- 1 - HC-KAR NC: 2026:KHC:35892 WP No. 5552 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 5552 OF 2022 (GM-RES) BETWEEN: 1. MR.H.J.SIWANI AGED ABOUT 62 YEARS S/O LATE J.K.SIWANI 2. MR.M.J.SIWANI AGED ABOUT 60 YEARS S/O LATE J.K.SIWANI BOTH ARE R/AT NO.14, CUNNINGHAM ROAD, BENGALURU - 560 052. …PETITIONERS [BY SRI ABHINAV R., ADVOCATE (PH)] AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE CUBBON PARK POLICE STATION KASTURBA ROAD BENGALURU - 560 002 REPRESENTED BY ITS STATION HOUSE OFFICER. 2. P DAYANAND PAI S/O LATE SRI NARASIMHA PAI AGED ABOUT 77 YEARS HAVING OFFICE AT: R/AT NO.10/1 LAKSHMINARAYANA COMPLEX GROUND FLOOR Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35892 WP No. 5552 of 2022 PALACE ROAD BENGALURU - 560 052. …RESPONDENTS [BY SMT. SOWMYA R., HCGP FOR R1 (PH); SRI VAMSHI CHANDRASHEKARA, ADVOCATE FOR R2 (PH)] THIS WRIT PETITION IS FILED UNDER THE ARTICLES 226 & 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH CHARGE SHEET / FINAL REPORT DATED 07.12.2021 REGISTERED BY RESPONDENT NO.1 POLICE AT ANNEXURE-G TO WRIT PETITION AND QUASH PROCEEDINGS IN C.C.NO.35443/2021 BEFORE VIII ACMM, BENGALURU AT ANNEXURE-H TO WRIT PETITION. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed for following reliefs: "i) A Writ in the nature of certiorari quashing the Charge Sheet /Final Report dated 07.12.2021 bearing No.69/2020 registered by the 1st Respondent Police at Annexure - 'G' to the Writ Petition. ii) A Writ in the nature of certiorari quashing the proceedings in C.C.No.35445/2021 before the VIII ACMM, Bengaluru at Annexure - 'H' to the Writ Petition. iii) Grant costs throughout; iv) Grant such other order/s as this Hon'ble Court deems fit to grant in the facts and circumstances - 3 - HC-KAR NC: 2026:KHC:35892 WP No. 5552 of 2022 of the case and in the interest of justice and equity." 2. Sri Abhinav R., learned counsel for petitioners submitted that on a complaint that in course of transactions pertaining to development of 22 Acres 3.44 guntas of land in Kothanuru-Raghuvanapalya village as per Joint Development Agreement (JDA) between parties herein, there was misappropriation of Rs.3,92,393/- and loss caused by offering discount to CWs.5 and 6 without bringing same to notice of CW.2, FIR was registered and charge sheet filed in CC no.35445/2021 on file of VIII ACMM, Bengaluru. Challenging same mainly on ground that dispute between parties was purely civil in nature, present writ petition was filed. 3. It is submitted that disputes have been settled in arbitration proceedings and parties had filed a joint memo, wherein complainant had consented for allowing of above petition and quashing of proceedings. Taking joint memo on record, learned counsel prayed for allowing petition. 4. Joint memo reads as follows: "JOINT MEMO The Petitioners and Respondent No. 2 most respectfully submit that, the Petitioners and Respondent - 4 - HC-KAR NC: 2026:KHC:35892 WP No. 5552 of 2022 No. 2 have settled their disputes between themselves and in view of the same this Hon'ble Court may be pleased to allow the Writ Petition by quashing the proceedings in C.C.NO.35445/2021 pending before the Learned VIII ACMM, Bengaluru, in the interest of justice and equity." 5. Learned counsel for respondent no.2-complainant voiced his support to petitioners' submission. 6. Learned HCGP for respondent no.1-State though lead this Court through contents of charge sheet is unable to substantiate that any of offences alleged have societal impact. 7. Heard learned counsel and perused material on record. 8. Perusal of complaint and charge sheet would indicate that in course of transaction pertaining to development of land, there were allegations of misappropriation and wrongful loss caused, which disputes were resolved. Transactions are purely inter parte and do not have any societal impact. In view of settlement, continuation of proceedings would be futile and would be abuse of process of Court. - 5 - HC-KAR NC: 2026:KHC:35892 WP No. 5552 of 2022 9. Hence, not only to secure ends of justice but also to prevent abuse of process of law, writ petition is allowed, proceedings in CC no.35445/2021 on file of VIII ACMM, Bengaluru, stand quashed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 6