- 1 - HC-KAR NC: 2025:KHC:22402 CRL.P No. 12929 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12929 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SYED ASADULLA S/O HABIBULA AGED ABOUT 51 YEARS, NO.B-002, ROYAL AKBER TOWER, RAJ PETROL PUMP, JUHAPUR-SARKHEJ HIGHWAY AHMADABAD CITY, JUHAPUR GUJARAT-380055 ADDRESS STATED IN FIR SYED ASADULLA NICE VISTA MANAGER, HAMPAPURA VILLAGE, S R PATNA TALUK, MANDYA DISTRICT. 2. SURYANARAYANA RAJU K, S/O NARASIMHA, NO.41, NANDIDURGA MAIN ROAD, JAYAMAHAL EXTENSION, BENGALURU -46. MANAGING DIRECTOR, BLUE VALLEY PROPERTIES PVT LTD. ADDRESS STATED IN FIR SURYANARAYANA RAJU BLUE VALLEY PROPERTIES MANAGING DIRECTOR HAMPAPURA VILLAGE, S R PATNA TALUK, MANDYA DISTRICT. …PETITIONERS (BY SRI. SAMPATH BAPAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY AREKERE POLICE STATION, MANDYA K.R SAGAR CIRCLE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22402 CRL.P No. 12929 of 2024 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. PETER YOUGREN MOSES, S/O R.DAS MOSSES, AGED ABOUT 30 YEARS, R/O AT NO.439/384/2, VENKATESHWARANAGAR, BANNUR ROAD, ALANAHALLI, MYSURU CITY – 570 028. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 SRI. R. GEORGE LAZARUS, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CRIMINAL COMPLIANT IN CRIME NO.115/2024 FOR AN ALLEGED OFFENCE U/S.403,420,34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.Dn.) AND JMFC COURT AT SRIRANGAPATNA MANDYA DISTRICT. 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, petitioners seek for the following reliefs:- “ Wherefore, the petitioner most respectfully prays that this Hon’ble court may be pleased to quash the Criminal Complaint in Crime No.0115/2024 for an alleged offences under Sections 403, 420 & 34 of Indian Penal Code, Pending on the file of Principal Civil Judge (Jr-Dn) and JMFC Court at Srirangapatna Mandya District, in the interest of justice.” 2. Learned counsel for the petitioners submits that the 1st petitioner has filed an Affidavit of Undertaking dated 25.06.2025 - 3 - HC-KAR NC: 2025:KHC:22402 CRL.P No. 12929 of 2024 that he would undertake to pay a sum of Rs.30 lakhs to the 2nd respondent – complainant within a period of three months from today as indicated in the Affidavit, which reads as under:- UNDERTAKING AFFIDAVIT “1. K.Suryanarayana Raju, 5/o. Narasimha, aged about 60 years, having office at No.41. Nandidurg Main Road, Jayamahal Extension, Bengaluru 560 046, do hereby solemnly affirm and state on oath as follows. 1. I submit that I am the 2 Petitioner in the above case and Managing Director of Blue Valley Properties Pvt. Ltd. I know the facts of the case. The 1st Petitioner is an employee of the company and I am swearing this affidavit for myself and on behalf of the 1st Petitioner. 2. I submit that we have preferred this criminal petition challenging FIR registered before the Hon'ble Principal Civil Judge, Jr. Div JMFC Court, Srirangapatna, Mandya District under Sections 403 and 420 r/w Section 34 of Indian Penal Code, 1860. 3. I submit that the offence alleged are civil in nature and can be attributed to the same. 4. Submit that the 2nd respondent had entered into an agreement of sale purchase of a villa site development by our company. Due to delay in completion of the project, the 2nd respondent backed from purchasing the property and we had agreed to return the advance sale consideration of Rs.32 lakhs. Out of the said Rs. 32 lakhs, - 4 - HC-KAR NC: 2025:KHC:22402 CRL.P No. 12929 of 2024 we had returned a sum of Rs.5 lakhs and balance outstanding is of Rs. 27 lakhs. 5. I submit that on the last date of hearing, it was suggested as a via media that we pay back Rs.30 lakhs within 3 months. 6. I submit that we have agreed to the suggestion and we hereby undertake to pay the said sum of Rs.30 lakhs to the 2nd Respondent within 3 months. 7. I submit that we will abide by the undertaking and make payment on Monthly basis and the 1st installment will be paid on or before 25th July, 2025 And it will be completed on before 3 Months from Today. I DO HEREBY DECLARE THAT THIS IS MY NAME AND SIGNATURE AND THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF AND I BELIEVE THEM TO BE TRUE.” 3. Learned counsel for the 2nd respondent submits that in the event the petitioners do not comply with the terms and conditions of the aforesaid Affidavit, the present petition may be dismissed. The said submission is placed on record. 4. In view of the aforesaid facts and circumstances and the submissions made by both sides, I am of the view that the present petition may be disposed of in view of the Undertaking given by the - 5 - HC-KAR NC: 2025:KHC:22402 CRL.P No. 12929 of 2024 petitioners by quashing the impugned proceedings and directing reporting of the compliance within a period of three months from today. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed and disposed of in terms of the Affidavit of Undertaking dated 25.06.2025. (ii) The further proceedings arising out of Crime No.115/2024 registered by the 1st respondent – Police for the offences punishable under Sections 403, 420 and 34 of IPC, pending on the file of Prl.Civil Judge (Jr.Dn) & JMFC, Srirangapatna, Mandya District, insofar as the petitioners are concerned are hereby quashed, subject to the petitioners complying with the terms and conditions of the aforesaid Affidavit of Undertaking. Re-list on 28.07.2025 at 2.30 p.m. to report settlement. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.