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2025 DAILYLAW 79484 (KAR)

MR. SURESH K A v. STATE OF KARNATAKA

WP/12334/2020 · 2025-07-30

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 12334 OF 2020 (GM-RES) C/W WRIT PETITION NO. 14888 OF 2020 (GM-RES) WRIT PETITION NO. 239 OF 2021 (GM-RES) IN WP No. 12334/2020 BETWEEN: MR. SURESH K A AGED ABOUT 58 YEARS S/O SHRI K.H. ANJANAPPA NO.1203, TOWER 3, GODREJ WOODSMEN ESTATE, HEBBAL, BELLARY ROAD, BENGALURU-560024 …PETITIONER (BY SRI.C.N.RAGHAVENDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KODIGEHALLI P.S. BANGALORE CITY YELAHANKA SUB-DIVISION, REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BANGALORE-560001 2. MR. CHARANJEET CHANDAN S/O SHRI KANSHI LAL CHANDRA AGED ABOUT 44 YEARS FLAT NO D-705, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 ALPINE PYRAMID APARTMENT, RAJIV GANDHI NAGAR, 2ND STAGE, CANARA BANK LAYOUT, BANGALORE-560097 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.YASHAS.K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.48/2020 DATED 20.03.2020 OF THE RESPONDENT KODIGEHALLI POLICE STATION ARRAIGNING THE PETITIONER HEREIN AS ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE U/S 448, 427, 323, 504, 506 R/W SECTION 149 OF IPC PENDING ON THE FILE OF HONBLE CHIEF METROPOLITAN MAGISTRATE COURT AND THE RESULTANT INVESTIGATION (VIDE ANNEXURE-A AND B TO THE PETITION). IN WP NO. 14888/2020 BETWEEN: MR SURESH K A AGED ABOUT 58 YEARS, S/O SHRI K H ANJANAPPA NO.1203, TOWER 3 GODREJ WOODSMEN ESTATE HEBBAL, BELLARY ROAD, BENGALURU -560024 ...PETITIONER (BY SRI.C.N.RAGHAVENDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KODIGEHALLI P S BANGALORE CITY - 3 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 YELAHANKA SUB DIVISION REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BANGALORE-560001 2. MR CHARANJEET CHANDAN S/O SHRI KANSHI LAL CHANDRA AGED ABOUT 44 YEARS, FLAT NO.D-705 ALPINE PYRAMID APARTMENT RAJIV GANDHI NAGAR 2ND STAGE, CANARA BANK LAYOUT BANGALORE-560097 ...RESPONDENTS (BY SMT.N.ANITHA GIRISHA, HCGP FOR R1; SRI. YASHAS K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.110/2020 DATED 22.09.2020 OF THE RESPONDENT KODIGEHALLI POLICE STATION ARRAIGNING THE PETITIONER HEREIN AS ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE U/S 34, 380, 454, 506 R/W SECTION 149 OF IPC PENDING ON THE FILE OF HONBLE 7TH ADDL CMM COURT AND THE RESULTANT INVESTIGATION (VIDE ANNEXURE-A AND B TO THE PETITION). IN WP NO. 239/2021 BETWEEN: MR SURESH K A S/O SHRI. K.H. ANJANAPPA, AGED ABOUT 58 YEARS, NO. 1203, TOWER 3, GODREJ WOODSMEN ESTATE, HEBBAL, BELLARY ROAD, - 4 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 BENGALURU-560024. ...PETITIONER (BY SRI.C.N.RAGHAVENDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KODIGEHALLI P.S. BANGALORE CITY, YELAHANKA SUB-DIVISION, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. MR. CHARANJEET CHANDAN S/O SHRI. KANSHI LAL CHANDRA, AGED ABOUT 44 YEARS, FLAT NO. D-705, ALPINE PYRAMID APARTMENT, RAJIV GANDHI NAGAR, 2ND STAGE, CANARA BANK LAYOUT, BANGALORE-560097. ...RESPONDENTS (BY SRI.YASHAS.K, ADVOCATE FOR R2; SMT.N.ANITHA GIRISH, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH CHARGE SHEET IN C.C.NO.17729/2020 ARISING OUT OF FIR IN CRIME NO.98/2020 DATED 08.08.2020 OF THE RESPONDENT KODIGEHALLI POLICE STATION ARRAIGNING THE PETITIONER HEREIN AS ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE U/S 354, 504, 506, 509 R/W SECTION 34 OF IPC PENDING ON THE FILE FO HONBLE VII ADDL. CMM COURT, BANGALORE. THE FIR HAS BEEN - 5 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 REGISTERED AT THE INSTANCE OF R-2 VIDE ANNEXURE-C TO THE PETITION. 