- 1 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10912 OF 2023 BETWEEN: 1. M/S CLEAN SOLAR POWER (TUMKUR) PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT UNIT NO.201, GROUND FLOOR, OKHLA INDUSTRIAL ESTATE, PHASE III, NEW DELHI - 110 020. (WRONGLY SHOWN IN THE COMPLAINT AS M/S CELAN SOLAR POWER (TUMKUR) PVT. LTD., AND ADDRESS IS SHOWN AS UNIT NO.212), REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. NITESH KUMAR NATH. 2. MR. SRIVATSAN SRINIVAS IYER, S/O MRITHINJAYAN SRINIVASAN, AGED ABOUT 56 YEARS, GLOBAL CHIEF EXECUTIVE OFFICER OF HERO FUTURE ENERGIES GROUP, HAVING ITS REGISTERED OFFICE AT UNIT NO.201, GROUND FLOOR, OKHLA INDUSTRIAL ESTATE, PHASE III, NEW DELHI - 110 020. (WRONGLY SHOWN AS MR. SRIVATSAN IYER IN THE COMPLAINT, AND ADDRESS SHOWN AS GLOBAL CEO HERO FUTURE ENGINEERS, A SUBSIDIARY OF CLEAN SOLAR POWER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 (TUMAKURU) PVT LTD.,) 3. MR. NITESH KUMAR NATH, S/O LATE DR. DINA NATH, AGED ABOUT 51 YEARS, R/O NO.1003, BLOCK F, PRATEEK STYLOME, SECTOR 45, NOIDA, GAUTAM BUDDHA NAGAR, UTTAR PRADESH - 201 303, SENIOR VICE PRESIDENT FOR PROJECTS, LAND AND CPC OF HERO FUTURE ENERGIES GROUP), (WRONGLY SHOWN AS MR. HITESH NATH IN THE COMPLAINT AND ADDRESS SHOWN AS HEAD OF LAND ACQUISITION) 4. MR. BASAVALINGAIAH M.S, S/O SHIVAMURTHAIAH M V, AGED ABOUT 38 YEARS, R/O VEERABHADRESHWARA NILAYA, MALAPPANAHATTI ROAD, NEAR YALLAMMA TEMPLE, THIPPAREDDY NAGARA, CHITRADURGA - 577 501, (WRONGLY SHOWN AS MR. BASAVARAJ IN THE COMPLAINT AND ADDRESS SHOWN AS LAND ACQUISITION OFFICER, FOR KARNATAKA PROJECTS) …PETITIONERS (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, VIDYARANYAPURA POLICE STATION, - 3 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. PRASAD @ SHIVAPRASAD, S/O NOT STATED IN THE COMPLAINT, AGED ABOUT 55 YEARS, PROPRIETOR, M/S LAND BANK INDIA, NO.35A, 2ND CROSS, KN VILLAS, RAMACHANDRAPURA, VIDYARANYAPURA POST, BENGALURU - 560 097. …RESPONDENTS (BY SRI. VINAY MAHADEAIAH, HCGP FOR R1; SRI. MANJUNATH B.R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) QUASH THE COMPLAINT BEARING PCR.NO.4827/2023 PREFERRED BY THE RESPONDENT NO.2 ON THE FILE OF XLI ADDL.C.M.M., BENGALURU (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- "a. Quash the Complaint bearing PCR No.4827/2023 preferred by the Respondent No.2 on the file of the Hon'ble XLI Addl.Chief - 4 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 Metropolitan Magistrate, Bengalruru (Annexur- A). b. Set aside the order dated 02.06.2023 in complaint PCR No.4827/2023 passed by the Hon'ble 41st Addl. CM Magistrate Court in matter bearing PCR No.4827/2023 (Annexure- B). c. Quash the FIR bearing No.313/2023 registered by the Respondent No.1 Vidyaranyapura Police station; wherein, the petitioners herein are arraigned as Accused No.1 to 4 herein for the alleged offences under Section 420 r/w Section 34 of IPC pending on the file of XLI ACMM, Bangalore (Annexure-C). d. Pass any order/s as deems fit to this Hon'ble Court in the interest of justice." 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for respondent No.2 – complainant have filed a compromise application along with an affidavit duly signed by the petitioners and 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners - accused Nos.1 to 4 and their counsel and respondent No.2 are physically present before the Court and they admit the contents of the compromise application. The affidavit filed in support of the compromise application, reads as under:- "We, Ritesh Parashar, Authorized Representative of M/s Clean Solar Power (Tumkur) Pvt. Ltd., Having its registered office at Unit No. 201, Ground Floor, Okhla Industrial Estate, - 5 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 Phase III, New Delhi - 110 020 (hereinafter referred to as Deponent No. 1) AND Prasad @ Shivaprasad, S/o