- 1 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 32955 OF 2024 (GM-RES) C/W WRIT PETITION NO. 26584 OF 2024 (GM-RES) IN WP No. 32955/2024 BETWEEN: MR. S.K. KHUSHDIL, AGED ABOUT 71 YEARS, S/O. LATE MR. D. R. KHUSHDIL, RESIDING AT 16 AND 17, ’C’ CROSS, 43RD MAIN, IDEAL HOMES TOWNSHIP, 2ND STAGE, RAJARAJESHWARI NAGAR, BENGALURU, KARNATAKA-560 098, INDIA. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. P. CHINNAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH CCB EOW SQUAD POLICE STATION, REPRESENTED HEREIN BY THE PUBLIC PROSECUTOR. 2. MR. DAVID NATHANIEL, AGED ABOUT 59 YEARS, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 SECRETARY, BALDWIN METHODIST EDUCATION SOCIETY, HAVING OFFICE AT NO. 13, CONVENT ROAD, MUSEUM ROAD POST, BENGALURU, KARNATAKA-560 027, INDIA. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI. M. SUNIL SASTRY, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTION 528 OF THE BNSS, 2023 PRAYING TO A) CALL FOR RECORDS IN CC NO. 10236/2023 ON THE FILE OF THE HON’BLE COURT OF THE LD. I ADDL CHIEF METROPOLITAN MAGISTRATE, BENGALURU; B) ALLOW THE PRESENT PETITION; C) CONSEQUENTLY, QUASH THE IMPUGNED ORDER DATED 29.07.2022 (ANNEXURE-E) IN CRIME NO. 368/2017 PASSED BY THE HON’BLE COURT OF THE LD. I ADDL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN SO FAR AS IT RELATES TO THE PETITIONER HEREIN AND ETC. IN WP NO. 26584/2024 BETWEEN: 1. MR. DINAKAR WILSON, AGED ABOUT 71 YEARS, S/O W. WILSON, RESIDING AT F-1, TUSCAN SHARIFA, NO.10, BERLEY STREET CROSS ROAD, LANGFORD TOWN, BENGALURU, KARNATAKA - 560 025, INDIA. (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. MS. INDIRA KATHERINE WILLIAMS, AGED ABOUT 72 YEARS, - 3 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 W/O MR. ANDREW WILLIAMS, RESIDING AT T-4, BE STILL APARTMENT, DODDAGUBBI MAIN ROAD, KYALASANAHALLI, KOTHANUR, BENGALURU, KARNATAKA - 560077. INDIA. (SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONERS (BY SRI. SHESHA KARTHIK M REDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH CCB EOW SQUAD POLICE STATION, REPRESENTED HEREIN BY THE PUBLIC PROSECUTOR. 2. MR. DAVID NATHANIEL, AGED ABOUT 59 YEARS, SECRETARY, BALDWIN METHODIST EDUCATION SOCIETY, HAVING OFFICE AT NO. 13, CONVENT ROAD, MUSEUM ROAD POST, BENGALURU, KARNATAKA – 560027, INDIA. ...RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI.M.SUNIL SASTRY, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTION 528 OF THE BNSS, 2023/SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO A) CALL FOR RECORDS IN C.C.NO. 10326/2023 ON THE FILE OF THE HONBLE COURT OF THE LD. I ADDITIONAL CHIEF - 4 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 METROPOLITAN MAGISTRATE, BENGALURU; B) QUASH THE IMPUGNED ORDER DATED 29.07.2022 (ANNEXURE-A) IN CRIME NO. 368/2017 PASSED BY THE HON’BLE COURT OF THE LD. I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN SO FAR AS IT RELATES TO THE PETITIONERS HEREIN AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In W.P.No.32955/2024, the petitioner is before the Court seeking the following prayers: “A) Call for records in C. C. No. 10236/2023 on the file of the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru; (B) Allow the present Petition; (C) Consequently, quash the Impugned Order dated 29.07.2022 ("Annexure - E") in Crime No.368/2017 passed by the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru, in so far as it relates to the Petitioner herein; (D) Consequently, quash the Impugned Order dated 24.04.2023 ("Annexure F") in Crime No.368/2017 passed by the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru, in so far as it relates to the Petitioner herein; (E) Consequently, quash the related proceedings in C.C.No.10236/2023 on the file of the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru for the alleged offenses under Ss. 418, 426, 468, 471, - 5 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 477-A read with 34 of the Indian Penal Code, 1860 ("Annexure - G") as against the Petitioner herein; (F) Pass such other order or orders as deemed fit in the facts and circumstances of the case, - in the interests of justice and equity.” 