- 1 - NC: 2025:KHC:1920 CRL.P No. 10080 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10080 OF 2023 BETWEEN: SMT. PREETHI AGED ABOUT 39 YEARS, W/O. BASAVARAJ B., NO. 8, MPM LAYOUT, 1ST MAIN, 2ND CROSS, MALLATAHALLI, OPP MORE SUPER MARKET, NAGARABHAVI, BENGALURU-560 056. …PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE) AND: 1. STATE BY ANNAPOORNESHWARI, NAGAR POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SRI. NAGASHETTY AGED ABOUT 68 YEARS, S/O SHIVALINGAPPA GANDGE, SRI. VEERABHADRESHWARA, NILAYA, NO. 6/1, MPM LAYOUT, 1ST MAIN, 2ND CROSS, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1920 CRL.P No. 10080 of 2023 MALLATAHALLI, OPP. MORE SUPER MARKET, NAGARABHAVI, BENGALURU-560 056. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1; SRI. SURESH I MUGALAKKI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.58/2023 REGISTERED BY THE 1ST RESPONDENT POLICE (ANNAPOORNESHWARI P.S) PENDING ON THE FILE OF THE V A.C.M.M BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 441,442,451 OF IPC 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, the petitioner seeks for quashing the FIR In Cr.No.0058/2023 registered by respondent No.1-Police pending on the file of V Addl. Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Sections 441, 442 and 451 of IPC. 2. Heard the learned counsel for the parties and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the petitioner was a lessee - 3 - NC: 2025:KHC:1920 CRL.P No. 10080 of 2023 under respondent No.2 – defacto complainant in relation to the subject premises in respect of which civil proceedings for eviction were filed in O.S.No.6613/2022 by respondent No.2 against the petitioner which was decreed in favour of respondent No.2 vide judgment and decree dated 01.10.2024 by the Civil Court. Aggrieved by the same, the petitioner preferred an appeal in RFA No.2896/2024 before this Court in which a joint memo of compromise dated 16.01.2025 was filed culminating in a compromise decree passed by this Court. 4. It is submitted by learned counsel for the petitioner that the petitioner would file an affidavit that he would not interfere with the possession or enjoyment of one room retained by the respondent No.2 in the subject premises and in the light of the compromise/settlement entered into between the petitioner and respondents, the impugned proceedings deserve to be quashed. 5. Per contra, learned counsel for respondent No.2 as well as Additional SPP jointly submit that in the light of compromise/settlement entered into between the petitioner and respondent No.2 in RFA No.2896/2024 dated 16.01.2025, the - 4 - NC: 2025:KHC:1920 CRL.P No. 10080 of 2023 impugned proceedings may be quashed by issuing certain directions. 6. In view of aforesaid facts and circumstances and the compromise/settlement entered into between the petitioner and respondent No.2 in RFA No.2896/2024 dated 16.01.2025, I am of the view that the impugned proceedings deserve to be quashed by imposing certain directions. 7. In the result, I pass the following: ORDER i. The criminal petition is hereby allowed. ii. The impugned proceedings pursuant to FIR in Crime No.0058/2023 registered by respondent No.1-Police on the file of V Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 441, 442 and 451 of IPC, are hereby quashed. iii. The petitioner is directed to file an affidavit of undertaking that he will not interfere with the possession or enjoyment of one room in the - 5 - NC: 2025:KHC:1920 CRL.P No. 10080 of 2023 subject premises which was undisputedly retained by respondent No.2 in any manner, whatsoever. iv. The said affidavit filed by the petitioner will also undertake that the petitioner will comply with the terms and conditions of the joint memo filed in RFA No.2896/2024 between the petitioner and respondent No.2 which was compromised before this Court vide compromise decree dated 16.01.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA/MDS List No.: 1 Sl No.: 17