- 1 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 33488 OF 2019 (GM-RES) C/W WRIT PETITION NO. 18410 OF 2022 (GM-RES) WRIT PETITION NO. 18411 OF 2022 (GM-RES) IN WP No. 33488/2019 BETWEEN: 1. SHRI SUSHIL PANDURANG MANTRI S/O SHRI PANDURANG MANTRI AGED ABOUT 57 YEARS, MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY BANGALORE-560001. 2. SHRI PRATIK SUSHIL MANTRI S/O SHRI SUSHIL MANTRI AGED ABOUT 30 YEARS, MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY BANGALORE-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 3. SMT SNEHAL SUSHIL MANTRI W/O SHRI SUSHIL MANTRI AGED ABOUT 28 YEARS MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY BANGALORE-560001. …PETITIONERS (BY SRI.M.S. SHYAM SUNDAR., SENIOR ADVOCATE SRI. PRASANNA KUMAR.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, BANGALORE CITY BANGALORE. REPRESENTED BY LEARNED HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE -560 001. 2. MR RAKESH V S S/O SURENDRA BABU V AGED ABOUT 39 YEARS, RESIDING AT DOOR NO.14 NRN RESIDENCY FLAT 5, 9TH CROSS, KAMAKYA LAYOUT BSK 3RD STAGE BANGALORE-560085. …RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R1; SMT. JAITHRA J. NARAYAN, ADVOCATE FOR R2) - 3 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED 27.07.2019 AND RESULTANT FIR DATED 28.07.2019 IN CRIME NO.144/2019 OF THE RESPONDENT CUBBON PARK POLICE AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE U/S 406, 409, 420, 120B AND 34 OF IPC PENDING ON THE FILE OF IV ADDL. CMM COURT, NRUPATHUNGA ROAD, BANGALORE (VIDE ANNEXURE- A AND B TO THE PETITION). IN WP NO. 18410/2022 BETWEEN: 1. M/S. MANTRI DEVELOPERS PVT. LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, HAVING OFFICE AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE-560001. BY ITS AUTHORIZED OFFICER. 2. SHRI SUSHIL PANDURANG MANTRI S/O JIVRAJ PANDURANG MANTRI, AGED ABOUT 58 YEARS, DIRECTOR MANTRI DEVELOPERS PVT LTD, RESIDING A SUSHIL PANDURANG MANTRI BANGALORET MANTRI ALTIUS, BANGALORE-560001. BY ITS DULY AUTHORIZED PERSON. 3. SHRI PRATEEK MANTRI S/O SUSHIL PANDURANG MANTRI, AGED ABOUT 32 YEARS, FORMER DIRECTOR-MANTRI DEVELOPERS PVT LTD, RESIDING AT MANTRI ALTIUS, - 4 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 BANGALORE-560001. ...PETITIONERS (BY SRI. S.M. SHYAM SUNDAR, SENIOR ADVOCATE FOR SMT. VANDANA P L.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CID POLICE, CARLTON HOUSE, PALACE ROAD, BENGALURU, REPRESENTED BY INVESTIGATION OFFICER FOR CRIME NO.72/2020 OF CUBBON PARK PS. 2. THE STATE OF KARNATAKA BY CUBBON PARK POLICE KASTURBA ROAD, CUBBON PARK BENGALURU, REPRESENTED BY TIS STATION HOUSE OFFICER. 3. MR ANIL KUMAR S/O DODDEGOWDA, AGED ABOUT 43 YEARS, 309, DISHA NILAYA, 5TH MAIN, 2ND CROSS, BSK 5TH STAGE, BANGALORE-560001. ...RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R1 & R2; SMT. JAITHRA J. NARAYAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE COMPLAINT, FIR AND ALL FURTHER PROCEEDINGS IN AND ARISING OUT OF CRIME NO.72/2020 OF CUBBON PARK POLICE STATION, BANGALORE WHICH IS NOW BEING - 5 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 INVESTIGATED BY THE CID POLICE, ARRAIGNING THE PRESENT PETITIONERS AS THE ACCUSED NO.1, 2 AND 6 RESPECTIVELY, PENDING ON THE FILES OF THE HONBLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AND SPECIAL COURT FOR BUDS ACT AT BANGALORE VIDE ANNEXURES-A, B AND C TO THE PETITION INSOFAR AS THE PETITIONERS HEREIN. IN WP NO. 18411/2022 BETWEEN: 1. M/S. MANTRI DEVELOPERS PVT. LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, HAVING OFFICE AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE-560001. BY ITS AUTHORIZED OFFICER. 