- 1 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12910 OF 2024 (GM-RES) C/W CRIMINAL PETITION NO. 5880 OF 2024 IN WP No. 12910/2024 BETWEEN: SRI SIDDHARATH GOENKA, SON OF LATE SHIV SHANKAR GOENKA, AGED ABOUT 38 YEARS, NO. 731, 17TH CROSS, 24TH MAIN, 6TH PHASE, J. P. NAGAR, BENGALURU - 560 078. …PETITIONER (BY SRI. MADHUKAR DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY J. P. NAGAR POLICE STATION, BENGALURU - 560 078 RERPESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001 2. SRI. KUMAR DHAHIYA, SON OF JILUBHAI RATANSINH DAHIYA, AGED ABOUT 45 YEARS, R/AT NO. 708, RAJ PARADISE APARTMENT, RENKA COLONY ROAD, BELEKAHALLI, BENGALURU - 560 076. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. MADESH V.M., ADV. FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF THE CR.PC. PRAYING TO QUASH THE NOTICE DATED 03.05.2024 IN NCR NO. 31/2024 (ANNEXURE-A) ISSUED BY THE RESPONDENT NO.1 AND ALL THE PROCEEDINGS PURSUANT TO THE AFORESAID NOTICE DATED 03.05.2024 (ANNEXURE-A). IN CRL.P NO. 5880/2024 BETWEEN: SRI SIDDHARATH GOENKA, SON OF LATE SHIV SHANKAR GOENKA, AGED ABOUT 38 YEARS, FLAT NO. 206, PRESTIGE ACROPOLIS APARTMENT, KORAMANGALA, HOSUR ROAD, BENGLAURU - 560 029. ...PETITIONER (BY SRI. MADHUKAR DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY J. P. NAGAR POLICE STATION, BENGALURU - 560 078. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SRI. KUMAR DHAHIYA, SON OF JILUBHAI RATANSINH DAHIYA, AGED ABOUT 45 YEARS, R/AT NO. 708, RAJ PARADISE APARTMENT, RENKA COLONY ROAD, BELEKAHALLI BENGALURU - 560 076. ...RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. MADESH V.M., ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.0139/2024 (ANNEXURE-A) DATED 25.05.2024 REGISTERED BY THE - 3 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 RESPONDENT NO.1 POLICE I.E., J.P. NAGAR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 465, 420, 504 AND 506 OF THE IPC, 1860, PENDING BEFORE THE 2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR COMMON ORAL ORDER In Crl.P.No.12910/2024, petitioner has sought for the following relief:- “(i) Issue of writ of certiorari or any other writ or quash the notice dated 03.05.2024 in NCR No.31/2024 (Annexure – A) issued by the Respondent No.1 and all the proceedings pursuant to the aforesaid notice dated 03.05.2024 (Annexure-A) in the interest of justice. (ii) Pass such other order as this court deems fit to grant in the facts and circumstances of the case.” 2. In Crl.P.No.5880/2024, petitioner has sought for the following relief:- “(i) Quash the FIR in Crime No.139/2024 (Annexure-A) dated 25.05.2024 registered by respondent No.1 Police i.e., J.P.Nagar Police Station for the offences punishable under Sections 465, 420, 504 and 506 of Indian Penal Code, 1860, pending before the - 4 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 2nd Additional Chief Metropolitan Magistrate Court, Bengaluru in the interest of justice; and ii) Quash the complaint dated 24.05.2024 (Annexure-B) lodged by the Respondent No.2 before the Respondent No.1. iii) Pass any other order as this Honourable Court may deem fit and proper in the facts and circumstances of the case in the ends of justice.” 2. In both the petitions, learned counsel for respondent No.2 – complainant has filed an Affidavit dated 25.02.2025 duly signed by respondent No.2 and his counsel and the same is taken on record. 3. In both the petitions, petitioner – accused, respondent No.2-complainant are physically present along with their respective counsel, before the Court and they admit the contents of the aforesaid Affidavit, which reads as under:- “AFFIDAVIT FILED BY THE RESPONDENT NO. 2 I, Kumar Jilubhai Dahiya, S/o. Jilubhai Ratan Singh Dahiya, No. 708, Raj Paradise, Bilekahalli, Bangalore - 560 076, do hereby affirm on oath as under: 1. I am the Respondent No. 2 in the above matter. I am well conversant with the facts and circumstances of the - 5 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 above case and able to depose the matters pertaining thereto. 2. The Petitioner has filed the above petition seeking to quash the notice dated 03.05.2024 in N.C.R. No. 31/2024 (Annexure-A) issued by the Respondent No. 1 Police i.e., J.P. Nagar Police Station and all the proceedings pursuant to the notice dated 03.05.2024 in N.C.R. No. 31/2024 (Annexure-A) issued by the Respondent No. 1 Police i.e., J.P. Nagar Police Station. 3. The notice dated 03.05.2024 in N.C.R. No. 31/2024 (Annexure-A) was issued to the Petitioner by the Respondent No. 1 Police on the basis of the complaint lodged by me against the Petitioner. After the lodging of the complaint, I personally approached the Petitioner and discussed about the dispute between us amicably. After certain negotiations, I and the Petitioner are exploring the possibilities of settlement. Subsequent to the filing of the complaint, I have instituted a suit in O.S. No. 3526/2024 and the same is pending before the Hon'ble City Civil and Sessions Court, Bangalore (CCH-30). 4. In furtherance to the said amicable settlement, I have submitted the letters dated 20.02.2025 and 21.02.2025 to the J.P. Nagar Police Station, Bangalore and letter dated 21.02.2025 to the Commissioner of Police, Bangalore withdrawing the complaints filed by me against the Petitioner. Copy of the letters dated 20.02.2025 and 21.02.2025 to the J.P. Nagar Police Station, Bangalore and letter dated - 6 - NC: 2025:KHC:8595 WP No. 12910 of 2024 C/W CRL.P No. 5880 of 2024 21.02.2025 to the Commissioner of Police, Bangalore are produced along with affidavit. 5. In the light of the aforesaid, I request this Hon'ble Court to kindly consider this affidavit and be pleased to allow the above petition in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of the Affidavit dated 25.02.2025. (ii) In Crl.P.No.12910/2024, the impugned notice dated 03.05.2024 in NCR No.31/2024 (Annexure-A) issued by respondent No.1 and all further proceedings thereto, in so far as the petitioner is concerned are hereby quashed. (iii) The impugned proceedings in Crime No.139/2024 of 1st respondent – Police registered for the offences punishable under Sections 465, 420, 504 and 506 of IPC, pending on the file of 2nd Additional Chief Metropolitan Magistrate Court, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 4 Sl No.: 15