- 1 - NC: 2025:KHC:13162 CRL.P No. 7710 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 CRIMINAL PETITION NO.7710 OF 2022 [482(Cr.PC)/528(BNSS)] BETWEEN: 1. MR. VINOD KANJI SHAH SON OF LATE KANJI DEVSHI SHAH, AGED ABOUT 66 YEARS, PARTNER OF SHALIMAR AGARBATTI CO., RESIDING AT NO.7, KUNAL HOUSE UPPER PIPELINE ROAD, KUMARAPARK WEST, BENGALURU-560020. 2. MR. ALKESH V.SHAH S/O. MR. VINOD KANJI SHAH, AGED ABOUT 39 YEARS, PARTNER OF SHALIMAR AGARBATTI CO., RESIDING AT NO.5, KALPAVRUKSH HOMES, 1ST FLOOR, 1ST MAIN, UPPER PIPELINE ROAD, KUMARAPARK WEST-560020. 3. MR. RAJU S/O. MR. SOMSHEKHAR, AGED ABOUT 30 YEARS, SHALIMAR AGARBATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560021. 4. MR. SHARAVANA R. S/O. LATE RAMASWAMY, SHALIMAR AGARBATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560021. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC:13162 CRL.P No. 7710 of 2022 5. MR. HARSHAN S/O. LATE NAGESH, AGED ABOUT 29 YEARS, SHALIMAR AGARBATTI CO., NO.32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560021. …PETITIONERS (BY SMT.KARISHMA NAGANUR, ADV. FOR SHRI POPAT PRASHANT DHARMASINH, ADV.) AND: 1. STATE OF KARNATAKA, BY SRIRAMPURA POLICE STATION, BENGALURU. 2. MR. NITIN K.SHAH S/O. LATE KANJI DEVSHI SHAH, AGED ABOUT 56 YEARS, RESIDING AT NO.7, KUNAL HOUSE, UPPER PIPELINE ROAD, KUMARAPARK WEST, BENGALURU-560020. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP, FOR R1; SHRI MAHESH S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., 1973, PRAYING TO PASS AN ORDER QUASHING THE COMPLAINT DATED 26.07.2017 (ANNEXURE-‘A’), THE FIR NO.165/2017 (ANNEXURE-‘B’) CHARGE SHEET DATED 06.09.2018 (ANNEXURE-‘C’) AND ORDER DATED 24.02.2018 PASSED BY THE VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (ANNEXURE-‘D’) AND ALL SUCH PROCEEDINGS ARISING THEREUNDER AND ETC., THIS CRIMINAL PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13162 CRL.P No. 7710 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 petitioner Nos.1 and 2, 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 pursuant to a Complaint registered by the Informant/2nd Respondent. Proceeding on the Complaint, the 1st Respondent Police have registered a case in Crime/FIR No. 165/2017, for the offences punishable under sections 109, 143, 144, 341, 323 and 506 R/w 149 of Indian Penal Code, 1860 and the proceedings are presently pending on the file of - 4 - NC: 2025:KHC:13162 CRL.P No. 7710 of 2022 the XXXII Additional Judicial Magistrate, against the Petitioners in C.C No 5292/2018. 2. The 1st and 2nd Petitioners and the 2nd Respondent herein are relatives and have amicably resolved their disputes with respect to the criminal proceeding in C.C.No.5292/2018. The 2nd Respondent unequivocally consents not to prosecute the Petitioners in the criminal proceedings in C.C.No.5292/2018 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 and 2nd Petitioners and 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 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, 2nd Respondent has consented to quash this proceeding. - 5 - NC: 2025:KHC:13162 CRL.P No. 7710 of 2022 5. The Parties have entered into this Joint Memorandum of Settlement voluntarily, without any coercion or undue influence. 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.5292/2018, for the offences punishable under Sections 109, 143, 144, 341, 323 & 506 R/w 149 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, Shri Nitin K. Shah is present before the Court physically and he is identified by his counsel Shri Ganapati M. Bhat. 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 - 6 - NC: 2025:KHC:13162 CRL.P No. 7710 of 2022 of settlement and the submission of respondent No.2 are placed on record. 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 criminal petition is allowed. (ii) The entire criminal proceedings initiated against the petitioners in C.C.No.5292/2018 on the file of XXXII Additional CMM Court, Bangalore, for the offences punishable under Sections 109, 143, 144, 341, 323 and 506 read with Section 149 of IPC, are hereby quashed. Sd/- (M G UMA) JUDGE EM: CT: UMD List No.: 19 Sl No.: 1.1