- 1 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9137 OF 2023 BETWEEN: 1. KAMAL SAGAR AGED ABOUT 54 YEARS S/O SURENDRA KUMAR SAGAR 2. SHIBANAEE SAGAR AGED ABOUT 52 YEARS W/O KAMAL SAGAR BOTH RESIDING AT NO.1, NO.403, FOOTPRINTS , 7TH CROSS, 7TH MAIN, HAL 2ND STAGE , BENGALURU - 560 008. …PETITIONERS (BY SRI. SRIDHAR G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WHITEFIELD POLICE STATION, BANGALORE DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. HARATHI REDDY AGED ABOUT 54 YEARS, AUTHORISED REPRESENTATIVE OF Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 MS. SHOBHA REDDY RESIDING AT NO. W -124, SAVITRI CINEMA ROAD, OPPOSITE BALWANT SCHOOL, GREATER KAILASH PART NO. 02, NEW DELHI - 110 018. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1. QUASH THE CHARGE SHEET IN C.C.NO.26880/2022 FILED BEFORE A.C.J.M BENGALURU RURAL FOR THE OFFENCE P/U/S 409, 420, 406, 34, 120B OF IPC REGISTERED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS PRODUCED AS ANNEXURE-C2 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the charge sheet in C.C.No.26880/2022, pending before the Court of Additional Chief Judicial Magistrate (ACJM) Bengaluru Rural, for offences punishable under Section 409, 420, 406, 34 and 120-B of IPC. 2. Brief facts of the case are that, respondent No.2/complainant desirous of purchasing an apartment in a - 3 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 project developed by these petitioners called "Windmills of your Minds” approached the petitioners to purchase a unit in the project and entered into a sale agreement for purchasing unit No.6152 along with the proportionate undivided share in land for a total sale consideration of Rs.5,20,05,770/- and paid an advance of Rs.4,13,39,860/-. As per the sale agreement, petitioners were supposed to hand over apartment No.6152 on or before 31.10.2014 and if there was any further delay beyond 6 months grace period, respondent No.2 was entitled for compensation at the rate of Rs.5/- per square foot of the salable area per month. 3. Since, there was delay in completing the project, respondent No.2 filed the above complaint, alleging cheating, criminal breach of trust and criminal conspiracy, which was registered in Crime No.529/2019 at White Field Police Station, Bengaluru City, for offences punishable under Section 120-B, 409, 420, 406 read with Section 34 of IPC. 4. It is not in dispute that respondent No.2 filed a complaint before the National Consumer Forum bearing Consumer case No.1547/2019 on 13.08.2019, seeking relief of - 4 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 compensation for delay in handing over the possession of the unit and such other reliefs. Respondent No.2 settled the dispute by entering into a Memorandum of Understanding dated 11.08.2021. 5. It is stated that, in view of the settlement between the parties, respondent No.2 and the petitioners have entered into a compromise and respondent No.2 has withdrawn the Consumer case No.1547/2019 pending before the National Consumer Forum and it was also agreed to withdraw the present complaint, which resulted in initiation of criminal proceedings against the petitioners. 6. Consequent to the Memorandum of Understanding, the National Consumer Commission vide its order dated 10.01.2022 has dismissed the complaint filed by respondent No.2 as withdrawn as per the terms of the Memorandum of Understanding, reserving liberty to parties to file an application for recalling the order in the event any terms of the Memorandum of Understanding were not complied with. 7. Learned counsel for the petitioners has drawn the attention of the Court to annexure F, a letter dated 18.01.2022 - 5 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 addressed to the Station House Officer, White Field Police Station which reads as under: Annexure F: From: Padmaharathi Reddy, Aged about 53 years Authorised representative of Ms.Sobha Reddy. To, THE STATION HOUSE OFFICER WHITEFIELD POLICE STATION ____________ Respected Sir. Subject: Withdrawal of my complaint filed against M/s Total Envirnoment building systems pvt. Ltd ("Total Envirnoment and Mr. Kamal Sagar and Ms. Shibanee Sagar. I write to you in respect to the captioned complaint, which as filed by myself as the authorized representative of Ms. Sobha Reddy under section 406, 409 and 420 read with sections 34 and 120b of the Indian Penal Code 1860. With respect to apartment bearing number 6152 in the "Windmills of your mind" project situated at Whitefield Bangalore. That apart from the criminal complaint a consumer complaint before the National Consumer disputes redressal commission was also filed bearing number CC No.1547 of 2019. That during the pendency of the consumer complaint and present criminal complaint, Ms. Sobha Reddy and the developer i.e., Total Envirnoment Building Systems Private Limited mutually entered into an entered into a memorandum of understanding dated 07.08.2021. Basis the said memorandum of understanding Ms. Sobha Reddy has withdrawn the consumer complaint and accordingly would like to also withdraw the present complaint. Thanking you Yours Sincerely Padmaharathi Reddy - 6 - NC: 2025:KHC:11613 CRL.P No. 9137 of 2023 8. In the light of the above stated facts, no purpose will be served in continuing the criminal proceedings initiated against the petitioners. Petition therefore deserves to be allowed. Accordingly, the following: ORDER i) Petition is allowed. ii) The entire proceedings in C.C.No.26880/2022 pending before the Court of the Additional Chief Judicial Magistrate (ACJM) Bengaluru Rural are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 6 CT: BHK