2. In W.P.No.26584/2024, the petitioners are before the Court seeking the following prayers: “(A) Call for records in C. C. No. 10326/2023 on the file of the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru; (B) Issue a Writ of Certiorari or any other Writ, order or direction quashing the Impugned Order dated 29.07.2022 ("Annexure A") in Crime No. 368/2017 passed by the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru, in so far as it relates to the Petitioners herein; (C) Issue a Writ of Certiorari or any other Writ, order or direction quashing Impugned Order dated 24.04.2023 ("Annexure B") in Crime No. 368/2017 passed by the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru, in so far as it relates to the Petitioners herein; (D) Issue a Writ of Certiorari or Mandamus or any other Writ quashing related proceedings in C. C. No. 10326/2023 on the file of the Hon'ble Court of the Ld. I Additional Chief Metropolitan Magistrate, Bengaluru for the alleged offenses under Ss. 418, 426, 468, 471, 477-A read with 34 of the Indian Penal Code, 1860 ("Annexure H") as against the Petitioners herein; (E) Pass such other order or orders as deemed fit in the facts and circumstances of the case, in the interests of justice and equity.” - 6 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 3. In W.P.No.32955/2024, heard Sri.P.Chinnappa, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.M.Sunil Sastry, learned counsel appearing for respondent No.2. In W.P.No.26584/2024, heard Sri.Shesha Karthik M. Reddy, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.M.Sunil Sastry, learned counsel appearing for respondent No.2 and have perused the material on record. 4. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves. 5. In W.P.No.32955/2024, the parties to the lis have filed a Joint Memo and the Joint Affidavit in that regard. The joint affidavit reads as follows: “We, Sri S. K Khushdil, S/o. Late D R Khushdil, aged about 73 years, R/a #16 & 17 C Cross, 43rd Main, Ideal Home Township, 2nd Stage, Rajarajeshwarinagar, Bangalore, Karnataka - 560098 and Mr. David Nathaniel, aged about 59 years, Secretary, Baldwin Methodist Education Society, having office at No. 13, Convent Road, Museum Road Post, Bengaluru, Karnataka- 560027, do hereby solemnly affirm and state on oath as under: - 7 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 1. We state that we being the Petitioner and Respondent No.2, in the instant case and we are well versed with the facts and circumstances of the case and we are competent to swear to this affidavit. 2. We state that the Respondent No.2 had initiated proceedings under section 415, 418, 425, 463, 464, 468, 469, 471, 477A, 481, 486, and 489 of the Indian Penal Code, 1860 vide complaint dated 20.09.2017 which culminated into FIR No.368/2017 dated 20.09.2017 and subsequently into C.C no. 10236/2023 all pending on the files of Hon'ble 1st Additional Chief Metropolitan Magistrate, Bengaluru. 3. We state that as per the advice of the well-wishers and others, we have settled the disputes privy to Prime Books and Institutions coming under Baldwin Methodist Education Society in terms of Joint memo dated 26.09.2025 settled before the Lokadalath, in the Court of the LXXXII Additional City Civil and Sessions Judge (Commercial Court CCH No 83) at Bengaluru in Commercial OS No.272/2025, 273/2025, 274/2025. 4. We state that the concerned parties have acted on the said settlement and have withdrawn various other Lis privy to their sister concerns and group institutions, copy of the said Joint Memo under Section 89 and 151 read with Order 23 Rule 3 of Code of Civil Procedure is annexed before this Hon'ble Court, in terms of the same, various Lis has been withdrawn as contained in Document no. 2 annexed to the Joint Memo, without prejudice in view of the holistic settlement as traversed supra all the dispute between the Petitioner and the Respondent no.2 including those contained and alleged in Complaint dated 20/09/2017, FIR No.368/2017 dated 20.09.2017 and CC no. 10236/2023 all pending on the files of Hon'ble 1st Additional Chief Metropolitan Magistrate, Bengaluru have been settled/compromised in Toto. 5. We state in terms and consequence of the amicable settlement between the Parties hereto each of the Parties withdraw all allegations, accusations, assertions, averments, claims, complaints and contentions made against each other. - 8 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 6. We state that being the reason, this Hon'ble Court be pleased to quash the in Complaint dated 20.09.2017, FIR No. 368/2017 dated 20.09.2017 and CC no. 10236/2023 in relation to offence under section 415, 418, 425, 463, 464, 468, 469, 471, 477(A), 481, 486 all pending on the files of Hon'ble 1st Additional Chief Metropolitan Magistrate at Bengaluru in accordance of Laws for time being-in force. 7. We hereby confirm and undertake to refrain from reviving /continuing / initiating any legal action or proceedings, whatsoever, against any one or more of the other Parties hereto, on the back of all that which has been contended /pleaded/ raised in the said Proceedings. 8. We, state that we hereby agree, confirm, and declare that the compromise / settlement in terms of this present Joint Affidavit, we have entered into is out of our free will and volition of the parties hereto, without any coercion or undue influence. 