- 1 - NC: 2025:KHC:13163 WP No. 11818 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS. JUSTICE M. G. UMA WRIT PETITION NO.11818 OF 2022 (GM-RES) BETWEEN: SRI NITIN KANJI SHAH S/O. LATE KANJI DEVSHI SHAH, AGED ABOUT 55 YEARS, RESIDING AT NO.7, KUNAL 1ST FLOOR, UPPER PIPE LINE ROAD, KUMARA PARK WEST, BENGALURU-560020. …PETITIONER (BY SRI MAHESH S. ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIRAMPURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. ALKESH V.SHAH S/O. VINOD K.SHAH, AGED ABOUT 39 YEARS, OFFICE AT SHALIMAR AGARBATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560021. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1; SMT.KARISHMA NAGANUR, ADV. FOR SRI POPAT PRASHANTH DHARMASINH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ENTIRE PROCEEDINGS IN CC.NO.27072/2017 REGISTERED BY THE 1ST RESPONDENT SRIRAMPURAM POLICE STATION PENDING BEFORE THE 39TH ACMM, BENGALURU, FOR OFFENCES PUNISHABLE UNDER SECTION 323, 504 AND 427 OF IPC, VIDE ANNEXURE-D AS AGAINST PETITIONER AND ETC., Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC:13163 WP No. 11818 of 2022 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner and respondent No.2 have filed a joint memorandum of settlement and submitted that the parties have settled the dispute amicably and petition may be allowed in terms of the joint memo. 2. The joint memorandum of settlement singed by petitioner, respondent No.2 and their respective counsels, reads as under: “JOINT MEMORANDUM OF SETTLEMENT The Petitioners and the 2nd Respondent humbly submit as follows: 1. The above Petition arises out of a Complaint registered by the First Informant/2nd Respondent. Pursuant to the Complaint, the 1st Respondent Police have registered a case in Crime/FIR No.182/2017, for the offences punishable under sections 323, 427 and 504 of Indian Penal Code, 1860 and proceedings are presently pending on the file of the XXXII Additional Judicial Magistrate, - 3 - NC: 2025:KHC:13163 WP No. 11818 of 2022 Bengaluru against the Petitioners in C.C.No.27072/2017. 2. The petitioner and the 2nd Respondent herein are relatives and have amicably resolved their disputes in C.C.No.27071/2017. The 2nd Respondent unequivocally consents not to prosecute the Petitioners in the criminal proceedings in C.C.No.30087/2017 in view of the settlement between the Petitioners and 2nd Respondent. The 2nd Respondent has no objection for quashing this proceeding and to give quietus to this criminal case. 3. The Petitioner and 2nd Respondent are agitating the partnership disputes in Arbitration before Sole Arbitrator arising out of C.M.P.No.246/2017 and the amicable settlement herein has on the arbitration proceedings or other proceedings pending before other forums. This is without prejudice to all contentions and claims in other proceedings. 4. In view of the voluntary nature of the compromise between the Parties to the above Petition in view of their relationship and considering the future of the Petitioners, 2ndRespondent has consented to quash this proceeding. 5. The Parties have entered into this Joint Memorandum of Settlement voluntarily, without any coercion or undue influence. - 4 - NC: 2025:KHC:13163 WP No. 11818 of 2022 It is therefore prayed, in view of the aforesaid settlement of disputes between the Petitioners and the 2nd Respondent, that this Hon'ble High Court be pleased to quash the entire proceedings in C.C.No.27072/2017, for the offences punishable under Sections 427, 504, and 323 of the Indian Penal Code, 1860 pending on the file of XXXII ACMM, Bengaluru in the interest of justice and equity and in view of the compromise between the parties.” 3. Respondent No.2 – Mr. Respondent No.2 – Mr. Alkesh Vinod Shah is appeared through video conference and he is identified by his counsel Smt. Karishma Naganur. Respondent No.2, on enquiry, submitted that the dispute between the parties is amicably settled and that he has no objection to quash the criminal proceedings initiated on the basis of the first information. 4. Satisfied with the terms of compromise for which respondent No.2 voluntarily agreed and consensual to quash the criminal proceedings. The joint memorandum of settlement and the submission of respondent No.2 are placed on record. - 5 - NC: 2025:KHC:13163 WP No. 11818 of 2022 5. In view of the above, terms of the memorandum of settlement are accepted and the petition is liable to be allowed. Accordingly I proceed to pass the following : ORDER (i) The writ petition is allowed. (ii) The entire criminal proceedings initiated against the petitioner in C.C No.27072/2017 on the file of XXXII ACMM, Bengaluru for the offences punishable under Sections 427, 504 and 323 of IPC are hereby quashed. Sd/- (M G UMA) JUDGE EM: CT: UMD. List No.: 19 Sl No.: 1.5