Not stated in the complaint, Aged about 55 Years, Proprietor, M/s Land Bank India, No. 35A, 2nd Cross, KN Villas, Ramachandrapura, Vidyaranyapura Post, Bengaluru 560 097 (hereinafter referred to as Deponent No. 2) do hereby solemnly state and affirm as under: 1. We state that the Deponent No. 1 is the authorized representative of the Petitioner No. 1 Company and the Petitioner No. 2 to 4 herein are all employee / former employees of the Petitioner No. 1 Company and hence authorized representative of the Petitioner No. 1 Company who had entered into a compromise with the Respondent No. 2 vide settlement deed dated15.01.2025, is authorized to depose to the present Affidavit and further to enter into compromise with the Respondent No. 2, as the Petitioner No. 2 to 4 herein have been arraigned as Accused in the said FIR bearing No. 313/2024 registered with the Respondent No. 1 Police on the basis of them occupying various designations in the Petitioner No. 1 Company. 2. We state that, the Respondent No. 2 and the Petitioner No. 1 company had both entered into an agreement for procurement of land, which was to be facilitated by the former. 3. We state that, as a dispute arose out of the said agreement, the Respondent No. 2 had preferred complaint bearing PCR No. 4827/2023 before the Hon'ble Chief Metropolitan Magistrate, Bengaluru alleging certain criminal malafides on part of the Petitioner No. 1 Company and also on part of the petitioner Nos. 2 to 4, who were / are the employees of the Petitioner No. 1 Company. 4. We state that such complaint preferred by the Respondent No. 2 came to be referred for investigation under Section 156(3) of the Cr.P.C by the Hon'ble Chief Metropolitan Magistrate, Bengaluru - 6 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 vide order dated 03.06.2023; which had consequently given rise to registration of FIR bearing No. 313/2023 registered with the Respondent No. 1 Police. 5. We state that, the aforementioned actions were the root cause for the Petitioner No. 1 to 4 preferring the present Petition seeking relief as stated as therein. 6. We state that during the course of the present proceedings, the Petitioner No. 1 Company had bilateral talks with the Respondent No. 2 and had entered into a compromise vide settlement deed dated 15.01.2025. The copy of the same is enclosed and marked as ANNEXURE S1. 7. We state that, apart from the aforementioned commercial transaction as stated vide AnnexureS1, the Petitioner No. 1 and the Respondent No. 2 have no pending commercial transaction / receivables / obligations between each other whatsoever. 8. We state that, in furtherance to the aforementioned consensus as stated vide Annexure S1, the Respondent No. 2 has, in free will agreed to express his No Objection for the accompanying application to be allowed along with the present Petition. 9. We state that the present affidavit is being preferred by the Petitioner No. 1 and the Respondent No. 2 without any coercion, undue influence, misrepresentation, fraud etc. WHEREFORE, it is prayed that, this Hon'ble Court be pleased to allow the accompanying application in the best interest of justice." 4. In view of the aforesaid compromise entered into between the petitioners and respondent No.2, I pass the following: - 7 - NC: 2025:KHC:2809 CRL.P No. 10912 of 2023 ORDER (i) The petition is disposed of in terms of compromise entered between the petitioners and respondent No.2 dated 23.01.2025. (ii) The Complaint / FIR in Crime No.313/2023 dated 06.10.20223 of Vidyaranyapura Police Station registered for an offence punishable under Section 420 read with Section 34 of IPC pending on the file of XLI Addl. Chief Metropolitan Magistrate, Bengaluru in relation to the petitioners - accused Nos.1 to 4, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 14 CT: BHK