- 1 - NC: 2025:KHC:13160 WP No. 11756 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.11756 OF 2022 (GM-RES) BETWEEN: 1. SRI NITIN KANJI SHAH S/O. LATE. KANJI DEVSHI SHAH, AGED ABOUT 55 YEARS. 2. SMT. SAVITA N.SHAH W/O. NITIN KANJI SHAH, AGED ABOUT 51 YEARS. BOTH PETITIONERS RESIDING AT NO.7, KUNAL, 1ST FLOOR, UPPER PIPE LINE ROAD, KUMARA PARK WEST, BENGALURU-560 020. …PETITIONERS (BY SRI MAHESH S. ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIRAMPURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC:13160 WP No. 11756 of 2022 2. DIGNA ALKESH SHAH, AGED ABOUT 31 YEARS, W/O. ALKESH V SHAH, OFFICE AT SHALIMAR AGARABATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560 021, ALSO AT NO.7, KUNAL, UPPER PIPE LINE ROAD, KUMAR PARK WEST, BENGALURU-560 020. …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 CONSTITUTION OF INDIA R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ENTIRE PROCEEDINGS IN C.C.NO.27071/2017 REGISTERED BY THE 1ST RESPONDENT SRIRAMPURAM POLICE STATION PENDING BEFORE THE 39TH ACMM, BENGALURU, FOR OFFENCES PUNISHABLE UNDER SECTIONS 341, 504, 506 R/W 34 OF IPC, VIDE ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13160 WP No. 11756 of 2022 CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners 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 petitioners, 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. 172/2017, for the offences punishable under sections 341, 504, 506 and 34 IPC and proceedings are presently pending on the file of the XXXII Additional Judicial Magistrate, against the Petitioners in C.C No.27071/2017. - 4 - NC: 2025:KHC:13160 WP No. 11756 of 2022 2. The 1st to 3rd Petitioners and the 2nd Respondent herein are relatives and have amicably resolved their disputes with respect to the criminal proceeding in in Crime C.C.No.27071/2017. The 2nd Respondent unequivocally consents not to prosecute the Petitioners in the criminal proceedings in C.C No.27071/2017 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 1st petitioner and the husband of the 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 no bearing on the arbitration proceedings or other proceedings. 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, 2nd Respondent has consented to quash this proceeding. 5. The Parties have entered into this Joint Memorandum of Settlement voluntarily, without any coercion or undue influence. - 5 - NC: 2025:KHC:13160 WP No. 11756 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.27071/2017, for the offences punishable under Sections 341, 504, 506 and 34 of 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 – Ms. Digna Alkesh Shah is appeared through video conference and she is identified by her 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. - 6 - NC: 2025:KHC:13160 WP No. 11756 of 2022 5. In view of the above, the 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 petitioners in C.C No.27071/2017 on the file of XXXII ACMM, Bengaluru for the offences punishable under Sections 341, 504, 506 and 34 of IPC are hereby quashed. Sd/- (M G UMA) JUDGE EM: CT: UMD List No.: 19 Sl No.:1.4