- 1 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7003 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: THE DIRECTORS M/S. MANTRI DEVELOPERS PRIVATE LIMITED, REPRESENTED BY ITS AUTHORIZED SIGNATORY, OFFICE AT C-5, NO. 5/1, RICH HOMES, RICHMOND ROAD, RICHMOND TOWN, BENGALURU-560 025. …PETITIONER (BY SRI. HARSHA D JOSHI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CUBBON PARK SUB-DIVISION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. ANKIT REHAN S/O. SRI. MANISH REHAN, AGED ABOUT 48 YEARS, R/AT NO. 9152, PRESTIGE ROYALE GARDENS, YELAHANKA, BENGALURU-560 061. PERMANENT RESIDENT OF A-303, SAHETA APARTMENT, PLOT NO. 30, SEC-4, DWARKA, NEW DELHI-110 075. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 SRI. S. DINESH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF REFERENCE DATED 31.01.2025 PASSED BY THE LEARNED III ADDL.CHIEF JUDICIAL MAGISTRATE, BENGALURU AS AN ANNEXURE-C IN PCR NO.1262/2025 AND Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 CONSEQUENTLY QUASH THE FIR REGISTERED IN CRIME NO.36/2025 BY THE IST RESPONDENT POLICE AND NOW PENDING CONSIDERATION BEFORE THE III ADDL.CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY AGAINST THE PETITIONER HEREIN HAVING BEEN CHARGED WITH THE ALLEGED OFFENCES P/U/S 314, 316, 318 R/W 3(5) OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a) Set aside the order of reference dated: 31.01.2025 passed by the learned III Addl. Chief Judicial Magistrate, Bengaluru as an ANNEXURE-C in PCR No.1262/2025 and consequently quash the FIR registered in Crime No.36/2025 by the 1st Respondent police and now pending consideration before the III Addl. Chief Judicial Magistrate, Bengaluru City against the petitioner herein having been charged with the alleged offences punishable Under Sections 314, 316, 318 R/w 3(5) of Bharatiya Nyaya Sanhita, 2023 to meet the ends of justice. b) Pass such other relief/s that this Hon’ble Court deems fit to pass in the circumstances of the case.” 2. Learned counsel for 2nd respondent – complainant, on instructions, submits that the 2nd respondent has filed an Affidavit - 3 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 reporting amicable settlement between 2nd respondent and petitioner-company. The said Affidavit reads as under:- “I. Mr. Ankit Rehan, S/o Sri Manish Rehan, aged about 32 years, residing at 9152, Prestige Royal Gardens, Yelahanka, Bengaluru – 560 064, do hereby solemnly affirm and state on oath as follows: 1. I swear that the present petition is filed by the Petitioner praying to set aside the order of reference dated; 31.01.2025 passed by the learned III Additional Chief Judicial Magistrate, Bengaluru in PCR No.1262/2025 and consequently quash the FIR registered in Crime No.36/2025 by the Cubbon Park Police Station against the Petitioner & Others. An interim order of stay was granted by this Hon’ble court on further investigation in Crime No. 36/2025 and further proceedings in PCR No.1262/2025 pending on the file of III Additional Chief Judicial Magistrate, Bengaluru dated: 20.05.2025. 2. I swear that my grievance was that the petitioner company has not refunded my money paid towards purchase of unit at “ Mantri Webcity”. Whereas, based on mutual discussion with the petitioner company, we have amicably settled the dispute, and I am ready to receive a sum of Rs.57,00,000/- being paid by me towards full and final settlement of our accounts and I hereby agree to cancel the Agreement of Sale and Agreement of Construction both dated: 02.07.2024 with respect to Unit No. P 1203. I further submit that in view of the amicable settlement I have agreed to withdraw the Complainant filed - 4 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 by me against the Petitioner herein before the Hon’ble Karnataka Real Estate Regulatory Authority, at Bengaluru bearing No.CMP/000430/2025 and to return the original Agreement of Sale and Agreement of Construction both dated: 02.07.2024 with respect to Unit No.P 1203 immediately upon receipt of the aforesaid amount. 3. In view of the above arrangement between the parties herein and the observations in Gian Singh v. State of Punjab, it is most respectfully prayed that this Hon’ble Court be pleased to allow the petition and consequently set aside the order of reference dated: 31.01.2025 passed by the learned III Additional Chief Judicial Magistrate, Bengaluru in PCR No.1262/2025 and quash the FIR registered in Crime No. 36/2025 by the Cubbon Park Police Station against the Petitioners & others in the interest of justice. Whatever stated above is true and correct to the best of my knowledge, information and belief and I believe them to be true.” 3. Learned counsel for 2nd respondent submits that the original sale agreement and construction agreement both dated and 02.07.2024 executed by the petitioner-company in favour of 2nd respondent have been returned / handed over back to the petitioner-company in terms of the amicable settlement, to which the petitioner – company has paid a sum of Rs.57 lakhs to the 2nd - 5 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 respondent towards full and final settlement of the dispute between the petitioner-company and 2nd respondent. Learned counsel for 2nd respondent further submits that the 2nd respondent would execute the cancellation agreement as requested by the petitioner- company as expeditiously as possible and also withdraw the case before the Karnataka Real Estate Regulatory Authority, Bangalore, in terms of the Affidavit filed by him. 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to accept the Affidavit and settlement arrived at between the petitioner-company and 2nd respondent and quash the impugned proceedings. 5. In the result, I pass the following:- ORDER (i) Petition is disposed of in terms of the Affidavit dated 17.06.2025 filed by the 2nd respondent. (ii) The impugned FIR in Crime No.36/2025 registered by the 1st respondent – Police (arising out of PCR No.1262/2025) for the offences punishable under Sections 314, 316, 318 r/w 3(5) of - 6 - HC-KAR NC: 2025:KHC:21586 CRL.P No. 7003 of 2025 BNS, 2023, pending on the file of III Addl.CJM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.