Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2050 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 2061 OF 2025
IN CRL.P No. 2050/2025 BETWEEN:
1. MR AMITH AGARWAL S/O PRAKASH AGARWAL AGED ABOUT 48 YEARS RESIDING AT NGB LUSABAY PLOTNO. 4, VILLAL NO.6 2/570, SINGARAVELAN STRET NEELANKARAI, SHOLINGANALLORE CHENNAI 600 115
2. MS. SIMRAN SURESHCHAND W/O SHRREYANS MEHTA AGED ABOUT 28 YEARS RESIDING AT THENKOTTAI STREET VIRUDHACHALAM TALUK CUDDALORE 606 001
3. MR. ARIHANTH MEHTA S/O SIDDHARTH MEHTA AGED ABOUT 28 YEARS RESIDING AT OLD NO. 157-158/11 NEW NO. 23-241/11 SYDENHAMS ROAD, PERIYAMET PARK TOWN, CHENNAI 600003
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
4. MS. POORNIMA SHENOY W/O NARENDRA SHENOY AGED ABOUT 56 YEARS RESIDING AT NO. 1503 TOWER 2, L AND T RAINTREE BOULEVARD BYATARAYANAPURA HEBBALA ROAD BENGALURU 560 092 …PETITIONERS
(BY SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY CUBBON PARK POLICE STATION KASTURBA ROAD BENGALURU 560 001 REP. BY SPP AT HIGH COURT OF KARNATAKA AT BANGALORE-01
2. TARUN AGARWAL S/O SUNIL AGARWAL AGED AOBUT 36 YEARS RESIDING AT NO. 5-8-49 FATEH SULTAN MANE AGARWAL HOUSE, NAMPALLY HYDERABAD 500 001 …RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1 SRI. ANIRUDH, ADVOCATE FOR SRI. SURAJ R MANJESHWAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO. 160/2024 PENDING ON THE FILE OF III ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, AS PER ANNEXURE-A FILED BY PETITIONER No.1. - 3 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
IN CRL.P No. 2061/2025 BETWEEN:
TARUN AGARWAL S/O SUNIL AGARWAL, AGED ABOUT 35 YEARS, RESIDING AT NO 5-8-49, FATEH SULTAN LANE, AGARWAL HOUSE, NAMPALLY, HYDERABAD- 500 001. …PETITIONER
(BY SRI. ANIRUDH, ADVOCATE FOR SRI. SURAJ R MANJESHWAR., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY CUBBON PARK POLICE STATION KASTURBA ROAD, BANGALORE-560 001 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001
2. MR. AMIT AGARWAL S/O PRAKASH AGARWAL, AGED 48 YEARS, R/AT NGB LUXABAY. PLOT NO. 4, VILLA NO.
6, 2/570, SINGARAVELAN STREET, NEELANKARAI, SHOLLINGANALLORE, CHENNAI- 600 115 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1 SRI. UDAY SHANKAR R MANGESHWAR, ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.194/2024 PENDING ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, FILED BY RESPONDENT NO.2. - 4 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Petitioners in Crl.P.No.2050/2025 seek the following reliefs:
“1. WHEREFORE, the petitioner prays that this Hon’ble Court may be pleased to quash the entire proceedings in Crime No.160/2024 pending on the file of the Hon’ble III Additional Chief Judicial Magistrate at Bengaluru including the FIR and Complaint registered by the respondent No.2 with Respondent No.1 Cubbon Park police station for the offences punishable U/s 3(5), 316(2), 318(4), 336(2), 336(3), 340(2) and 61 of the Bharatiya Nyaya Sanhita, 2023 produced as Annexure C and A.
2. Grant such other reliefs as this Hon’ble Court deems fit, in the circumstances of the case and in the interest of justice.”
Petitioner in Crl.P.No.2061/2025 seeks the following reliefs:
- 5 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
““1. WHEREFORE, the petitioner prays that this Hon’ble Court may be pleased to quash the entire proceedings in Crime No.194/2024 pending on the file of the Hon’ble III Additional Chief Metropolitan Magistrate at Bengaluru including the FIR and Complaint registered by the respondent No.2 with Respondent No.1 Cubbon Park police station for the offences punishable U/s 3(5), 316(2), 318(4), of the Bharatiya Nyaya Sanhita, 2023 produced as Annexure A and C.
2. Grant such other reliefs as this Hon’ble Court deems fit, in the circumstances of the case and in the interest of justice.”
2. In view of the similar facts in both the petitions, they are taken up together for disposal under this common
order.
3. Heard the learned counsel for the petitioners and learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 and perused the material on record in both the petitions.
- 6 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
4. A perusal of the material on record will indicate that respondent No.2-complainant lodged the impugned complaint on 03.09.2024 against the petitioners for alleged offences under Section 3(5), 316(2), 318(4), 336(2), 336(3), 340(2) and 6 of the Bharatiya Nyaya Sanhita, 2023 at Annexure –A. The said complaint was registered as FIR in Crime No.160/2024 which is pending before the III Additional Chief Judicial Magistrate, Bengaluru.
5. Meanwhile, respondent No.1 also filed a complaint against respondent No.2 dated 07.11.2024 which was registered as FIR No.194/2024. Subsequently, the petitioners and respondent No.2 entered into a settlement agreement dated 24.01.2025 which is produced as Annexure –B to the petition.
6. In view of the aforesaid facts and circumstances and settlement arrived between the petitioners and respondent No.2, I deem it just and proper to dispose of the petitions by quashing the proceedings in both Crime
- 7 -
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
No.160/2024 as well as Crime No.194/2024 pending between the parties.
7. Accordingly, I pass the following
ORDER (i) Petitions are hereby disposed of in terms of the settlement agreement at Annexure ‘B’ dated 24.01.2025 entered into between the parties. (ii) The impugned proceedings in Crime No.160/2024 and Crime No.194/2024, pending on the file of III Additional Chief Judicial Magistrate, Bengaluru, are hereby quashed in terms of the settlement agreement at Annexure ‘B’ dated 24.01.2025 entered into between the parties.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BVK List No.: 1 Sl No.: 23