- 1 - NC: 2025:KHC:664 CRL.P No. 3402 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3402 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. M/S DURGA SHREE HEIGHTS PVT. LTD. NO.161/A, ABDUL HAMID STREET, 5TH FLOOR, KOLKATA-700069 WEST BENGAL (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956) REPRESENTED BY ITS DIRECTORS SRI NAVRATAN JHUNJHUNWALA SRI NAVNEET JHUNJHUNWALA SRI NIRAJ JHUNJHUNWAA ADDRESS AS PER FIR JAYANAGAR 1ST BLOCK, BENGALURU-560041 2. M/S DURGA PROJECTS AND INFRASTRUCTURE PVT. LTD. NO.125/1/18, G.K. ARCASE, FIRST FLOOR, ASHOKA PILLAR, JAYANAGAR 1ST BLOCK, BENGALURU -560011 (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956) REPRESENTED BY ITS DIRECTORS SRI NAVRATAN JHUNJHUNWALA SRI NAVNEET JHUNJHUNWALA SRI NIRAJ JHUNJHNWALA ADDRESS AS PER FIR JAYANAAR 1ST BLOCK, BENGALURU-560041 3. SRI NAVRATAN JHUNJHUNWALA S/O LATE OMPRAKASH JHUNJHUNWALA AGED ABOUT 52 YEARS R/AT C-164, 16TH FLOOR, SOBHA MAGNOLIA, GURUPANNA PALYA, MADIVALA, BANNERGHATTA ROAD, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:664 CRL.P No. 3402 of 2023 BENGALURU-560 076 4. SRI NAVNEET JHUNJHUNWALA S/O LATE OMPRAKASH JHUNJHUNWALA AGED ABOUT 51 YEARS R/AT C1303, SNN RAJ LAKE VIEW APT PHASE TWO, BILEKAHALLI, RANKA COLONY, BENALURU-560 076 ADDRESS AS PER FIR JAYANAAR 9TH BLOCK, BENGALURU-560041 5. SRI NIRAJ JHUNJHUNWALA S/O LATE OMPRAKASH JHUNJHUNWAA AGE ABOUT 46 YEARS R/AT 183, HIBISCUS-A, SALAPURIA SATTVA, GREENAG, HOSUR ROAD, NEAR OXFORD COLLEGE, BOMMANAHALLI, BENGALURU-560 068 ADDRESS AS PER FIR JAYANAGAR 8TH BLOCK, BENGALURU-560041 …PETITIONERS (BY SRI. UNIIKRISHNANA M., FOR SUHITH S., ADVOCATES) AND: 1. STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION, BANGALORE CITY, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001 2. SRI SRIPADA MADHUKAR, S/O MADHUKAR T J., AGED ABOUT 31 YEARS, # 38, POLICE STATION ROAD, BASAVANAGUDI, BANGALORE-560 004 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1 SRI. D.BHANU PRADEEP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.279/2022 - 3 - NC: 2025:KHC:664 CRL.P No. 3402 of 2023 REGISTERED BY MAHADEVAPURA POLICE STATION, THE 1ST RESPONDENT HEREIN, AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 405, 406, 415, 420, 424, 467, 468, 477, 477A, 120B R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing of FIR in Crime No.279/2022 for the offence punishable under Sections 405, 406, 415, 420, 424, 467, 468, 477, 477A, 120B read with Section 34 of IPC on the file of III Addl. Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed Com. A.A No.333/2022 against the petitioner on 08.08.2022 under Section 9 of the Arbitration and Conciliation Act,1996. 4. During the pendency of the said proceedings, respondent No.2 filed the instant complaint registered in Crime No.279/2022 on 22.09.2022. However, subsequently, in the - 4 - NC: 2025:KHC:664 CRL.P No. 3402 of 2023 aforesaid arbitration proceedings in Com. A.A No.333/2022, the parties entered into a compromise in terms of which the parties agreed that the instant FIR would be quashed subject to the petitioner making payment of two installments as indicated in the compromise. The material on record disclose that out of total amount of 22.50 crores payable by the petitioner to respondent No.2 in terms of compromise, the petitioner has paid a sum of Rs.22.31 crores to the respondent as on today. 5. It is also a matter on record that aggrieved by non compliance of terms and conditions of the compromise, respondent No.2 has instituted execution proceedings in Com Ex. No.407/2023 and Com Ex No.697/2024 against the petitioner and that the same is pending consideration as on today. 6. In view of the facts and circumstances of the case, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by quashing impugned criminal proceedings by leaving open all contentions to be decided by Executing Court in the aforesaid execution proceedings. - 5 - NC: 2025:KHC:664 CRL.P No. 3402 of 2023 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The proceedings in FIR in Crime No.279/2022 for the offence punishable under Sections 405, 406, 415, 420, 424, 467, 468, 477, 477A, 120B read with Section 34 of IPC on the file of III Addl. Chief Metropolitan Magistrate, Bengaluru qua the petitioner are hereby quashed. iii) All rival contentions in Commercial Execution Petitions in Com Ex. No.407/2023 and Com Ex No.697/2024 are left open. iv) Liberty is also reserved in favour of petitioner as well as respondent No.2 to take recourse to such other remedies as available in law against each other. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 4