- 1 - NC: 2025:KHC:2014 WP No. 1374 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.1374 OF 2023 (GM-RES) BETWEEN: OMAR SHERIFF S/O SALEEM SHERIFF AGED ABOUT 37 YEARS NO.2718, 1ST CROSS, GEETHANJALI LAYOUT NEW THIPPASANDRA, BHEL 3RD STAGE BANGALORE – 560 035. BY M/S. BUILDER SKYLARK ITHACA PROJECT PVT LTD., …PETITIONER (BY SRI. KIRAN J., ADVOCATE) AND: 1. DEPUTY SUPERINTENDENT OF POLICE CYBER TRAINING AND RESEARCH DIVISION - CID, BANGALORE – 560 001 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE - 560 001. 2. SRI. KRISHNA S/O LATE CHANDRASHEKARAN AGED ABOUT 45 YEARS NO.406, GP2, ASTRO GREEN PARK REGENCY, SY.NO.42/6, HALANAYAKANAHALLI BANGALORE 560 035. 3. ICICI BANK LTD., TOWERS NO.1, MG ROAD, COMMISSARIAT ROAD, GROUND FLOOR, BANGALORE – 560 001 REP. BY TIS GENERAL MANAGER. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R-1; SRI. A. MAHESH CHOUDHARY, ADVOCATE FOR R-2 & SRI. FRANCIS XAVIER, ADV. FOR R3) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2014 WP No. 1374 of 2023 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE COMPLAINT DATED 09.03.2019 FILED BY THE RESPONDENT NO.2 (ANNEXURE-A) INSOFAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “a) Issue a writ, in the nature of Certiorari or any other appropriate writ, order or direction to quash the Complaint dated 09.03.2019 filed by the respondent no.2 in so far as petitioner is concerned (Annexure-A). b) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction to quash the FIR bearing Crime No.59/2019 dated 09.03.2019 filed by the Respondent herein on the file of Addl. Chief Judicial Magistrate (ACJM) Bangalore Rural District in so far as petitioner is concerned (Annexure-B). c) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction declaring the action of the respondent no.3 Bank in freezing of the account no. 000201670729 is highly arbitrary and illegal. d) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction declaring the action of the respondent no.3 Bank in freezing of accounts without any communication / information to the petitioner is highly - 3 - NC: 2025:KHC:2014 WP No. 1374 of 2023 arbitrary illegal and violative of Article 19(1) (g) of Constitution of India. e) Pass any order/s as this Hon’ble Court deems fit in the interest of justice.” 2. Learned counsel for the petitioner – accused No.2 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.2 and his counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- “JOINT MEMO FILED BY THE COMPLAINANT AND ACCUSED The parties above named humbly submits as follows: “1. The Respondent No.2 had filed Complaint offences under Sections 34, 418, 406, 419, 415, 405 and 420 of Indian penal Code, 1860 against the Petitioner. Subsequently, the complaint was registered as a FIR bearing No.59/2019 dated 09.03.2019 before Kadugodi Police Station for offences under 34, 418, 406, 419, 415, 405 and 420 of Indian penal Code, 1860 arraying the Petitioner as the accused. 2. However, on 07.03.2024 a MOU was entered into between The Homebuyers of Project Skylark Ithasca and M/s Ramkey Estates and Farm Limited and M/s Skylark - 4 - NC: 2025:KHC:2014 WP No. 1374 of 2023 Mansions Private Limited and M/s Ithaca Estates Private Limited and the Petitioners along with Mrs Nishaat Saleem. As per the MOU, a settlement has been entered into between these parties. The Respondent No.2 has consented that they will withdraw the pending suits and complaints in light of the taking over of construction by M/s Ramkey Estates and Farm Limited. 3. This implies that the Respondent No.2 intends to not pursue the impugned complaint and FIR dated 09.03.2019. 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.59/2019 dated 09.03.2019 pending on the file of Addl. Chief Judicial Magistrate, Bengaluru Rural District in the interest of justice and equity” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is allowed and disposed of in terms of Joint Memo dated 26.11.2024. (ii) The Complaint and FIR in Crime No.59/2019 dated 09.03.2019 of Kadugodi Police Station pending on the file of the Addl. Chief Judicial Magistrate, Bengaluru Rural District, in relation to the petitioner are hereby quashed. - 5 - NC: 2025:KHC:2014 WP No. 1374 of 2023 (iii) In view of quashment of Complaint and FIR as stated supra, respondent No.3 – ICICI Bank Ltd., Bengaluru, is directed to defreeze the account of the petitioner immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 128