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 for the petitioners has filed a memos along with a certified copies of the order sheet in O.S.No.3294/2023 passed by Principal City Civil and Sessions Judge, Bengaluru, and the compromise petition filed before the trial Court under order 23 Rule 3 r/w Section 151 of CPC, wherein, the parties have settled their disputes. 2. The terms and conditions of settlement arrived at between the parties before the trial Court reads as under: THE PARTIES ABOVE NAMED RESPECTFULLY SUBMITS AS FOLLOWS:- 1. The parties above named at the intervention of the wellwishers and known person have come - 6 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 forward to enter into this compromise and end the dispute between them in accordance with the terms and conditions stated in this application. 2. Both the, parties to do hereby agree that the Defendant is herewith paying a sum of Rs. 2,01,00,000/- [Rupees Two crores one lakhs only] in total by way of crores Bankers cheque bearing No.271412 dt. 12/02/2025 drawn on the bank of State Bank of India, for a sum of Rs. 1,20,00,000/- [Rupees One Crore Twenty Lakhs only] favour of the Plaintiff. Bankers Cheque bearing No.271409 dt. 11/02/2025 drawn on the bank of State Bank of India, for a sum of Rs. 30,00,000/-[Rupees Thirty Lakhs only] in favour of the Plaintiff. Bankers cheque No. 271413 dt. 13/02/2025 drawn on the bank of State Bank of India, for a sum of Rs. 25,00,000/- Rupees Twenty Five Lakhs only] in favour of the Plaintiff. Cheque bearing No. 454838 dt. 14-05-2025 drawn on the bank of State Bank of India for a sum of Rs. 26,00,000/-Rupees Twenty Six Lakhs only] in favour of the Plaintiff which is a return of interest free advance amount to be paid by the Defendant to the Plaintiff for vacating the schedule 'premsies. 3. The Plaintiff on receipt of the above amount stated in this application do hereby withdraw the above suit and the also all the following cases between them stated as per the table shown below. - 7 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 Sl.No Case No. Hearing date Filed by whom 1 OS.No.7983/2022 07.03.2025 Plaintiff 2 CC No.638/2021 15.02.2025 Plaintiff 3 CC No.17729/2020 15.02.2025 Plaintiff 4 OS No.25007/2023 15.02.2025 Defendant 5 OS No.3294/2023 21.02.2025 Plaintiff 6 Crl.RP.No.459/2024 21.02.2025 Plaintiff 7 OS No.2093/2020 03.03.2025 Plaintiff 8 CC No.2454/2021 07.03.2025 Defendant 9 WP No.14888/2020 NA Defendant 10 WP No.239/2021 NA Defendant 11 WP No.12334/2020 NA Defendant 12 WP No.4984/2021 NA Plaintiff 13 WP No.6537/2021 NA Plaintiff 14 CCC No.1153/2024 NA Plaintiff 4. Both the parties from the date of this Compromise petition do hereby undertake to withdraw the above stated cases immediately. All the orders or judgments passed or to be made in the above stated cases shall stand nullified or void on receipt of the amount stated in the above Compromise petition. 5. Both the parties do hereby agree that the above stated amount is full and final to the satisfaction of both the parties and both the parties shall not be at liberty to either sue / file cases for increase or decrease of the above stated above in any form. The Defendant herewith undertakes to return/withdraw all or any cases filed against the Jyoti Chandna the wife of the Plaintiff. In future also parties should not claim any type of damages and mense profits against each other. 5. Both the parties do hereby agree that on failure of the Sri. Suresh. K.A. /Defendant in the above case to honour the Banker Cheques and cheque bearing No. 454838 Dt. 14-05- - 8 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 2025 this Compromise petition shall stand void and the parties shall be at liberty to reinitiate the cases stated above. 6. In view of the this Compromise petition both the parties to this case pray that this Hon'ble Court may kindly be pleased to dismiss/dispose of as withdrawn this suit / petitions and all other petitions/suits / appeals stated above as filed by the respective parties in view of this compromise petition. 