- 1 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8724 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: M.K.K. DURANI ALIAS MOHAMMED KHADHAR KHAN DURANI S/O MOHAMMED SHAUKAT HASSAN KHAN DURANI, AGED ABOUT 61 YEARS, MANAGING DIRECTOR, ND DEVELOPERS PVT. LTD., NO.398, 7TH CROSS, BTM 2ND STAGE, BANGALORE-560 076. R/AT NO.401, 8TH MAIN, 8TH CROSS, MICOLAYOUT, BTM 2ND STAGE, BANGALORE-560 076. …PETITIONER (BY SMT. SUMATHI PAULIN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MICOLAYOUT POLICE BANGALORE-560 076 THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SUJA MARY JOSE W/O ADARSH AUGUSTINE, AGED ABOUT FLAT NO.10, VARSHA APARTMENTS, Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 NO.116, 3RD MAIN ROAD, DEFENCE COLONY, INDIRANAGAR, BANGALORE-560 038. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. M.A.SEBASTIAN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15944/2021 IN CRIME NO.183/2018 BY MICO LAYOUT P.S., U/S 420 OF IPC PENDING AGAINST THE PETITIONER ON THE FILE OF LEARNED VI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 482 Cr.P.C is preferred by the petitioner praying to quash the entire proceedings in CC No.15944/2021 pending on the file of VI ACMM, Bengaluru. 2. Crime No.183/2018 was registered at Mico Layout Police Station against the petitioner for offence under Section 406 and 420 of IPC on a complaint lodged by Suja Mary Jose. On completion of investigation, the - 3 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 police have filed charge sheet for the offence under Section 420 of IPC. 3. An application under Section 359 r/w 528 of BNSS Act is filed signed by the learned counsel for both the parties as well as the petitioner and the General Power of Attorney holder representing respondent No.2. It is stated that the parties have entered into a compromise deed and in view of the same, the proceedings may be quashed. 4. I have perused the compromise deed dated 17.3.2025 accompanying the joint memo, which is reproduced hereunder: COMPROMISE DEED “This Deed of compromise is entered into between Mrs.Suja Mary W/o Adharsh Augustine R/at Flat No.10, Varsha Apartments, No.116, 3rd Main Road, Defence Colony, Indiranagar, Bangalore-560038 currently residing at Indian Polis in USA represented by GPA Holders Shri.Jose Mathew Murickan S/o Mathew N. Murickan, aged 73 years, R/at Flat No.10, Varsha Apartments, No.116, 3rd Main Road, Defence Colony, - 4 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 Indiranagar, Bangalore-560038 herein called the First Party And Shri. MKK Durani alias Mohammed Khadhar Khan Durani S/o Mohammed Shaukat Hassan Khan Durani Managing Director M/s ND Developers No.398, 7th cross, BTM 2nd stage Bangalore-560076 herein called the Second Party on this 17th day of March 2025 at Bangalore. Whereas, the First Party had filed a case against the second Party before the Mico Layout Police, Bangalore, vide Crime No.183/2018 for an offence under Section 420 of the Indian Penal Code. Whereas in the said case chargesheet has been filed vide CC No. 15944/2021 on the file of IX Addl. Chief Metropolitan Magistrate at Bangalore and the same has been stayed by Hon'ble High Court of Karnataka vide Crl. Pet. No. 8724/2023. Whereas the First Party has agreed to compromise the said matter and both the parties have agreed to file a petition under Section 320 of Cr.P.C to compromise the said matter before the Hon'ble High Court. Where as on the advice of well wishers and friends both the parties have decided to arrive at compromise with regard to the said case. Both the parties have herein agreed upon to settle the - 5 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 matter amicably and have decided to file compromise petition before the Hon'ble Court and complete the necessary formalities. That by entering into this compromise deed the parties do not have any claim or complaint against each other. Whereas the said compromise is entered into by the parties on their own free will and not under coercion or force by either of the party or any one representing under them. That the compromise deed is irrevocable”. JOINT MEMO “The counsel for petitioner and respondent No.2 submits that since the respondent No.2 and the petitioner have arrived at settlement by way of compromise deed dated 17/03/2025 the criminal case pending against the petitioner in CC No. 15944/2021 on the file of VI ACMM, Bangalore for an offence under Section 420 of the Indian Penal Code may be kindly quashed in the interest of justice and equity.“ 5. Both the parties have agreed upon to settle the matter amicably and on that basis they have filed compromise petition. - 6 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 6. Learned counsel for respondent No.2/complainant submits that in view of the compromise, the complainant is not willing to prosecute her complaint. 7. In B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered into between the parties. 8. In the light of the above, continuation of the proceedings against the petitioner is a futile exercise and no purpose will be served. Application is allowed. The parties are permitted to compound the offence. Accordingly, the following: ORDER 1. Petition is allowed. - 7 - NC: 2025:KHC:10968 CRL.P No. 8724 of 2023 2. The entire proceedings in CC No.15944/2021 pending before the VI ACMM, Bangalore, arising out of Cr.No.183/2018 of Mico Layout P.S., Bengaluru, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 24 Ct:ar