- 1 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8542 OF 2019 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 1411 OF 2020 IN CRL.P No. 8542/2019 BETWEEN: 1. SRI NITESH SHETTY AGED ABOUT 42 YEARS, MANAGING DIRECTOR/CHAIRMAN, NEL HOLDINGS LIMITED, HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, NO.8, M G ROAD, BANGALORE-560001. 2. SRI. LALGUDI SAPTHARISHI VAIDYANATHAN AGED ABOUT 56 YEARS, (DIRECTORS OF M/S NITESH HOUSING DEVELOPERS LIMITED) HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, NO.8, M G ROAD, BANGALORE-560001. 3. SRI. PONNIMADA CHANGAPPA ASHOK AGED ABOUT 62 YEARS, DIRECTOR OF M/S. ORANGE SELF STORAGE PRIVATE LIMITED, HAVING OFFICE AT NO.33/01, 23/A02, IMPERIAL COURT, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 CUNNINGHAM ROAD, BENGALURU-560052. 4. SRI. GANAPATHY MALA JOSHY AGED ABOUT 59 YEARS, DIRECTOR OF M/S. ORANGE SELF STORAGE PRIVATE LIMITED, HAVING OFFICE AT NO.33/01, 23/A02, IMPERIAL COURT, CUNNINGHAM ROAD, BENGALURU-560052. 5. SRI SWAMY K B AGED ABOUT 56 YEARS, AUTHORISED SIGNATORY OF M/S. NITESH HOUSING DEVELOPERS LIMITED, HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, NO.8, M G ROAD, BANGALORE-560001. …PETITIONERS (BY SRI.SIDDHARTH SUMAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS INSPECTOR OF POLICE, BAGALUR POLICE STATION, BANGALORE CITY. REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. SRI. H R SURESH MAJOR IN AGE, S/O LATE H K RAMAIAH, NO.B-43, LEGACY DIOMORA APARTMENTS, JAKKUR PLANTATION, - 3 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 JAKKUR, BANGALORE-560064. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.V.SANJAY KRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR (i.e ANNEXURE-A) REGISTERED BY THE BAGALUR P.S., AGAINST THE PETITIONERS IN CR.NO.166/2019 FOR THE OFFENCES P/U/S 120B,419,420,465,468 AND 471 OF IPC. IN CRL.P NO. 1411/2020 BETWEEN: 1. SRI L S VAIDYANATHAN AGED ABOUT 58 YEARS, S/O LALGUDI ARUNACHALAM SAPTHARISHI DIRECTOR M/S NITESH HOUSING DEVELOPERS PVT. LIMITED HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, 7TH FLOOR, NO.8, M G ROAD, BANGALORE-560001. 2. SRI. NITESH SHETTY S/O P.V.SHETTY, AGED ABOUT 40 YEARS, M/S NITESH HOUSING DEVELOPERS PVT. LTD. CHAIRMAN & M.D (RESIGNED) HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, 7TH FLOOR, NO.8, M G ROAD, BANGALORE-560001. R/AT NO.31, NITESH MAYFAIR APARTMENT, NO.6A, KASTURBA ROAD, BANGALORE-560001 - 4 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 3. SMT. DIPALIKHANNA D/O SOMANATH BHAT, AGED ABOUT 68 YEARS, DIRECTOR, M/S NITESH HOUSING DEVELOPERS PVT. LTD. HAVING OFFICE AT NITESH TIMES SQUARE BUILDING, 7TH FLOOR, NO.8, M.G.ROAD, BANGALORE-560001. 4. SRI SUBRAMANIAN ANANTANARAYANAN S/O KOLLENGODA NARAYANA SUBRAMANIAN, AGED ABOUT 69 YEARS, DIRECTOR, M/S NITESH HOUSING DEVELOPERS PVT. LTD., HAVING OFFICE AT NITESH TIMES SQUARE BULDING, 7TH FLOOR, NO.8, M.G.ROAD, BANGALORE -560001 5. SRI PONNIMADA CHANGAPPA ASHOK S/O CHENGAPPA, AGED ABOUT 63 YEARS, DIRECTOR OF M/S ORANGE SELF STORAGE PVT. LTD. HAVING OFFICE AT NO.33/01, 23/A02 IMPERIAL COURT, CUNNINGHAM ROAD, BANGALORE - 560052 6. SRI GANAPATHY MALA JOSHY S/O M.S.HOSHY, AGED ABOUT 63 YEARS, DIRECTOR OF M/S ORANGE SELF STORAGE PVT. LTD. HAVING OFFICE AT NO.33/01, 23/A02 IMPERIAL COURT, CUNNINGHAM ROAD, BANGALORE - 560052 - 5 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 7. SRI SWAMY K.B. S/O K.VEERABRAHMAM, AGED ABOUT 60 YEARS, AUTHORISED SIGNATORY OF M/S NITESH HOUSING DEVELOPERS PVT. LTD., HAVING OFFICE AT NITESH TIMES, 7TH FLOOR, SQUARE BUILDING, NO.8, M.G. ROAD, BANGALORE-560001 ...PETITIONERS (BY SRI. K SUMAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS INSPECTOR OF POLICE BAGALUR POLICE STATION BANGALORE CITY 2. SRI H R SURESH MAJOR IN AGE, S/O LATE H K RAMAIAH NO.B-43, LEGACY DIOMORA APARTMENTS, JAKKUR PLANTATION, JAKKUR, BANGALORE-560064. ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.V.SANJAY KRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER DATED 05.12.2019 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., DEVANAHALLI IN PCR NO.451/2019 (i.e. ANNEXURE-A) THE COMPLAINT IN PCR NO.451/2019 FILED BY THE RESPONDENT NO.2 IN THE COURT OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., DEVANAHALLI (i.e. ANNEXURE-C) AND THE FIR - 6 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 REGISTERED BY BAGALUR POLICE STATION, BENGALURU AGAINST THE PETITIONERS IN CR.NO.195/2019 FOR THE OFFENCE P/U/S 506,120(B),420,406,465,418,417 AND 467 OF IPC (i.e. ANNEXURE-B) AND ALL FURTHER PROCEEDINGS THEREON PURSUANT TO THE COMPLAINT OF THE 2ND RESPONDENT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Learned counsel are for petitioners and respondent No.2 as well as learned HCGP are present and respondent No.2 also present. 2. A compromise petitions are filed in the form of joint memos, duly singed by respondent No.2 and authorized signatory of petitioner's company. A copies of deeds of settlement dated 26.06.2025 are also produced. 3. The terms and conditions of settlement arrived at between the parties in Crl.P.No.8542/2019 reads as under: " The Petitioners have filed the above Criminal Petition seeking invocation of the inherent power - 7 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 vested with this Hon'ble Court under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for quashing the FIR registered by the Bagalur Police Station in Crime 166/2019 U/s 120B, 419, 420, 465, 468 and 471of IPC. Nitesh Housing Developers Pvt.Ltd (Now Known as Northroof Ventures Pvt.Ltd) has entered into a registered Joint Development Agreement with the 2nd Respondent - complainant who is the owner of the land situated in Sy.No. 174/4 situated at Kattigenahalli village, Jala Hobli, Bengaluru North Taluk to develop the said land into Residential Apartment project called "Nitesh Columbus Square". Further Said Company and the 2nd Respondent have executed into Sharing agreements and Addendum to sharing agreements. Subsequently, the petitioners executed a Lease Deed in favour of Orange Self Storage Pvt Ltd, in respect of commercial space measuring 10,342 Sq.Ft carpet area in the project. In this regard certain disputes arose between the parties. During such time the 2nd Respondent has filed the subject complaint in Bagalur Police Station - 1st Respondent and accordingly the 1st Respondent registered FIR in Crime No.166/2019. That the disputes between the Petitioners and the 2nd Respondents have been amicably and fully resolved as recorded in the Settlement Deed dt: 26- 06-2025,, a copy of which is annexed herewith for the kind consideration of this Hon'ble Court. That pursuant to the said Settlement Deed in respect of the execution of the Lease Deed by the Petitioners in favour of Orange Self Storage Pvt.Ltd with regard to lease of the commercial portion of the project and delivery of possession of the premises, the 2nd Respondent has decided not to pursue further the criminal proceedings initiated against the Petitioners. Accordingly, the 2nd Respondent unequivocally and unconditionally declares & confirms his consent for the grant of the prayers - 8 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 sought by the Petitioners in the aforementioned Criminal Petition for quashing FIR in Crime No.166/2019 registered by Bagalur Police Station - 1st Respondent. Hence the parties herein humbly pray that this Hon'ble Court may be pleased to consider this Joint Memo and to quash the said proceedings as prayed for in the above Criminal Petition in the interest of Justice and Equity". 