- 1 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5939 OF 2023 BETWEEN: MR AVINASH PRABHU, S/O MR. P.J.R. PRABHU, AGED ABOUT 50 YEARS, MANAGING DIRECTOR OF M/S SKYLINE CONSTRUCTIONS AND HOLDING PVT LTD., R/O F-03, HULKUL RESIDENCY, LAVELLE ROAD, RICHMOND CIRCLE, BENGALURU - 560 001. …PETITIONER (BY SRI. I.S PRAMOD CHANDRA., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KOTTANUR POLICE, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. MR. SYED JAVEED AGHA, S/O MR. S.K.A. AGHA, AGED ABOUT 68 YEARS, R/O NO.03, TRINITY ORCHID, HENNUR MAIN ROAD, 3RD CROSS, JANAKIRAM LAYOUT, GEDDALAHALLI, BENGALURU - 560 077. …RESPONDENTS (BY SMT.DEEPTHI ALVA, HCGP FOR R1; SRI.L.K.MANJUNATHA, ADVOCATE FOR R2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 12.08.2020, PASSED BY THE LEARNED IV A.C.M.M, BENGALURU METROPOLITAN AREA AT BENGALURU IN C.C.NO.7847/2020 TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 406 & 420 OF IPC AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.7847/2020, pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 406 and 420 of the Indian Penal Code. 2. Heard Sri.I.S.Pramod Chandra, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.L.K.Manjunatha, learned - 3 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memo/Compromise Petition, which reads as follows: “The Petitioner and Respondent No.2 above named most respectfully submit as follows:- 1. The above Criminal Petition has been filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in C.C. No. 7847/2020 pending on the file of the learned IV Addl. Chief Metropolitan Magistrate, Bengaluru City, arising out of Crime No. 168/2017 of Kottanur Police Station, Bengaluru City, registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code, on the basis of the complaint lodged by Respondent No. 2 and Mrs. Latha Prasad, cited as C.W.-2 in the Charge Sheet. 2. The dispute between the Petitioner and Respondent No. 2 and C.W.-2 Mrs. Latha Raj pertains to a transaction for purchase of a residential flat in the project known as 'Skyline Aura', developed by M/s Skyline Constructions & Housing Pvt. Ltd., wherein Respondent No. 2 had agreed to purchase a flat and had paid consideration amounts to the Petitioner's company. Respondent No. 2 and C.W.-2 made certain payments pursuant to the terms of the Agreement but however, the project got delayed and possession of the Flat was not handed over to Respondent No. 2 in terms of the Agreement. As such, Respondent No. 2 filed a complaint / first information with the Kottanur Police Station, pursuant to which a case in Cr. No. 168/2017 was - 4 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 registered for the offence punishable under Secs. 409 & 420, I.P.C. against the Petitioner & Ors. 3. Investigation was carried on by the Respondent Police after which a Charge Sheet against the Petitioner herein for offences punishable under Secs. 406 & 420, I.P.C. Further, as the ingredients of the offences of Sec. 420, I.P.C. are not made out in the facts and circumstances of the case for the grounds detailed in the Petition, the present Criminal Petition is filed seeking quashing of the Order dated 12.08.2020 taking cognizance against the Petitioner for the aforesaid offences and also for quashing of all further proceedings. This Hon'ble Court, upon consideration of the interim prayer was pleased to grant an ad-interim order of stay of all further proceedings pending before the learned Magistrate. 4. It is submitted in the meanwhile, with the intervention of elders, friends and well-wishers, the parties have amicably resolved and settled all their disputes and differences in respect of the said transaction as well as in relation to the complaint and the resulting criminal proceedings. 5. As per the terms of settlement, the Petitioner has agreed to hand over / has handed over vacant and peaceful possession of the residential flat bearing No.A-302, on the Third Floor, in the project 'Skyline Aura', situated at land bearing Sy. No. 45 of K. Narayanapura Village, Bangalore, along with proportionate undivided share in the land and right to use the common areas, amenities and facilities, to Respondent No. 2, and to execute and register the necessary Sale Deed / Deed of Conveyance and to hand over all relevant title and project documents, as and when the need arises and today, the Keys of the Flat are being handed over to the custody of Respondent No. 2 and Mrs. Latha Raj, who was the Co-complainant in the case and arraigned as CW-2 in the Charge Sheet. CW-2 Mrs. Latharaj is being handed over the keys and possession of the Flat bearing No. B-201, 2nd Floor, in the project 'Skyline Aura', situated at land bearing Sy. No. 45 of K. Narayanapura Village, Bangalore. - 5 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 6. It is submitted that both Respondent No. 2 and C.W-2 in the case acknowledge and confirm the said settlement and the Petitioner's obligations and further state that upon completion of the said obligations they have no further or surviving claim, grievance or monetary demand of any nature whatsoever against the Petitioner or M/s Skyline Constructions & Housing Pvt. Ltd. in relation to the said transaction or to the subject matter of the above criminal case. 7. In view of the above amicable settlement, Respondent No. 2 does not desire to prosecute the complaint or to continue the criminal proceedings in C.C. No. 7847/2020 and have no objection to the quashing of the said proceedings as against the Petitioner. So also C.W.-2 Mrs. Latha Raj, who is the co-complainant before the Police, does not want to prosecute the case as against Petitioner herein. 8. The parties submit that the dispute is of a private and commercial / civil nature arising from a contractual transaction; that they have voluntarily entered into the settlement of their own volition without any coercion, force, threat or undue influence; and that continuance of the criminal proceedings would be an abuse of the process of Court and serve no fruitful purpose and that the settlement arrived at and being reported before this Hon'ble Court is in the interest of both the parties. WHEREFORE, it is humbly pray that this Hon'ble Court may be pleased to: a) Take this Joint Memo / Compromise Petition on record and record the settlement between the Petitioner and Respondent No. 2 and C.W.-2; and b) Quash the entire proceedings in C.C. No. 7847/2020 arising out of Crime No. 168/2017 of Kathanur Police Station, Bengaluru City, pending on the file of the learned IV Addl. Chief Metropolitan Magistrate, Bengaluru City, in so far as the Petitioner is concerned, for the offences punishable under Secs. 406 & 420, I.P.C.; and/or - 6 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 c) Pass such other and further orders as this Hon'ble Court may deem fit in the interest of justice and equity.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Joint Memo/Compromise Petition as quoted supra being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the said Joint Memo/Compromise Petition and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Order dated 12.08.2020 passed by the IV Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.7847/2020, taking cognizance against the petitioner for offences punishable under Sections 406 and 420 of Indian Penal Code, is set-aside. - 7 - HC-KAR NC: 2026:KHC:31869 CRL.P No. 5939 of 2023 [III] Proceedings in C.C.No.7847/2020, pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 44