2. SHRI SUSHIL PANDURANG MANTRI S/O JIVRAJ PANDURANG MANTRI, AGED ABOUT 58 YEARS, DIRECTOR MANTRI DEVELOPERS PVT LTD, RESIDING MANTRI ALTIUS, BANGALORE-560001. BY ITS DULY AUTHORIZED PERSON. ...PETITIONERS (BY SRI. M.S. SHYAM SUNDAR, SENIOR ADVOCATE SMT. VANDANA P L.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CID POLICE CARLTON HOUSE, PALACE ROAD, BENGALURU, REPRESENTED BY INVESTIGATION - 6 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 OFFICER FOR CRIME NO.72/2020 OF CUBBON PARK PS - 560 001. 2. THE STATE OF KARNATAKA BY CUBBON PARK POLICE KARTURBA ROAD, CUBBON PARK BENGALURU, REPRESENTED BY ITS STATION HOUSE OFFICER - 560 001. 3. MR. PRASENJIT BHATTACHARJEE S/O PANKAJ KUMAR BHATTACHARJEE 57 YEARS, BLOCK CE 100, SECTOR 1 LAKE CITY, NORTH 24 PRANGANAS WEST BENGAL - 700 064. ...RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R1 & R2; SRI. ROHITH R. KAMATH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE COMPLAINT, FIR AND ALL FURTHER PROCEEDINGS IN AND ARISING OUT OF CRIME NO.28/2020 OF CUBBON PARK POLICE STATION, BANGALORE WHICH IS NOW BEING INVESTIGATED BY THE CID POLICE, ARRAIGNING THE PRESENT PETITIONERS AS THE ACCUSED NO.1 AND RESPECTIVELY, PENDING ON THE FILES OF THE HONBLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AND SPECIAL COURT FOR BUDS ACT AT BANGALORE VIDE ANNEXURES-A, B AND C TO THE PETITION INSOFAR PETITIONERS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners and respondent No.2 in W.P.No.33488/2019 and respondent No.3 in W.P.Nos.18410/2022 and 18411/2022 submit in unison that the parties have amicably settled their dispute in terms of the joint affidavits filed before the Court. 2. The joint affidavit in W.P.No.33488/2019 reads as under: "We, 1) Mr.Sushil Pandurang Mantri s/o Pandurang Mantri aged about 62 years 2) Mrs.Snehal Mantri w/o Sushil Pandurang Mantri aged about 61 years both are at No.5-1, C/5, Rich Homes, Richmond Road, Richmond Town, Bengaluru - 560025, the petitioner. 2) Mr. Rakesh V.S. S/o. Sri Surendra Babu V., aged about 42 years, residing at Door No.14, NRN Residency, Flat 5, 9th Cross, Kamkya Layout, BSK 3rd Stage, Bengaluru - 560 085. The 2nd respondent, do hereby jointly affirm and state the oath as follows: 1. We swear that the present petition is filed by the petitioners seeking quashing of the FIR in Crime - 8 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 No.144/2019 and dated 28/07/2019 filed by the first respondent Cubbon Park Police Station upon receipt of complaint by the 2nd respondent. Interim order was granted by this Hon'ble Court pending the disposal of main petition, staying all further proceedings in the said crime number. 2. We swear that grievance of the complainant was that the petitioner company has received amount for apartment and failed to deliver the apartment or refund the money. Now, the 2nd respondent and the petitioners have entered into a cancellation agreement dated 12.11.2024 seeking cancellation of sale agreement and received refund of amount o/ Rs.8,99,576/- by way of settlement amount on 18/08/2023 vide UTR No.NRTGS/PUNBR52023081818061184 / RAKESH Vs. whereby the dispute in the above detailed FIR has been resolved in its entirety. A copy of Cancellation agreement dated 12.11.2024 is herewith produced at Hon'ble Court as Document No.1. 