- 1 - NC: 2025:KHC:7543 WP No. 10962 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 10962 OF 2021 (GM-RES) BETWEEN: 1. MR. RENY PHILIP S/O K.O. PHILIPOSE AGED 58 YEARS, NO-1029, 80 FEET ROAD, KORAMANGALA 1ST BLOCK, BENGALURU, BENGALURU CITY, KARNATAKA 2. MR. SIMON K.K. S/O KURU K.P. AGED 73 YEARS, #NO.35 3RD MAIN, 2ND STAGE, DOMLUR BENGALURU CITY, KARNATAKA 3. MR. VARGHESE PALLATH S/O LATE P.G. VARGHESE, AGED ABOUT 55 YEARS, R/O NO.53, PALLATH HOUSE, 16TH CROSS, 2ND MAIN, GOPALAPPA LAYOUT, BENGALURU KARNATAKA …PETITIONERS (BY SRI. K.R. KRISHNAMURTHY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DIRECTOR GENERAL OF POLICE KARNATAKA STATE POLICE, BENGALURU - 560 001 Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7543 WP No. 10962 of 2021 3. STATION HOUSE OFFICER HALASUR SUB-DIVISION BENGALURU CITY, 4. MR. S.M. ALEX S/O M.M. ALEXANDER AGED ABOUT 63 YEARS ALEX ENTERPRISES NO.B-1265, 14TH FLOOR, MITTAL TOWER, M.G. ROAD BENGALURU, BENGALURU CITY, KARNATAKA 5. MR. AMARESH P.S.I. ULSOOR POLICE STATION BENGALURU. AMENDMENT CARRIED OUT VIDE ORDER DATED 07.09.2021. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 TO 3 & 5 SRI. KRISHNA S. VYAS, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ENTIRE INVESTIGATION ALONG WITH THE FIR NO.11/2021 DATED 13.01.21 REGISTERED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A AND ETC., THIS W.P., COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - NC: 2025:KHC:7543 WP No. 10962 of 2021 ORAL ORDER Learned counsel for the petitioners and learned counsel for respondent No.4 have filed the joint memo and submitted that the parties have amicably settled the dispute out of Court. 2. The petitioners - accused Nos.1 to 3 and respondent No.4 are present before the Court along with their counsel. The parties are identified by their respective counsel. 3. Joint memo dated 20.02.2025 reads as under: "The Petitioners and the Respondent No.4 jointly submits as follows; 1. The Petitioner No.1 and 2 are the officer bearers of M/s Gregorian Millennium Association (in Short referred as, "GMA"), and the Petitioner No.3 is one of the site applicants in the M/s Gregorian Millennium Association residential project, and the Complainant who is arrayed as Respondent No.4 is the proprietor of Alex Enterprises. 2. During the course of business transaction misunderstandings arose between M/s GMA and the Respondent No.4 and the Respondent No.4/ Complainant has filed the complaint against the Petitioner No.1, Petitioner No.2 and Petitioner No.3. It is further clarified that Petitioner No.3 has not entered into any agreements with the Respondent No.4/ Complainant. - 4 - NC: 2025:KHC:7543 WP No. 10962 of 2021 3. There are other civil disputes filed between the GMA and the Respondent No.4 herein. 4. M/s GMA and Alex Enterprises have settled all the disputes between them amicably in AC No. 700/2022 and reported the settlement to the Arbitration Tribunal. The Arbitral Tribunal has accepted the terms of settlement and passed settlement Award dated: 09.09.2024 a copy of which is produced along with this memo. 5. As per the terms of settlement, the GMA and the Respondent No.4 have mutually agreed to withdraw all the allegations made against each other and also to withdraw the cases filed against them. The offences for which the FIR is registered are also compoundable. 6. Having regard to the amicable settlement of all issues between all the parties, the Respondent No.4/ Complainant has no objection for quashing the proceeding initiated against the Petitioner No.1, Petitioner No.2 and Petitioner No.3 in the ends of justice. 7. The Petitioner no.1, Petitioner No.2 and Petitioner No.3 herein are not pressing the prayer at prayer item No. ii to iv. The Petition in so far against Respondent No.5 is not: pressed by the Petitioner no.1, Petitioner No.2 and Petitioner No.3. Wherefore, in view of the subject matter of the complaint being settled amicably between the parties, it is prayed that the FIR and investigation may be quashed against the Petitioners in the ends of justice and equity." - 5 - NC: 2025:KHC:7543 WP No. 10962 of 2021 4. The parties admit the terms of joint memo. Respondent No.4 specifically submits before the Court that, in view of the compromise entered into between the parties, he is withdrawing all the allegations made against the petitioners and he has no objection to allow the petition and to quash the criminal proceedings initiated against the petitioners. 5. Joint memo and the submissions are placed on record. 6. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The criminal proceedings initiated in Crime No.11/2020 of Halasur Police Station, registered for the offences punishable under Sections 420, 448, 504, 506, 120B read with Section 34 of IPC, is hereby quashed against the petitioners. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 16