- 1 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 881 OF 2022 BETWEEN: 1. MR. SHUBHAM MAHESHWARI, AGED ABOUT 28 YEARS, S/O DURGESH MAHESHWARI, PERMANENTLY R/AT L-111A, JAGATRAM PARK, LAKSHMINAGAR, SHAKARPUR, BARAMAD, EAST DELHI, DELHI-110 092. PREVIOUSLY STAYED FOR SOME TIME AT COMPANY'S GUESTHOUSE TILL OCTOBER 2020: NO.403, MM PLAZA, 5TH MAIN ROAD, 1236, 18TH CROSS, SECTOR -7, HSR LAYOUT, BANGALORE CITY-102. …PETITIONER (BY SMT. AYANTIKA MONDAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY HSR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. 2. MR. GAURAV AGGARWAL, S/O KRISHAN AGGARWAL, AGED ABOUT 29 YEARS, C/O VIVIOZ HEALTHTECH PRIVATE LIMITED, NO.#87/9, 17TH CROSS ROAD, SECTOR 5,4, HSR LAYOUT, BENGALURU-560 102. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 SMT. BHAVNA ARUL, ADVOCATE FOR SRI CHINTAN CHINNAPPA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C TO 1. QUASH THE FIR BEARING NO.216/2021 FOR THE OFFENCE P/U/S 384 AND 506 OF IPC. 2. THAT THE PENDENCY OF THE PRESENT PETITION, PROCEEDINGS IN THE FIR BEARING NO.216/2021 AGAINST THE PETITIONER BE STAYED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being the sole accused in Cr.No.216/2021 of HSR Layout Police Station pending in C.C.No.2485/2023 in the file of the learned 39th ACMM, Bengaluru registered for the offence punishable under Section 384 and 506 of Indian Penal Code ( for short 'IPC'), is seeking to quash the criminal proceedings against him. 2. Brief facts of the case are that respondent No.2 has filed the first information on 03.12.2021 against the accused alleging that Vivoiz Healthtech Pvt. Ltd., ('the Company' for short) was incorporated by the complainant - 3 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 and the accused. The accused was in-charge of the Company. During October 2020, the accused wanted to quit the Company and demanded for his share of money. The informant entered into a settlement agreement with the accused by giving his share in the Company. In spite of entering into settlement agreement, the accused demanded for additional amount and criminally intimidated the complainant. Therefore, he requested the Police to register the case. Accordingly, the Police registered the case and took up investigation. After investigation, the charge sheet came to be filed making similar allegations for the offence punishable under Sections 384 and 506 of IPC. Being aggrieved by the same, the petitioner is before this Court seeking quashing of the criminal proceedings. 3. Heard Smt. Ayantika Mondal, learned counsel for the petitioner, Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1 and Smt.Bhavna Arul, learned counsel for respondent No.2. Perused the materials on records. - 4 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 5. According to the informant, he along with the accused was running the Company by name Vivoiz Healthtech Pvt. Ltd. The accused wanted to part with the Company and thus, demanded his share. There was a settlement agreement between the parties. In spite of entering to the settlement agreement, the accused started demanding more share and criminally intimated the complainant and thus, it is stated that the offence under Sections 384 and 506 of IPC is committed by the accused. Learned counsel for the petitioner submits that criminal - 5 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 proceedings is now pending in C.C.No.2485/2023 on the file of the learned 39th ACMM, Benglauru. 6. To attract Section 384 of IPC, there must be extortion as defined under Section 383 of IPC, there must be dishonest inducement and an act to put the person in fear to deliver any property or valuable security. But in the present case, the relationship between the parties is that they are partners or Directors of the Company. Admittedly, it is stated that two settlement agreements, one during January-2021 and another during August-2021 were entered into. It is brought to the notice of the Court that a civil litigation is also pending consideration before the Civil Court. Merely saying that the accused has criminally intimidated to cause injury will not lead to registration of FIR or filing of the charge sheet. There must be prima facie materials to prove the offence in question. 7. The materials on record and the facts and circumstances of the case disclose that, there was dispute - 6 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 between the parties as either partners or Directors of the Company referred to above, even after entering into settlement agreements during January-2021 and August- 2021. The civil litigation is pending between the parties and only with an intention to pressurize the petitioner, criminal complaint appears to have been filed. Basic ingredients to invoke Sections 384 and 506 of IPC are not available. 8. Under these circumstance, I am of the opinion that there are no reasons to permit the criminal proceedings to be continued against the petitioner as it would amount to infringement of the right of the petitioner and also an abuse of the process of the Court. Therefore, I am of the opinion that the criminal proceeding is liable to be quashed. 9. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following: - 7 - NC: 2025:KHC:2924 CRL.P No. 881 of 2022 ORDER (i) The petition is allowed. (ii) The Criminal Proceedings in C.C.No.2485/2023 on the file of the learned 39th ACMM, Bengaluru, registered for the offence punishable under Sections 384 and 506 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE NR/- List No.: 1 Sl No.: 25