- 1 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3575 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. ANJALI NANDA AGED 39 YEARS W/O RAHUL NANDA OCC: MANAGER TOP VERTEX GLOBAL SERVICES DUBAI UAE PERMANENT ADDRESS: 774, 3RD FLOOR, 4, AECS LAYOUT, A-BLOCK, SINGASANDRA BANGALORE – 560 068. 2. CHETAN SHIVAJI KUMBHAR AGED 39 YEARS S/O KUMBHAR OCC: DIRECTOR, SPONSOR OF INVESTORS DUBAI, UAE PERMANENT ADDRESS: # 30, SURVEY NO.46/2 KHARADI ROAD, NEAR SANGHARSHA CHOWK CHANDAN NAGAR, PUNE – 411 014. 3. VIDISHA CHETAN KUMBHAR AGED 33 YEARS W/O CHETAN KUMBHAR OCC: DIRECTOR, SPONSOR OF INVESTORS, DUBAI, UAE # 30, SURVEY NO.46/2 KHARADI ROAD, NEAR SANGHARSHA CHOWK CHANDAN NAGAR, PUNE – 411 014. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 4. SHARAT YADAV.L AGED 40 YEARS S/O LAKSHMINARASAIAH OCC: PROCESS CO ORDINATOR NO.1035, 8TH MAIN, NEAR RAMA TEMPLE KAMMAGONDANAHALLI, JALAHALLI WEST BENGALURU – 560 015. 5. MONISHA S NARAYAN AGED 38 YEARS C/O V SADASHIVA OCC PROCESS COORDINATOR # 6, 5TH CROSS, R.A. ROAD, EJIPURA BENGALURU – 560 047. …PETITIONERS (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION REPRESENTED BY HCGP. 2. PREMA KUMAR C AGED 26 YEARS VENKATAGIRIYAPPA BUILDING, 4TH CROSS, SHANTHI LAYOUT, RAMANURTHYNAGAR, BANGALORE – 560 016. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. SYED YOUSUF, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.14/25 PENDING BEFORE THE IV ACMM, BENGALURU NRUPATUNGA ROAD, FILED BY THE COMMERCIAL STREET POLICE STATION, BENGALURU AND QUASH THE COMPLAINT BEING FIR WITH CR.NO.0014/2025 (ANNEXURE-B), REGISTERED WITH COMMERCIAL STREET POLICE STATION U/S 406, 420 R/W 506 OF IPC, AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following relief: “a) Quash the FIR in Crime No.14 of 2025 pending before the IV ACMM, Bengaluru, Nrupatunga Road filed by the Commercial Street Police Station, Bengaluru and quash the compliant being FIR with Crime No.0014/2025 (Annexure B) registered with Commercial Street Police Station under Sections 406, 420, r/w 506 of Indian Penal Code, 1860 against the petitioners. b) Pass any such other and further orders as their Lordships deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 and 8 and learned counsel for 2nd respondent – complainant have filed a Application – I.A.2/2025 duly signed by petitioner Nos.2 and 4 along with Joint Affidavit duly signed by petitioner No.2 and 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioner Nos.2 and 4 – accused Nos.2 and 4 and their counsel and 2nd respondent and her counsel are physically present before the Court and they admit the contents of the - 4 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 Application as well as Joint Affidavit. Learned counsel for the petitioners have filed memo for dispensation of personal appearance of the petitioner Nos.1, 3 and 5, all of which reads as under:- “MEMO FOR THE DISPENSE FOR THE PERSONAL APPEARANCE OF THE PETITONER NOS.1, 3 AND 5 “That the counsel for the above-named petitioners most humbly submits that the petitioner No.1 Anjali Nanda and Petitioner no 3 are having the small aged children and they are unable to travel to Bangalore from UAE. That the petitioner No.5 Monisha S Narayan who is the employee and she has left the organization. Therefore, it is prayed this Hon'ble Court may be pleased to dispense the personal appearance of the Petitioner Nos.1 and 3 and they will appear through VC for considering the reporting settlement in the above case, hence this Memo in the interest of justice and equity.” APPLICATION FILED UNDER SECTION UNDER SECTION 359(2) OF BNSS “That the above-named petitioners and Respondent No.2 most humble submits that: 1. That the above-named respondent No.2 has filed the complaint against the above-named petitioners in CR No.14/2025 for the offences u/s 506, 406 and 420 of IPC before the commercial street police, pending on the file of - 5 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 the 4th Additional Chief Judicial Magistrate Court, Bangalore. 2. That the above-named accused/petitioners have filed the above criminal petition u/s 482 of CRPC (528 of BNSS) to quash the entire FIR in Cr.No.14/2025 of Commercial Street Police Station. 3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them. 4. That, the respondent No.2 have availed the immigration assistance services from the petitioner's company "DIDACTIC MIGRATION CONSULTANTS PVT LTD" under the agreement No.39118 on 12/06/2023 and he had paid sum of Rs.173000/- along with the 18% GST, accordingly the petitioner's company had provided the services. 5. That, the respondent No.2 now willing to seek the voluntary withdrawal of the agreement bearing no 39118 and sort for the refund, accordingly the petitioner's company have agreed to refund the total paid sum of Rs.173000/ today by way of demand draft drawn from HDFC Bank bearing the DD No 007321 Dated 11/07/2025 for Sum of Rs.173000/-. 6. That, the respondent no 2 have no other claims against the petitioners and the company "DIDACTIC MIGRATION CONSULTANTS PVT LTD". 7. That, the Respondent no 2 have no objections to quash the entire FIR including the accused no 5, 6 and 7 - 6 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 who are the old employee of the petitioner's company and they are not petitioners in the present petition. 8. That, the Respondent no 2 have no objections for this Hon'ble court to issue the directions to the 1st respondent to direct the Branch Manager of Boat Club Pune of HDFC Bank Ltd for releasing the lien amount of Rs.300000/ in the petitioner's bank account as mentioned below, which was lien by the direction of this Hon'ble via order dated 17/03/2025 while disposing the IA No.1 for the interim stay. HDFC BANK Account Account Name: DIDACTIC MIGRATION CONSULTANTS PVT LTD Account No:50200086999700 Branch name: Boat Club Pune IFSC: HDFC0000039 MICR:411240004 9. That the above offences are compoundable with the permission of this Hon'ble court. 10. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire proceeding basis settlement between the parties. PRAYER Wherefore it is most respectfully prayed that this Hon'ble may please to: 1. Allow application filed u/s 359 (2) OF BNSS and permit the parties to compound the offences. 2. Pleased to quash the entire FIR in C R no 14/2025 for the offences punishable under section 506, 406 and 420 - 7 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 of IPC registered by the respondent police Commercial Street Police, pending on the file of the 4th Addl. Chief Judicial Magistrate court Bangalore in the interest of justice and equity. 3. Please to issue the direction to the 1st Respondent to direct the Branch Manager of HDFC Bank Ltd Boat Club Pune of branch bearing account 50200086999700 to release the lien amount of Rs.300000/ in the petitioner's company DIDACTIC MIGRATION CONSULTANTS PVT LTD bank account” JOINT AFFIDAVIT “We, I Chetan Kumbhar Aged 36 Years S/o Kumbhar, having at AL-ALteefa Towers, Union Street, 2nd Floor, Union Street, Infantry Road, Bengaluru, Karnataka 560001 and I Prem Kumar C, S/o Chinna dorai Age-26 Yrs., Venkatagiriyappa Building, 4th Cross, Shanthi Layout, Ramanurthynagar, Bangalore, Karnataka 560016 do hereby solemnly affirm and state on oath as follow. 1. I Chetan Kumbhar, accused/petitioner no 2 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of other petitioners and I am the director of "DIDACTIC MIGRATION CONSULTANTS PVT LTD". 2. I Chetan Kumbhar and other petitioners have filed the above petition U/s 528 of BNSS for quashing the entire FIR IN CR No 14/2025 filed by the respondent no 2. - 8 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 3. I Prem Kumar C, I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit. 4. We submit that, we have filed an application u/s 359 (2) OF BNSS to compound the offences in the above criminal petition. 5. That, the disputes between us have been resolved and we have decided to settle the matter between them. 6. That, I Prem Kumar C respondent no 2 now willing to seek the voluntary withdrawal of the agreement bearing no 39118 and sort for the refund, accordingly Chetan Kumbhar petitioner no 2 director of DIDACTIC MIGRATION CONSULTANTS PVT LTD have agreed to refund the total paid sum of Rs.173000/- today by way of demand draft drawn from HDFC Bank bearing the DD No.007321 Dated 11/07/2025 sum of Rs.173000/. 7. That, I Prem Kumar C respondent no 2 have no other claims against the petitioners and the company "DIDACTIC MIGRATION CONSULTANTS PVT LTD". 8. That, I Prem Kumar C respondent no 2 have no objections to quash the entire FIR including the accused no 5, 6 and 7 who are the old employee of the petitioner's company and they are not petitioners In the present petition. 9. That, I Prem Kumar C respondent no 2 have no objections for this Hon'ble court to issue the directions to the 1st respondent to direct the Branch Manager of Boat Club Pune of HDFC Bank Ltd for releasing the lien amount of Rs.300000/- in the petitioner's bank account as mentioned below, which was lien by the direction of this Hon'ble via - 9 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 order dated 17/03/2025 while disposing the IA no 1 for the interim stay. HDFC BANK Account Account Name: DIDACTIC MIGRATION CONSULTANTS PVT LTD Account No: 50200086999700 Branch name: Boat Club Pune IFSC: HDFC0000039 MICR:411240004 10. That, the complainant/Respondent no 2 and petitioners have no other claims against each other. 11. That, the respondent no 2 have no other claims against the petitioners and the company "DIDACTIC MIGRATION CONSULTANTS PVT LTD". 12. That we both parties have settled our disputes and matter has been compromised between us in the presence of the well-wisher. 13. That the above offences are compoundable with the permission of this Hon'ble court. 14. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire FIR basis settlement between the parties. 15. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the best of my knowledge, information and belief. Wherefore, it is most respectfully prayed that this Hon'ble may please to: - 10 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 1. Allow application filed u/s 359(2) OF BNSS and permit the parties compound the offences. 2. Pleased to entire quash the entire FIR in CR no 14/2025 for the offences punishable under section 506, 406 and 420 of IPC registered by the respondent police Commercial Street Police, pending on the file of the 4th Addl. Chief Judicial Magistrate court Bangalore in the interest of justice and equity. 3. Please to issue the direction to the 1st Respondent to direct the Branch Manager of HDFC Bank Ltd Boat Club Pune of branch bearing account 50200086999700 to release the lien amount of Rs.300000/- in the petitioner's company DIDACTIC MIGRATION CONSULTANTS PVT LTD bank account.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Application – I.A.2/2025 and Joint Affidavit dated 11.07.2025. (ii) The FIR in Crime No.14/2025 dated 23.01.2025 of Commercial Street Police Station registered for the offences punishable under Sections 506, 406 and 420 if IPC pending on the file of the 4th Addl. - 11 - HC-KAR NC: 2025:KHC:26668 CRL.P No. 3575 of 2025 Chief Judicial Magistrate, Bengaluru, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 5