3. In view of the above settlement agreement and the observations in Gian Singh v. State of Punjab, it is most prayed that this Hon'ble Court be pleased to allow the writ petition and consequently quash the FIR in Crime No.147 of 2019 dated 28.07.2019 pending on the file of 1st respondent Cubbon Park - 9 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 Police Station arraigning the present petitioner as accused upon a joint memo/affidavit in the interest of justice. Whatever stated above is true and correct to the best of our knowledge, information and belief and we believe them to be true." 3. The joint affidavit in W.P.No.18410/2022 reads as under: "We, 1) M/s. Mantri Developers Pvt. Ltd. Represented by its Authorised Representative Mr. Girish Gupta H.S., the 1st petitioner having its Registered office at C-5, 5/1, Rich Homes, Richmond Road, Richmond Town, Bengaluru - 560025, 2) Mr.Sushil Pandurang Mantri, aged about 62 years, S/o. Panduranga Mantri, the 2nd petitioner, 3) Mr. Prathik Mantri, aged about 36 years S/o. Shri Sushil Pandurang Mantri, 3rd petitioner, both are residing at Mantri Altius, Bengaluru - 560 001, the petitioners , 4) Mr. Anil Kumar, S/O. Doddegowda, aged about 43 years, residing at No.309, Disha Nilaya, 5th Main, 2nd Cross, BSK 5th stage, Bengaluru - 560 001 the 3rd Respondent, do hereby jointly affirm and state the oath as follows: - 10 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 1. We swear that the present petition is filed by the petitioners seeking quashing of the FIR No.72/2020 filed by the 3rd respondent before the second respondent i.e. Cubbon Park Police Station. Interim order was granted by this Hon'ble Court pending the disposal of main petition, staying all further proceedings in the said private complaint.. 2. We swear that grievance of the complainant was that the petitioner company received the apartment unit value and failed to deliver the apartment or refund the money. Now the 3rd respondent and the petitioners have settled the matter amicably and received refund of amount of Rs.22,50,000/- (Rupees Twenty Two Lakhs Fifty Thousand Only) by way of a Demand Draft bearing No.2446 dated 01.12.2023, drawn on Punjab National Bank, in favour of Mr Anil Kumar i.e., Respondent No.3, whereby the dispute in the above detailed FIR has been resolved in its entirety. 3. In view of the above settlement agreement and the observations in Gian Singh v. State of Punjab, it is most prayed that this Hon'ble Court be pleased to allow the writ petition and consequently quash the FIR No.72/2020 filed by the 3rd respondent and before the first respondent Cubbon Park Police Station arraigning the present petitioner as accused - 11 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 Nos.1 to 3 upon a joint memo/affidavit in the interest of justice. Whatever stated above is true and correct to the best of our knowledge, information and belief and we believe them to be true." 4. The joint affidavit in W.P.No.18411/2022 reads as under: "We, 1) M/s. Mantri Developers Pvt. Ltd. Represented by its Authorised Representative Mr. Girish Gupta H.S., aged about 57 years, S/o. Sathyanarayana, having office at C-5, 5/1, Rich Homes, Richmond Road, Richmond Town, Bengaluru - 560025, 2) Mr.Sushil Pandurang Mantri, S/o. Panduranga Mantri, aged about 62 years, residing at No.C-5, 5/1, Rich Homes, Richmond Road, Richmond Town, Bengaluru - 560 025 the petitioner. The 3rdrespondent, Mr. Prasenjit Bhattacharjee, S/o. Pankaj Kumar Bhattacharjee, aged about 59 years, Block CE 100, Sector 1, Lake City North 24 Pranganas West Bengal 700064 (Presently at Bengaluru) do hereby jointly affirm and state the oath as follows: 1. We swear that the present petition is filed by the petitioners seeking quashing of the FIR in Crime - 12 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 No.28/2022 and the complaint dated 12.09.2022 filed by the first respondent Cubbon Park Police Station upon receipt of complaint by the 3rd respondent. Interim order was granted by this Hon'ble Court pending the disposal of main petition, staying all further proceedings in the said crime number. 