9. We, state hereto have sought and received advice from their respective advocates /'legal counsels and their well- wishers. 10. We, state that in view of the compromise / settlement arrived at, the parties hereto are desirous of placing this present Joint Affidavit on record and persuading this Hon'ble Court to quash the Complaint dated 20.09.2017, FIR No.368/2017 dated 20.09.2017 and C.C no. 10236/2023 for offence under section 415, 418, 425, 463, 464, 468, 469, 471, 477(A), 481, 486, and 489 in CC No. 10236/2023, pending on the files of Hon'ble 1st Additional chief Metropolitan Magistrate at Bangalore in accordance of Law for time being in force on agreed terms. WHEREFORE, the parties humbly prays that this Hon'ble Court be pleased to accept the Joint Affidavit on record and quash the Proceedings in Complaint dated 20.09.2017, FIR No.368/2017 dated 20.09.2017 and C.C no. 10236/2023 for offence under section 415, 418, 425, 463, 464, 468, 469, 471, 477(A), 481, 486, and 489 in CC No. 10236/2023, pending on the files of Hon'ble 1st Additional chief Metropolitan Magistrate at Bangalore to meet the ends of justice. We state that the contents from Para no.1 to Para no.10 of this Joint affidavit are truę and correct to the best of our - 9 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 knowledge, information and belief. We state that this is our true name and signature.” 6. In W.P.No.26584/2024, the parties to the lis have filed a compounding application, which reads as follows: "The Petitioners and the Respondent no. 2 most humbly submit that: 1. The Original Complainant / Respondent No.2 and the Accused No. 1 in the C.C. No. 10236/2023 (being main accused in the Complaint dated 20.09.2017 and F.I.R. No. 368 / 2017 dated 20.09.2017) have amicably settled all claims and disputes inter-se in full and final. Accordingly, nothing survives for further consideration even as against the Petitioners. 2. For clarity, the Parties hereto unconditionally and irrevocably withdraw all allegations, accusations, assertions, averments, claims, complaints and contentions made against each other in the Complaint dated 20.09.2017, FIR No.368/2017 dated 20.09.2017 and CC No. 10236/2023 pending on the files of Hon'ble 1st Additional Chief Metropolitan Magistrate at Bangalore for offence under Section 415, 418, 425, 463, 464, 468, 469, 471, 477(A), 481, 486 and 489 of the Indian Penal Code, 1860. Accordingly, the Parties hereto also agree, confirm and undertake to refrain from reviving/continuing/initiating any proceedings against each other. 3. The Parties hereto further agree, confirm and declare that the present Memo is entered into in good faith and on a without prejudice basis. The same does not mean, in any manner whatsoever, that the Parties hereto admit or concede to any of the allegations, accusations, assertions, averments, claims, complaints and contentions made against each other. 4. The Parties hereto further agree, confirm, and declare that the present Memo is entered into out of the free will and volition of the Parties, and without any coercion, or - 10 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 undue influence, and after the Parties have sought and received advice from their respective advocates / legal counsels and their well-wishers. WHEREFORE it is humbly prayed that this Hon'ble High Court be pleased to accept this Joint Memo on record and quash the Impugned Complaint, Orders, and Proceedings in C. C. No. 10236 / 2023 against the Petitioners, in the interests of justice and equity." 7. The parties to the lis are present before the Court and are identified by their respective counsels. 8. In the light of Joint Memo and the Joint Affidavit filed in W.P.No.32955/2024 and the application for compounding being filed in W.P.No.26584/2024, and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner(s) in the subject petitions. 9. For the aforesaid reasons, the following: ORDER [I] Writ Petitions are disposed. - 11 - HC-KAR NC: 2026:KHC:34116 WP No. 32955 of 2024 C/W WP No. 26584 of 2024 [II] In W.P.No.32955/2024, the impugned orders dated 29.07.2022 and 24.04.2023 in Crime No.368/2017 passed by the I Additional Chief Metropolitan Magistrate, Bengaluru and consequently, related proceedings in C.C.No.10236/2023 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioner. [III] In W.P.No.26584/2024, the impugned orders dated 29.07.2022 and 24.04.2023 in Crime No.368/2017 passed by the I Additional Chief Metropolitan Magistrate, Bengaluru and consequently, related proceedings in C.C.No.10236/2023 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 65