- 1 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12603 OF 2024 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. MR PRASHANT HAKIM S/O MR. DIGVIJAY HAKIM, AGED ABOUT 42 YEARS, RESIDING AT VATIKA CITY, SOVEREIGN 4, FLAT C4-1203, SECTOR 49, GURGAON, HARYANA - 122 081. (REPRESENTED BY ITS AUTHORISED SIGNATORY MR. BASAVARAJ) 2. MR. RAJU S/O MR. SINDU RAJ AGED ABOUT 43 YEARS, RESIDING AT NO.27/1, 2ND CROSS, VIVEKNAGAR, BENGALURU - 560 047 …PETITIONERS (BY SRI. ANAND MUTTALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CUBBON PARK POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001 2. MR. PRAMOD S/O MR. LAZARUS, AGED MAJOR ADMINISTRATIVE MANAGER, M/S. SQUAREYARDS CONSULTING PRIVATE LIMITED, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 RRMR ROAD, BENGALURU-560 001 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1, SRI. SHARAVANTH ARYA TANDRA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE FIR REGISTERED AGAINST THE PETITIONERS IN CRIME NO.107/2024 PENDING ON THE FILE OF HONBLE 41ST ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioners and respondent No.2 have filed a joint memo along with Lok Adalat report to the effect that the dispute between the parties have ended into a compromise before Lok Adalat on 14.02.2024. 2. Learned counsel for the petitioner-accused persons on instructions as well as learned counsel for respondent No.2 along with respondent No.2 - Pramod, who is physically present, submits that the dispute between the parties have been compromised and the impugned FIR in Crime No.107/2024 on the file of the 41st Additional Chief Metropolitan Magistrate, Bengaluru be quashed. 3. The compromise petition reads as under: - 3 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 Memorandum of Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 The parties herein submit as follows: 1. It is submitted that in the above captioned suit, the Plaintiff has prayed for Permanent Injunction restraining the Defendant from in any manner interfering with the Plaintiff's peaceful possession, enjoyment, usage and for operation of business activities in the Suit Schedule premises; Permanent Injunction restraining the Defendant from forcibly dispossessing the Plaintiff from the Suit Schedule premises; Mandatory Injunction restraining the Defendant from creating encumbrances or third party rights in respect of the Suit Schedule premises till the subsistence of the Service Contract dated 10.06.2021 and Addendum dated 31.03.2022 to the Service Contract is valid and subsisting; to declare that the purported termination by email dated 28.09.2022 and Service Contract dated 10.06.2022 and addendum dated 31.03.2022 and notice dated 13.09.2022 addressed to the Plaintiff by the Defendant are illegal and other consequential reliefs. 2. It is submitted that the Defendant herein subsequently filed a Commercial Original Suit 39/2023 of mandatory injunction restraining the Plaintiff herein from violating the terms of the Service Contract dated 10.06.2021 and addendum dated 31.03.2022; permanent injunction restraining the Plaintiff SES restraining the - 4 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 Plaintiff from enforcing its rights beyond the from allowing more persons than the allocated Seats within the Suit Schedule premises; Permanent injunction Service Contract dated 10.06. 2021 and addendum dated 31.03.2022; Direct the Plaintiff to pay a sum of INR.53,81,307/- (Rupees Fifty- Three Lakh Eighty-One Thousand Three Hundred and Seven only) along with on 18 % per annum from the date of the suit to the date of actual payment. 3. In the intervening period, the parties have arrived at an amicable settlement. Both suits Com.O.S. 1476/2022 and Com.O.S. 39/2023 have been clubbed vide an order dated 23.08.2024 of this Hon'ble Court. 4. The Plaintiff and the Defendant (hereinafter referred to as the "Parties"), in pursuance of a comprehensive settlement of all issues between them, have mutually negotiated a settlement, and entered into a settlement agreement dated 24.10.2024 (the "Settlement Agreement"), the principal terms of which are herein recorded and specifically as per Clause 1.6, the Parties are seeking disposal of the suits Com.O.S. 1476/2022 and Com.O.S. 39/2023 before this Hon'ble Court. A copy of the Settlement Agreement is produced herein as "Annexure-A" to the instant, compromise petition. Further, the police complaint filed against the defendant and/or its representation will be withdrawn bearing no.0107/2024. - 5 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 5. The Settlement Agreement constitutes a full and final settlement between the Parties and the final settlement of the claims and issues between the Parties, as more particularly set forth in the Settlement Agreement. In entering into the Settlement Agreement, the Parties have amicably settled the matter in terms set forth in the Settlement Agreement and are under no coercion or undue influence to do so. Hence, the instant compromise petition is filed before this Hon'ble Court. WHEREFORE, the Parties abovenamed respectfully submit and pray that this Hon'ble Court be pleased to record and accept the compromise between the parties and pass a decree directing the Parties to act in accordance with the terms and conditions of the Settlement Agreement dated 24.10.2024 produced as Annexure A, and pass such other orders as appropriate in the interest of justice and equity.” 4. The Lok Adalat order dated 14.12.2024 passed by the XLI ACJM, Bengaluru reads as under: “BEFORE THE LOK-ADALATH AT BENGALURU Case called before Lok Adalath. Accused No.2 present. His counsel Sri. PPP is present. CW.1 is present. He has been identified by court PC No.19333 of Cubbon Park PS. He has produced the - 6 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 copy of his aadhar card towards his identity. The complainant/CW.1 wish to compromise this case and get the offences compounded and hence, they have filed an application U/Sec.320(2) of Cr.P.C. On being questioned, the complainant stated that, he has voluntarily affixed his signature to the application and he is aware of the of the same. The offences alleged against the accused is U/ Sec. 504, 506 of IPC. The alleged offence are compoundable. As per Sec.320 of Cr.P.C., the victim/affected person can compound and compromise the case. The Complainant being the affected person/victim came forward to compromise this case. By considering the nature of the case, the complainant is permitted to compound the alleged offences. Acting U/Sec. 320 (8) of Cr.P.C, the accused No.2 is acquitted from the charges leveled against him. Accordingly, this case stands closed as compounded.” 5. The aforesaid memo and submissions are placed on record. - 7 - NC: 2025:KHC:261 CRL.P No. 12603 of 2024 6. Accordingly, petition stands allowed. Proceedings in Crime No.107/2024 on the file of 41st Addl. Chief Metropolitan Magistrate, Bengaluru are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 61