2. We swear that grievance of the complainant was that the petitioner company received the apartment unit value and failed to deliver the apartment or refund the money. Now the 3rd respondent and the petitioners have entered into a Settlement agreement dated 25.09.2024 seeking cancellation of sale agreement and 3rd respondent has received refund of lump-sum amount towards full and final settlement of Rs.2,00,000/- (Rupees Two Lakhs Only) by way of a Demand Draft vide bearing No.037518 dated 18.09.2024 drawn on Panjab National Bank, Indira Nagar branch, Bengaluru - 560 038. We further state that whereby the disute in the above detailed FIR has been resolved in its entirety. A copy of Settlement Agreement dated 25.09.2024 is herewith produced at Hon'ble Court as Document No.1. A copy of Demand Draft issued to the 3rd respondent is herewith produced as Document No.2. The 3rd respondent acknowledges the receipt of payment of the same. - 13 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 3. In view of the above settlement agreement and the observations in Gian Singh v. State of Punjab, it is most prayed that this Hon'ble Court be pleased to allow the writ petition and consequently quash the FIR in Crime No.28/2022 and the complaint dated 12.09.2022 pending on the file of 1st respondent Cubbon Park Police station arraigning the present petitioner as accused upon a joint memo/affidavit in the interest of justice. Whatever stated above is true and correct to the best of our knowledge, information and belief and we believe them to be true." 5. Learned counsel for respondent No.2 in W.P.No.33488/2019 and respondent No.3 in W.P.Nos.18410/2022 and 18411/2022 specifically stated that, since the dispute is amicably settled in terms as stated in the affidavits, they have no objection to allow the petitions. 6. The joint affidavits and the submissions are placed on record. 7. Heard Sri M.S.Shyam Sundar, learned Senior Advocate for Smt.Vandana P.L., the learned counsel for the - 14 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 petitioners, Smt.Rashmi Jadhav, learned Additional SPP, Smt.Jaithra J. Narayan and Sri Rohit R. Kamath, learned counsels for the respondents. Perused the records. 8. The petitioners and respondent No.2/respondent No.3 admit the contents of the joint affidavits. 9. It is brought to the notice of this Court that similar petitions filed in W.P.No.15240/2021 connected with W.P.No.12911/2022 are also settled and the petitions are allowed vide order dated 19.12.2024. 10. In view of the above, I deem it appropriate to quash the FIRs as the dispute is amicably settled. Accordingly, I pass the following: ORDER (i) The writ petitions are allowed. (ii) The FIR registered in Crime No.144/2019 of Cubbon Park Police Station in W.P.No.33488/2019; the FIR registered in Crime No.72/2020 of Cubbon Park Police Station in W.P.No.18410/2022 and the FIR registered in Crime No.28/2022 of Cubbon Park - 15 - NC: 2025:KHC:805 WP No. 33488 of 2019 C/W WP No. 18410 of 2022 WP No. 18411 of 2022 Police Station in W.P.No.18411/2022, on the file of the learned 4th Additional CMM Court, Bangalore for the offences punishable under Sections 406, 409, 420, 120B read with Section 34 of Indian Penal Code, are hereby quashed. Sd/- (M G UMA) JUDGE SA ct:sr