- 1 - NC: 2025:KHC:13164 WP No.1387 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS. JUSTICE M. G. UMA WRIT PETITION NO.1387 OF 2022 (GM-RES) BETWEEN: 1. SRI NITIN KANJI SHAH S/O. LATE KANJI DEVSHI SHAH, AGED ABOUT 55 YEARS. 2. SMT. SAVITA NITIN SHAH, W/O. NITIN KANJI SHAH, AGED ABOUT 51 YEARS. 3. KARINA NITIN SHAH, D/O. NITIN KANJI SHAH, AGED ABOUT 28 YEARS. PETITIONERS NO.1 TO 3 RESIDING AT NO.7, KUNAL, 1ST FLOOR, UPPER PIPE LINE ROAD, KUMARA PARK WEST, BENGALURU-560 020. 4. MANJULA MAHENDRA SHAH W/O. MAHENDRA HEMRAJ SHAH, AGED ABOUT 67 YEARS, NO.F 1803, ETA GARDEN APARTMENT, BUNNI STONE GARDEN, MAGADI ROAD, BENGALURU-560 023. 5. NIKHIL A.PATEL S/O. LATE ARVIND D.PATEL, AGED ABOUT 53 YEARS, NO.149, 8TH CROSS H.M.T. LAYOUT, R.T. NAGAR, BENGALURU-560 032. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC:13164 WP No.1387 of 2022 6. NIRMAL KUMAR PIRGAL, S/O. LATE PUKRAJ PIRGAL, AGED ABOUT 53 YEARS, NO.71/1, 1ST FLOOR, RANGA RAO ROAD, NEAR RSS HEAD OFFICE, SHANKARAPURAM, BENGALURU-560 004. …PETITIONERS (BY SRI MAHESH S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIRAMPURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. VINOD KANJI SHAH, AGED ABOUT 65 YEARS, OFFICE AT SHALIMAR AGARABATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560 021. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1; SMT.KARISHMA NAGANUR, ADV. FOR SHRI POPAT PRASHANTH DHARMASINH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ENTIRE PROCEEDINGS IN C.C.NO.29816/2017 REGISTERED BY THE 1ST RESPONDENT POLICE PENDING BEFORE THE ACMM, BENGALURU FOR OFFENCES PUNISHABLE UNDER SECTION 143, 147, 504. 448, 427, 341 R/W 149 IPC, VIDE ANENXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13164 WP No.1387 of 2022 CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners and respondent No.2 have filed a joint memorandum of settlement and submitted that the parties have settled the dispute amicably and petition may be allowed in terms of the joint memo. 2. The joint memorandum of settlement singed by petitioners, respondent No.2 and their respective counsels, reads as under: “JOINT MEMORANDUM OF SETTLEMENT The Petitioners and the 2nd Respondent humbly submit as follows: 1. The above Petition arises out of a complaint registered by the First Informant/2nd Respondent. Pursuant to the Complaint, the 1st Respondent Police have registered a case in Crime/FIR No.166/2017, for the offences punishable under sections 143, 504, 448, 427, 341 and 149 of Indian Penal Code, 1860 and the proceedings are presently pending on the file of the XXXII - 4 - NC: 2025:KHC:13164 WP No.1387 of 2022 Additional Judicial Magistrate, against the Petitioners in C.C No.29816/2017. 2. The 1st to 3rd Petitioners and the 2nd Respondent herein are relatives and have amicably resolved their disputes with respect to the criminal proceeding in C.C.No.29816/2017. The 2nd Respondent unequivocally consents not to prosecute the Petitioners in the criminal proceedings in C.C.No.29816/2017 in view of the settlement between the Petitioners and 2nd Respondent. The 2nd Respondent has no objection for quashing this proceeding and to give quietus to this criminal case. 3. It submitted that the 1st petitioner and 2nd Respondent are agitating the partnership disputes in Arbitration before Sole Arbitrator arising out of C.M.P.No.246/2017 and the amicable settlement herein has no bearing on the arbitration proceedings or other proceedings pending before other forums. This is without prejudice to all contentions and claims in other proceedings. 4. In view of the voluntary nature of the compromise between the Parties to the above Petition in view of their relationship and considering the future of the Petitioners, 2nd Respondent has consented to quash this proceeding. - 5 - NC: 2025:KHC:13164 WP No.1387 of 2022 5. The Parties have entered into this Joint Memorandum of Settlement voluntarily, without any coercion or undue influence. It is therefore prayed, in view of the aforesaid settlement of disputes between the Petitioners and the 2nd Respondent, that this Hon'ble High Court be pleased to quash the entire proceedings in C.C.No.29816/2017, for the offences punishable under Sections 143, 504, 448, 427, 341 and 149 of Indian Penal Code, 1860 pending on the file of XXXII ACMM, Bengaluru in the interest of justice and equity and in view of the compromise between the parties.” 3. Respondent No.2 - Shri Vinod Kanji Shah is appeared through video conference and he is identified by his counsel Smt. Karishma Naganur. Respondent No.2, on enquiry, submitted that the dispute between the parties is amicably settled and that he has no objection to quash the criminal proceedings initiated on the basis of the first information. 4. Satisfied with the terms of compromise for which respondent No.2 voluntarily agreed and consensual to quash the criminal proceedings. The joint memorandum - 6 - NC: 2025:KHC:13164 WP No.1387 of 2022 of settlement and the submission of respondent No.2 are placed on record. 5. In view of the above, the terms of the memorandum of settlement are accepted and the petition is liable to be allowed. Accordingly I proceed to pass the following : ORDER (i) The writ petition is allowed. (ii) The entire proceedings initiated against the petitioners in C.C.No.29816/2017 on the file of XXXII ACMM, Bengaluru for the offences punishable under Sections 143, 504, 448, 427 and 341 read with Section 149 of IPC are hereby quashed. Sd/- (M G UMA) JUDGE EM: CT: UMD. List No.: 19 Sl No.:1.3