Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:7804 CRL.P No. 3820 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3820 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
MAHESH GOVINDRAJU, S/O GOVINDARAJU, AGED ABOUT 36 YEARS, R/AT GOVIANU, GRACE GARDEN, BENSON ROAD, BENSON TOWN, BANGALORE-560046
2.
SHILPA SHREE R., W/O RAGHU B. H., AGED ABOUT 32 YEARS, R/AT NO.35, 3RD CROSS, 3RD MAIN ROAD, NEAR VENKATESHWARA TEMPLE ROAD, CHOWDESHWARI NAGARA, BANGALORE NORTH, BANGALORE-560058
3.
TIRUPATTUR MOHAMED IRFAN, C/O TIRUPATTUR MOHAMMED MOIN, AGED ABOUT 46 YEARS, R/AT NO.18, ATKINSON ROAD, VEPERY, CHENNAI
TAMIL NADU - 600007 …PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY PULAKESHINAGAR POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE-560001
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:7804 CRL.P No. 3820 of 2024
2.
SYED YUSUF BABU S/O LATE SYED SUBULLAH, AGED ABOUT 48 YEARS, R/AT NO.136, 8TH MAIN, 7TH CROSS, HUTCHINS ROAD, FRAZER TOWN, BANGALORE - 560005 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1 SRI. AVINASH P., ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR DATED 05.03.2024 AGAINST THIS PETITIONERS IN CR.NO.85/2024 OF THE PULAKESHINAGAR P.S., PENDING ON THE FILE OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT AT BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTION 420 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 has sought for the following relief:-
“ WHEREFORE the Petitioners above named humbly prays before this Hon’ble Court to quash the FIR dated: 05.03.2024 against this petitioner in Cr.No.85/2024 of the Pulakeshinagar PS pending on the file of XI Additional Chief Metropolitan Magistrate, Mayo Hall unit at Bangalore for offence punishable under Section 420 of IPC in the interest of justice.”
- 3 -
NC: 2025:KHC:7804 CRL.P No. 3820 of 2024
2. Heard learned counsel for the petitioner, learned HCGP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record.
3. Learned counsel for the 2nd respondent has filed a memo stating that he would withdraw all the allegations made in the impugned complaint filed against the petitioner and that the parties have amicably settled the dispute among themselves.
4. The said memo dated 21.02.2025 filed by the 2nd respondent is placed on record and reads as under:-
“1. The Respondent-2 states that he had lodged a complaint at Pulakeshinagar P.S, pursuant to which an FIR was registered as Crime No. 85/24 for the offences punishable under Section 420 of the IPC.
2. The accused in Crime No. 85/2024 is the petitioner in this case, who is benefiting from a stay granted by this Hon’ble court.
3. The Respondent -2 staes that the petitioner entered into a compromise, and upon such compromise, the petitioner asked the Respondent-2 to withdraw the case pending before the X Additional Chief Metropolitan Magistrate, Bengaluru, in Crime No. 85/2021.
4. The Respondent -2, upon filing an advance application in the trial court, learned that he cannot withdraw the case as the stay is in operation.
- 4 -
NC: 2025:KHC:7804 CRL.P No. 3820 of 2024
5. The Petitioner, Mahesh Govindaraju, and others agreed to pay ` 10, 75,000, which he was liable to pay towards M.Sand, P. Sand and jelly purchased by the respondent No.2 in the year 2023-24.
6. The Respondent -2 has given consent to quash this petition upon such agreement.
WHEREFORE, Respondent-2 has filed this memo in the interest of justice.”
5. In view of the aforesaid settlement arrived at between the parties, I pass the following:-
ORDER (i) Petition is hereby allowed and disposed of in terms of the said Memo dated 21.02.2025.
(ii) All further proceedings arising out of Crime No.85/2024 registered by the 1st respondent – Police, for the offence punishable under Section 420 of IPC pending on the file of XI ACMM, Bangalore, insofar as the petitioner is concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.