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2025 DAILYLAW 74354 (KAR)

RAKESH VIJ v. STATE OF KARNATAKA

WP/33237/2025 · 2025-11-20

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 33237 OF 2025 (GM-RES) BETWEEN: 1. RAKESH VIJ S/O SRI. SAT PRAKASH VIJ AGED ABOUT 56 YEARS R/AT B2-1002, WORLD SPA, SECTOR 30, GURUGRAM, HARYANA - 122 001. 2. SANJIV KAPUR, S/O RAGHUNATH RAI KAPUR AGED ABOUT 54 YEARS R/AT D-11/10, FF, EXCLUSIVE FLOORS DLF PHASE-5, GURUGRAM HARYANA – 122 002. 3. ASHOK GHAI S/O SRI. MUNI LAL GHAI, AGED ABOUT 72 YEARS RUM NO 247, SECTOR 21, CHANDIGARH PUNJAB – 160 022. 4. SANJEEV KUMAR KAKKER S/O SATINDER KUMAR KAKKER AGED ABOUT 64 YEARS EAST END ENCLAVE, NEAR RADHU PALACE NEW DELHI – 110 092. …PETITIONERS (BY SRI. AJAY KADKOL T, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER BY MARATHAHALLI POLICE STATION BENGALURU – 560 037. 2. SANJAY PALSAMUDRAM PARTNER, SV THREE GLOBAL VENTURE RESIDENT OF VILLA 202 ADARSH PAL RETREAT OUTER RING ROAD BENGALURU – 560 037. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. ABHILASHVAIDYANATHAN, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 05.06.2025 PASSED BY THE III ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY IN CC NO. 17884 OF 2025 BY WHICH ORDER THE TRIAL MAGISTRATE HAS ALLEGEDLY TAKEN COGNIZANCE OF THE FINAL REPORT IN THE FORM OF A CHARGESHEET FILED BY FIRST RESPONDENT POLICE, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 ORAL ORDER The petitioners are arraigned as accused Nos. 1 to 4 in Cr.No.91/2025, registered at Marathahalli police station for the offences punishable under Sections 408, 420 read with Section 34 of IPC. The charge sheet is filed for offences punishable under Sections 409 and 120(B) read with Section 34 of IPC against the petitioners. 2. An application is filed by the learned counsel for the petitioners for quashing of the proceedings, on the ground of settlement between the parties, in support of which, the affidavit of the petitioners is also filed. Paragraph No.10 of the affidavit is extracted hereunder: “10. Further, under the terms of the aforesaid settlement agreements, Petitioner No.1 herein and the Petitioner No.2 herein and the Company mutually agree to withdraw all existing legal proceedings inter se, including Payment of Wages Act Complaints Nos. PW/20/2025 instituted by the Petitioner No.1 herein and PW/21/2025 - instituted by the Petitioner No.2 herein, and correspondingly, M/s Truminds Software Systems Private Limited agrees to withdraw its Civil Suit bearing O.S. 3622 of 2024 as well as the Criminal - 4 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 Case bearing No. C.C. 17884 of 2025 pending on the file of the III Addl. Chief Judicial Magistrate, Bengaluru City on the basis of Crime No. 91 of 2025 registered by the Respondent No.1 Police and M/s SV3 Global Ventures agrees to withdraw AP. IM 1/2025 pending before the Hon'ble High Court of Karnataka, thereby bringing all pending disputes between the parties herein to a queitus. 3. Learned counsel for respondent No.2 has also filed an affidavit of respondent No.2/defacto complainant in support of the application. The paragraphs No. 1 to 9 of the said affidavit are extracted hereunder: “1. I am Respondent No. 2 in the above case. I am swearing to this Affidavit in order to accord consent for quashing the criminal proceedings in C.C. No. 17884/2025 pending on the file of the III Additional Chief Judicial Magistrate, Bengaluru, in view of the amicable settlement of all disputes between the parties. During the pendency of the proceedings, the name of M/s SV3 Global Ventures LP was changed to 7Rays Capital LLP. 2. 7Rays Capital LLP (formerly known as M/s SV3 Global Ventures LP), the entity of which Respondent No. 2 is a partner, is an investor in the holding company of M/s Truminds Software Systems Private Limited, ie, the victim of the alleged crime. - 5 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 3. The allegations made by me before the Respondent No.1 Police inter alia is that, Sri. Rakesh Vij the Petitioner No.1 herein and Sri. Sanjiv Kapur the Petitioner No.2 herein, being the Chief Executive Officer and Chief Technology Officer respectively of M/s Truminds Software Systems Private Limited ('the Company') along with Smt. Charu Vij, wife of the Petitioner No.1, and Smt. Bhavya Kapur, daughter of the Petitioner No.2, who were directors in the Company, acted in a manner prejudicial to the interests of the Company. 4. The dispute between Respondent No. 2 and the Petitioners, forming subject matter of subject matter of the case in C.C. No. 17884/2025, herein has been resolved amicably and as such all the other proceedings which were pending inter se the parties have been put to a quietus in terms of the settlement arrived at inter alia between Respondent No. 2 and Petitioner Nos. 1 and 2. The Petitioners and Respondent No. 2 have entered into such an amicable understanding on their own free will and volition and after consulting with their respective legal counsels. 5. Petitioner No.1 and Petitioner No.2, have submitted an application before this Hon'ble Court for quashing the proceedings in C.C. No. 17884 of 2025 pending on the file of the III Addl. Chief Judicial Magistrate, Bangalore City on account of the settlement - 6 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 arrangement between the Petitioners and the Company. 6. 1, as Respondent No. 2, have gone through the application filed by the Petitioners and concur with the contents of the aforesaid affidavit and confirm that 7Rays Capital LLP (formerly known as SV3 Global Ventures LP) do not wish to contest this matter any further in view of the amicable settlement having arrived at between the parties. 7. The dispute is inter-se the Petitioners and Respondent No. 2 alone and does not affect or involve the public or public interest at large. No third-parties or third party rights are affected by the amicable settlement arrived between the Petitioners and Respondent No. 2. The nature of the dispute is such that it is primarily a private wrong which has been amicably resolved. 8. In view of the amicable resolution of the dispute which has been arrived at inter alia between the Company and the Petitioners herein, the proceedings in C.C. No. 17884/2025 pending on the file of the III Addl. Chief Judicial Magistrate, Bangalore City may be quashed as against the Petitioners herein, by this Hon'ble Court. - 7 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 9. It is prayed that this Hon'ble Court may be pleased to allow the application filed by Petitioner Nos. 1 and 2 in the interest of justice.” 4. Having perused the material on record, this Court is of the considered view that the dispute is inter se the petitioner and respondent No.2 and it does not effect public at large. Dispute being private in nature and the parties having come forward to settle the dispute by filing their respective affidavits, no purpose will be served, if the proceedings are continued. 5. Respondent No.2/defacto complainant who is present before the Court submits that in view of the settlement, he has no objection to quash the proceedings initiated against the petitioners. 6. Under the above facts and circumstances and to secure the ends of justice, it is expedient to close the proceedings pending against the petitioners. Hence, the following: - 8 - HC-KAR NC: 2025:KHC:48063 WP No. 33237 of 2025 ORDER i) The Criminal Petition is allowed. ii) The entire proceedings arising out of Crime No.91/2025 of Marathahalli Police Station, Bengaluru pending in C.C.No.17884/2025 before the learned III Additional Chief Judicial Magistrate, Bengaluru City are quashed. I.A.No.1/2025 does not survive for consideration. The same is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE JS List No.: 1 Sl No.: 53