7. The Plaintiff / Sri. Charanjeet Chandna has herewith handed over the keys and vacant possession of the schedule premises stated in the rental agreement back to the owner / Defendant Sri. Suresh. K.A. on this day, the said Sri. Suresh K.A herewith acknowledges keys and also the vacant possession of the schedule premises in good condition on this day by way of this compromise petition before this Hon'ble Court. The Rental agreement between the parties do hereby stands terminated / surrender / cancelled from the date of this Compromise petition. 8. Both the parties shall be at liberty to withdraw their respective court fees and also bear their own costs with regard to the litigation between them as per the details stated in the above case nos. Both the parties agree that the Plaintiff herewith undertakes to remove all or any sign boards or remaining material in the schedule premises stated in the lease deed at his own costs without damaging the schedule premises in any form. 9. Both the parties do hereby agree that the case nos. stated above and if any other case pending between them for which the notice is not served shall also be dismissed as - 9 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 withdrawn or returned in accordance with law by the respective parties. 10. The contents of this Compromise petition are herewith read over to the both the parties in the presence of their respective counsels and being fully aware of the contents of this compromise petition they are signing this compromise petition before this Hon'ble Court. 11. On receipt of the entire amount by the Plaintiff or Sri. Charanjeet Chandna and the Defendant / Suresh. K.A. both agree and swear that they will not have any monetary relationship or the relationship of the owner and the tenant in future. 12. Both the parties do hereby agree that the both the parties shall be indemnified with regard to any costs, damages and penalties from the other party who do not adhore to the conditions stated in this Compromise petition. Wherefore, both the parties to this Compromise petition pray that this Hon'ble Court may kindly be pleased dismiss the above suit as withdrawn as per the terms and conditions stated in the Compromise petition in the above suit in the interest of justice and equity". 3. Petitioner who is defendant in O.S.No.3294/2023 is present and admitted the compromise. Having regard to the fact that the parties have settled their disputes, the petitions deserves to be allowed and criminal proceedings - 10 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 pending against him is required to be quashed and accordingly the following: ORDER (i) Petitions filed by accused No.1 under Articles 226 and 227 of Constitution of India r/w Section 482 of Cr.P.C, are hereby allowed. (ii) In WP No.12334/2020, the criminal proceedings initiated against accused No.1 in FIR in Crime No.48/2020 of Kodigehalli Police Station, for the offences punishable under Sections 448, 427, 323, 504, 506 r/w Section 149 of IPC, is hereby quashed. (iii) In WP No.14888/2020, the criminal proceedings initiated against accused No.1 in FIR in Crime No.110/2020 of Kodigehalli Police Station, for the offences punishable under Sections 454, 380, 506 r/w Section 34 of IPC, is hereby quashed. - 11 - HC-KAR NC: 2025:KHC:29223 WP No. 12334 of 2020 C/W WP No. 14888 of 2020 WP No. 239 of 2021 (iv) In WP No.239/2021, the criminal proceedings initiated against accused No.1 in CC No.17729/2020 (FIR in Crime No.98/2020 Kodigehalli Police Station), pending on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 354, 504, 506, 509, 114 r/w Section 34 of IPC, is hereby quashed. (v) The Registry is directed to send a copy of this order to the trial Court through e-mail. 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.: 25