Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16792 OF 2025
BETWEEN:
1.
SRI. ANUJ NAUTIYAL AGED ABOUT 45 YEARS, S/O DURGA PRASAD
2.
SMT. ZAINAB HUSSAIN AGED ABOUT 44 YEARS, W/O ANUJ NAUTIYAL,
BOTH ARE R/AT:
NO.204, SPRING BLOCK, MANGALYA RESIDENCY, BENSON TOWN, NO.6/1, BENSON CROSS ROAD, NEAR CANARA BANK, BANGALORE-560 046.
3.
M/S. REDWOODS CAPITAL MANAGEMENT PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956.
BEING REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI. ANUJ NAUTIYAL.
4.
M/S. REDWOODS CAPITAL TRUST A TRUST ESTABLISHED UNDER THE INDIAN TRUST ACT, 1882, BEING REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI. ANUJ NAUTIYAL.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
BOTH HAVING OFFICE AT:
NO.403, THE ESTATE, 121 DICKENSON ROAD, BENGALURU-560 042. …PETITIONERS
(BY SRI. MAHESH Y.L., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY JEEVAN BHEEMANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2.
SRI. JITENDRA VIRWANI DIRECTOR AND CHAIRMAN AT EMBASSY GROUP OF COMPANIES.
HAVING HIS ADMINISTRATIVE OFFICE AT EMBASSY GOLFLINKS BUSINESS PARKS, ROYAL OAKS, OFF INTERMEDIATE RING ROAD, BENGALURU CITY-560 071, BEING REPRESENTED BY GPA HOLDER SRI. PRASAD A TURAMARI. …RESPONDENTS
(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1; R2-APPEARED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) QUASH THE FIR, IN CRIME NO.151/2024, DATED 11.07.2024, REGISTERED BY BHEEMANAGAR POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 406, 420 READ WITH SECTION 34 OF THE INDIAN PENAL CODE (IPC), 1860, PENDING ON THE FILE OF 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AT ANNEXURE-A;
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
(B) QUASH THE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT AGAINST THE PETITIONERS, DATED 11.07.2024, BEFORE BHEEMANAGAR PS, IN CRIME NO.151/2024, PENDING ON THE FILE OF 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AT ANNEXURE-B.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are before this Court seeking to quash the FIR in Cr.No.151/2024 registered at Jeevan Bheemanagar Police Station, Bengaluru City, for the offence punishable under Section 406, 420, 120B r/w 34 of IPC. 2. Respondent No.2 set the law in motion. Based on his complaint, the above mentioned FIR was registered. 3. An application is filed under Section 359 r/w Section 528 of BNSS, 2023, seeking to quash the FIR on the ground of settlement. It is stated that the petitioners and respondent No.2 have amicably resolved their disputes and accordingly executed a Deed of Settlement dated 1.12.2025. The application is signed by the
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
petitioners as well as respondent No.2 and accompanied with the joint affidavit as well as the Deed of Settlement. 4. Paras-1 to 4 of the joint affidavit are extracted hereunder:
1. We, Sri Anuj Nautiyal and Smt. Zainab Hussain, Petitioners No. 1 and 2; M/s Redwoods Capital Management Private Limited and M/s Redwoods Capital Trust, Petitioners No. 3 and 4, represented by their authorised representative Sri Anuj Nautiyal; and Respondent No. 2, Sri Jitendra Virwani, Director and Chairman of Embassy Group of Companies, represented by his GPA holder Sri Prasad A. Turamari, are fully acquainted with the facts and circumstances of the case and are competent to depose to this affidavit. 2. We state that pursuant to the complaint lodged by Respondent No. 2, the Jeevan Bheema Nagar Police Station registered FIR in Crime No. 151 of 2024 for offences punishable under sections 406, 420, 120B read with section 34 of the IPC against the petitioners, which is presently pending on the file of the Hon'ble 4th Additional Chief Metropolitan Magistrate, Bengaluru. 3. We jointly state that, at the intervention of well-wishers, and friends, the disputes between the parties have been amicably resolved, and the parties have accordingly entered into a Deed of Settlement dated 01-12-2025. Under the said deed of settlement, it has been mutually
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
agreed that Respondent No. 2 has no objection to this Hon'ble Court exercising its jurisdiction under section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the proceedings arising out of Crime No. 151 of 2024 registered by Jeevan Bhima Nagar Police Station.
The copy of Deed of Settlement dated 01-12-2015 is already produced vide Annexure - 'E' along with the Memorandum of Criminal Petition for the kind perusal of this Hon'ble Court. 4. We further state that the settlement has been voluntarily executed in good faith, with the objective of maintaining peace and harmony between the parties. Respondent No. 2 affirms that he has no subsisting grievance or interest in continuing the criminal proceedings against the petitioners, and in view of the Deed of Settlement dated 01-12-2025, he has no objection to the quashing of the FIR in Crime No. 151 of 2024 pending before the Hon'ble 4th Additional Chief Metropolitan Magistrate, Bengaluru, for offences under sections 406, 420, and 120B read with section 34 of the IPC.”
5. The dispute arises out of Business/Financial transaction between the parties. The offences alleged are compoundable in nature. 6. Petitioners and respondent No.2/defacto complainant are present before the Court. They are
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HC-KAR NC: 2025:KHC:52744 CRL.P No. 16792 of 2025
identified by their respective counsel. In terms of the settlement and the joint affidavit filed before the Court, no purpose will be served in continuing the proceedings initiated against the petitioners. Hence, in the interest of justice, it is expedient to quash the proceedings by allowing the petition. Accordingly, the following:
ORDER
I. Application is allowed. Consequently, the petition is allowed.
II. The entire proceedings arising out of the FIR in Cr.No.151/2024 registered at Jeevan Beemanagar Police Station, Bengaluru City, for the offence punishable under Section 406, 420, 120B r/w 34 of IPC are quashed.
III. I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL/List No.: 1 Sl No.: 100