- 1 - NC: 2025:KHC:15447 CRL.P No. 3862 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3862 OF 2024 BETWEEN: 1. MR. SUSHIL PANDURANGA MANTRI, S/O PANDURANGA JIVRAJ MANTRI, AGED 62 YEARS, DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., R/AT MANTRI HOUSE, NO. 41, VITTAL MALYA ROAD, BENGALURU - 560 001. 2. MR. THIPPAREDDYGARI HARIKRISHNA REDDY, S/O THIPPAREDDY GARI KRISHNA REDDY, AGED 41 YEARS, DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., R/AT MANTRI HOUSE, NO. 41, VITTAL MALYA ROAD, BENGALURU - 560 001. …PETITIONERS (BY SRI. MAHESH S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KOTHANUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15447 CRL.P No. 3862 of 2024 2. SRI. JAGADEESH UPPIN, S/O LATE SHIVARUDRAPPA, AGED ABOUT 63 YEARS, NO. 38, BRAHMA APARTMENT, CLUB ROAD, OPP TO: INCOME TAX OFFICE, BELAGAVI CITY, KARNATAKA - 590 001. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. M.D. RAJKUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.0082/2024 REGISTERED BY THE 1ST RESPONDENT KOTHANUR POLICE STATION, FOR THE OFFENCE P/U/S 420 OF IPC, PENDING ON THE FILE OF THE 11TH ADDL. CMM, MAYOHALL, BANGALORE AS AGAINST THE PETITIONERS HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, a developer, is before this Court challenging the registration of the First Information Report (FIR) for the offence punishable under Section 420 of the Indian Penal Code (IPC). 2. The impugned FIR was lodged by respondent No.2 alleging that an advance sale consideration was paid to the petitioner for the purchase of a residential flat. It is further - 3 - NC: 2025:KHC:15447 CRL.P No. 3862 of 2024 alleged that subsequent to the termination of the agreement of sale, the petitioner, with fraudulent intent, failed to return the advance amount, thereby cheating the complainant. 3. Pursuant to the interim order passed by this Court on 23.04.2024, the petitioner has deposited a sum of Rs.28,00,000/- (Rupees Twenty-Eight Lakhs only), being the entire advance sale consideration, before this Court. 4. The petitioner has expressed no objection to respondent No.2 withdrawing the said amount. Respondent No.2 has, in turn, acknowledged the receipt of the entire advance sale consideration and has expressed that he has no further grievance against the petitioner. He has further agreed to withdraw all allegations made against the petitioner and has no objection to quashing of the impugned FIR. 5. In view of the aforesaid developments and the fact that the entire dispute has been amicably resolved between the parties, no purpose would be served by continuing the criminal proceedings. The essential ingredients necessary to constitute an offence under Section 420 of IPC—namely, fraudulent or dishonest intention at the inception of the transaction—are not made out. The dispute arises from a civil transaction and has since been settled in entirety. 6. It is a well-settled principle that when parties have resolved their disputes amicably and where the continuation of - 4 - NC: 2025:KHC:15447 CRL.P No. 3862 of 2024 proceedings would amount to abuse of the process of law, the Court, in exercise of its inherent powers under Section 482 of the Cr.P.C., may quash such proceedings to secure the ends of justice. ORDER i. Accordingly, petition is allowed. ii. The impugned FIR in Crime No.0082/2024 registered by Kothanur Police Station is hereby quashed. Liberty is reserved with the 2nd respondent to withdraw the amount deposited before this Court. Subject to the furnishing of identity proof, liberty is also reserved with the respondents to claim interest, if any, permissible in law, before the appropriate forum. iii. Pending I.A's does not survive for consideration. Accordingly, I.A.No.2/2024 is allowed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 21 CT: BHK