- 1 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3624 OF 2022 BETWEEN: MR. VIMAL JAIN S/O MANOHAR LAL AGED ABOUT 45 YEARS MANAGING DIRECTOR M/S VAISHNODEVI LUSH GREENS PVT LTD., NO.13, MUTHACHARI INDUSTRIAL ESTATE, MYSORE ROAD NAYANDAHALLI BENGALURU - 39, PRESENTLY AT NO.459, 4TH FLOOR, 12 MAIN ROAD M.C. LAYOUT, (NEAR VIJAYNAGAR POST OFFICE), VIJAYANAGAR, BENGALURU - 560 040 …PETITIONER (BY SMT. URMILA PULLAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA TAVAREKERE POLICE STATION REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 2. SMT. VASANTHA W/O VENKATARAMU AGED ABOUT 55 YEARS R/A NO.811, 23RD MAIN, IDEAL HOMES TOWNSHIP, RAJARAJESHWARI NAGAR, BENGALURU - 560 098 …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1, SRI. N.R. JAGADEESWARA, ADVOCATE FOR R2) Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN PCR NO.9/2022 PENDING BEFORE LEARNED 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC MAGADI IN CR.NO.72/2022 REGISTERED BY TAVAREKERE POLICE STATION FOR THE OFFENCE P/U/S.420, 467, 468, 506 OF IPC AGAINST THE PETITIONER AT THE INSTANCE OF RESPONDENT NO.2. THIS CRL.P, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Heard learned counsel for the petitioner, learned High Court Government Pleader and learned counsel for respondent No.2. 2. Learned counsel for respondent No.2 submits that, he has already filed the memo dated 04.04.2024, seeking to allow the petition and to quash the criminal proceedings, since there is compromise between the parties amicably, and the memorandum of compromise was filed in O.S.No.52 of 2021 between the same parties that was pending before the learned Principal Senior Civil Judge, Magadi. 3. Perused the memo filed by respondent No.2 and her counsel saying no objection to allow the petition by quashing - 3 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 the FIR and the criminal proceedings initiated against the petitioner. The memorandum of compromise petition filed under Order 23 Rule 3 read with Section 151 of CPC in O.S.No.52/2021, on the file of the learned Principal Senior Civil Judge, Magadi is produced before the Court, reads as under: " The Plaintiff and the Defendant most humbly submits as follows: 1. The Plaintiff has filed a suit against the Defendant claiming that the Defendant has entered into an oral Agreement to sell with respect to the lands described in the Plaint, which herein after referred to as the Suit Schedule Properties to the Plaintiff. The Defendant entered appearance and denied the claim of oral Agreement. 2. Taking into consideration of the fact that the litigation will take a long time, at the instance of friends and well-wishers of the Plaintiff and Defendant, the Plaintiff and Defendant have resolved the dispute/subject of the aforesaid matter amicably as hereunder: a) The Defendant (Smt. Vasantha) has agreed to pay a sum of Rs.20,00,000/- (Rupees Twenty lakhs only) to the Plaintiff as full and final settlement of the claims of the Plaintiff against the Defendant and the Suit Schedule Properties. b) The said sum is paid by way of DD bearing No.927089 dated 07/12/2023, issued by State Bank of India, Rajajeshwarinagar branch, Bangalore, by the Defendant to the - 4 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 Plaintiff and the said sum is paid before this Hon'ble Court at Magadi, the receipt of which the Plaintiff does hereby admit and acknowledge. c) In consideration of receipt of Rs.20,00,000/- (Rupees Twenty lakhs only) as above, the Plaintiff does hereby admit, agree, covenant and declare that the entire dispute with respect to the Suit Schedule Properties, the Plaintiff and the Defendant and all persons claiming under or through the Defendant and or her husband Sri. Venkataramu has been fully settled and the Plaintiff has no manner of charge or lien or right or claim of whatsoever either against the Defendant or her husband her husband and or the Suit Schedule Properties. The defendant hereby undertakes to withdraw PCR.No. 9/2022 pending before II Sr. Civil Judge and JMFC and all other allegations made against and between the parties. d) The Defendant and her husband are liberty to deal with the Suit Schedule Properties in the manner they deem fit and appropriate without any let or hindrance or claim whatsoever by the Plaintiff and or any persons claiming under or through the Plaintiff. 3. Both the parties do hereby declare that they have resolved all disputes and claims between them, in relation to the Suit Schedule Properties, in terms of this compromise petition, voluntarily, out of their own volition and the same is free from any force, undue influence and or coercion. WHEREFORE, the Plaintiff and the Defendant most humbly pray that this Hon'ble Court be pleased to: - 5 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 (1) Dispose of the suit in terms of this Compromise.. petition; (i) Pass an order for refund of the entire Court Fees to the Plaintiff, and (iii) Pass such other and further orders, as this Hon'ble Court may deem fit under the facts and circumstances of the case, in the interests of justice and equity." 4. Learned counsel for the petitioner and respondent No.2 submit in unison that, both the parties have entered into such compromise and in view of the same, the petition is to be allowed. 5. The memo dated 04.04.2024, Memorandum of Compromise and the submissions are placed on record. Satisfied with the terms of compromise between the parties. 6. In view of the above, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The proceedings in PCR No.09/2022, pending before the learned II Additional Civil Judge (Jr.Dn) & JMFC Magadi in Crime No.72/2022 of Tavarekere Police Station, for - 6 - NC: 2025:KHC:2264 CRL.P No. 3624 of 2022 the offences punishable under Sections 420, 467, 468, 506 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 12