4. The terms and conditions of settlement arrived at between the parties in Crl.P.No.1411/2020 reads as under: The Petitioners have filed the above Criminal Petition seeking invocation of the inherent power vested with this Hon'ble Court under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for quashing the order dated:05/12/2019 passed by the learned Addl.Civil Judge and JMFC, Devanahalli in PCR 451/2019 filed by the 2nd Respondents and the FIR registered by the Bagalur Police Station in Crime 195/2019 U/s 506, 120B, 420, 406, 465, 418, 417 and 467 of IPC and all further proceedings. Nitesh Housing Developers Pvt.Ltd (Now Known as Northroof Ventures Pvt.Ltd) had entered into a registered Joint Development Agreement & General Power of Attorney with the 2nd Respondent- complainant who is the owner of the land situated in Sy. No. 174/4 situated at Kattigenahalli village, Jala Hobli, Bengaluru North Taluk to develop the said land into Residential Apartment project called "Nitesh Columbus Square". Further Said Company and the 2nd Respondent have executed Sharing agreements and Addendum to sharing agreements. - 9 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 Subsequently, the petitioners executed a Lease Deed in favour of Orange Self Storage Pvt.Ltd in respect of the commercial space measuring 10,342 Sq.Ft carpet area in the project as against which the 2nd Respondent has filed the subject complaint before the learned Addl. Civil Judge and JMFC, Devanahalli in PCR 451/2019 & the FIR registered by the Bagalur Police Station in Crime 195/2019 U/s 506, 1208, 420, 406, 465, 418, 417 and 467 of IPC. That the disputes between the Petitioners and the 2nd Respondents have been amicably and fully resolved as recorded in the Settlement Deed dt:26-06-2025, a copy of which is annexed herewith for the kind perusal of this Hon'ble Court. That pursuant to the Said Settlement Deed in respect of the execution of the Lease Deed by the Petitioners in favour of Orange Self Storage Pvt.Ltd with regard to lease of the commercial portion of the project, the 2nd Respondent has decided to not to pursue further with the criminal proceedings initiated against the Petitioners. Accordingly, the 2nd Respondent unequivocally and unconditionally declares & confirms his consent for the grant of the prayers sought by the Petitioners in the aforementioned Criminal Petition for quashing the order dated:05/12/2019 passed by the learned Addl.Civil Judge and JMFC, Devanahalli in PCR 451/2019 filed by the 2nd Respondent and the FIR registered by the Bagalur Police Station in Crime 195/2019 U/s 506, 1208, 420, 406, 465, 418, 417 and 467 of IPC and all further and related proceedings. Hence the parties herein humbly pray that this Hon'ble Court may be pleased to consider this Joint Memo and to quash the said proceedings as prayed for in the above Criminal Petition in the interest of Justice and Equity. - 10 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 5. Respondent No.2/complainant is present before this Court and admit the compromise and submits that he has no objection to allow the petitions. The terms and conditions of compromise petitions are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petitions filed under Section 482 of Cr.P.C, are allowed. (ii) The Criminal proceedings initiated against the petitioners herein in Cr.No.166/2019 (Annexure-A) of Bagalur PS, Bengaluru City, is hereby quashed. (iii) The Criminal proceedings initiated against the petitioners in Cr.No.195/2019 of Bagalur PS, Bengaluru City (Annexure-A), and order dated 05.12.2019 passed by Additional Civil Judge and JMFC, - 11 - HC-KAR NC: 2025:KHC:27529 CRL.P No. 8542 of 2019 C/W CRL.P No. 1411 of 2020 Devanahalli in PCR No.451/2019 is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 2