending before the 46^th Additional Chief Metropolitan Magistrate Court, Bengaluru, stands quashed, qua the petitioner.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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NVJ List No.: 3 Sl No.: 20

Sri.Syed Tabraz Altaf v. the State by Kengeri Police Station

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Sri.Syed Tabraz Altaf v. the State by Kengeri Police Station

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