- 1 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 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. 5850 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. M/S NITESH HOUSING DEVELOPERS PVT. LTD., REGISTERED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, TIME SQUARE, #8, M.G.ROAD, BANGALORE - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR SRI.L.S.VAIDYANATHAN 2. M/S NITESH ESTATES PVT. LTD., REGISTERED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, TIME SQUARE, #8, M.G.ROAD, BANGALORE - 560 001 RERESENTED BY ITS AUTHORIZED SIGNATORY SRI.K.B.SWAMY. 3. SRI. NITESH SHETTY CHAIRMAN AND MANAGING DIRECTOR M/S NITESH ESTATES LTD., NO.31, NITESH MAYFAIR APARTMENT NO.6 A KASTURBHA CROSS ROAD BANGALORE - 560 001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 4. SRI. PRADEEP NARAYAN AGED ABOUT 56 YEARS, S/O K.C.BADRINARAYANA 5. SRI. C. MUKUND AGED ABOUT 46 YEARS, S/O KUNHI RAMAN BOTH PETITIONERS 4 & 5 ARE WORKING AT NITESH ESTATES LTD., REGISTERED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, TIME SQUARE, #8, M.G.ROAD, BANGALORE - 560 001. …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 HIGH COURT GOVT PLEADER HIGH COURT BUILDING, BANGALORE. 2. SRI. H.R. SURESH AGED ABOUT 61 YEARS, S/O LATE H.K. RAMAIAH R/AT B-43, LEGACY DIMORA APARTMENTS JAKKUR PLANTATION, JAKKUR BANGALORE - 560 064. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.V.SANJAY KRISHNA, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 12.04.2019 PASSED BY THE COURT OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND J.M.F.C., DEVANAHALLI, BENGALURU RURAL IN P.C.R.NO.186/2018 AND TO CONSEQUENTLY DISMISS THE COMPLAINT FILED BY THE 2ND RESPONDENT IN PCR NO.186/2018 AND ALL FURTHER PROCEEDINGS THEREON. THIS PETITION, 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 and respondent No.2 also present. 2. A compromise petition is filed in the form of joint memo, duly singed by respondent No.2 and authorized signatory of petitioner's company. A copy of memorandum of settlement dated 26.06.2025 is also produced. 3. The terms and conditions of settlement arrived at between the parties reads as under: "The Petitioners have filed the above Criminal Petition seeking invocation of the inherent power vested with - 4 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 this Hon'ble Court under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for quashing of the criminal proceedings in CC 487/2023 (PCR 186/2018) on the file of the learned Principal Civil Judge & J.M.F.C, Devanahalli Court, Bengaluru Rural. The 1st Petitioner - company 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. Further both the parties have executed into Sharing agreements and Addendum to sharing agreements. Subsequently certain disputes arose between the parties, in respect of the execution and registration of Sale Deeds by the Petitioners under which the Petitioners conveyed the Apartments Bearing Nos. D0804, E0601 & E0903, in favour of one Mrs. Asha Bajapai as against which the 2nd Respondent has filed the subject complaint before the learned Principal Civil Judge & J.M.F.C. Devanahalli Court, Bengaluru Rural. That the disputes between the Petitioners and the 2nd Respondent has 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 and the facts stated hereinabove, 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 proceedings in CC 487/2023 (PCR 186/2018) on the file of the learned - 5 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 Principal Civil Judge & J.M.F.C, Devanahalli Court, Bengaluru Rural. Hence, the parties herein humbly pray that this Hon'ble Court may be pleased to consider this Joint Memo and quash the said proceedings as prayed for in the above Criminal Petition, in the interest of Justice and Equity." 4. Respondent No.2/complainant is present before this Court and admit the compromise and submits that he has no objection to allow the petition. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 of Cr.P.C, is allowed. (ii) The criminal proceedings initiated against the petitioners herein in order dated 12.04.2019 in PCR No.186/2018 on the file of Principal Civil Judge and JMFC, Devanahalli, Bengaluru Rural, is hereby quashed. - 6 - HC-KAR NC: 2025:KHC:27530 CRL.P No. 5850 of 2019 (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.: 1