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2026 DAILYLAW 30298 (KAR)

SRI MOHIT GUPTA v. STATE OF KARNATAKA

CRL.P/10767/2026 · 2026-07-22

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10767 OF 2026 BETWEEN: SRI. MOHIT GUPTA, S/O JAGDISH CHAND GUPTA, AGED ABOUT 55 YEARS, MANAGING DIRECTOR, M/S INNOVATIONE INDIA PROJECTS LLP, HAVING REGISTERED OFFICE AT H.NO.583, GROUND FLOOR, CHIRAG DELHI, NEW DELHI-110047. ALSO AT: #G-85, G.K-3, MASJID MOTH, GREATER KAILASH, DEFENCE COLONY, NEW DELHI-110048. …PETITIONER (BY SRI. GNANESH H KEMPANNA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SAMPIGEHALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. 2. SRI. ANEESUR RAHAMAN KHAN, S/O RAJU UDDHIN KHAN, AGED ABOUT 43 YEARS, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 PROPRIETOR OF M/S ALL CRAFT FURNITURE, HAVING OFFICE AT NO.70/4, THANISANDRA MAIN ROAD, SRK NAGAR POST, ASHWATH NAGAR, BANGALORE - 560 077. …RESPONDENTS (BY SMT.WAHEEDA M.M, HCGP FOR R1; SRI.T.MOHANKUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.234/2026 OF THE RESPONDENT NO.1 SAMPIGEHALLI POLICE FOR THE OFFENCES P/U/S 316(2), 318(4), 351(2), 352 R/W 3(5) OF BNS, 2023 PENDING ON THE FILE OF THE LEARNED IV A.C.M.M AT BENGALURU. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, 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 Crime No.234/2026, pending before the IV A.C.M.M at Bengaluru, for the offences under Sections 316(2), 318(4), 351(2), 352 read with Section 3(5) of BNS, 2023. - 3 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 2. Heard Sri.Gnanesh H Kempanna, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.T.Mohan Kumar, learned 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 in that regard. The said joint memo reads as follows: “We, the undersigned Mr. Mohit Gupta, Managing Director, M/s Innovatione India Projects LLP aged about 55 years, having registered Office at H.No.583, Ground Floor Chirag Delhi, New Delhi- 110047, the Petitioner/Accused No.1; and Sri.Anish Alias Anisur Rahaman Khan, Proprietor of M/s All Craft Furniture, aged about 43 years, having office at No.70/4, Thanisandra Main Road, SRK Nagar Post Ashwath Nagar Bengaluru-560077, the Respondent No.2/Defacto- Complainant, do hereby state as follows: 1. We submit that Respondent No.2 lodged a complaint before Respondent.No.1/Sampigehalli Police Station, Bengaluru, for the offences punishable under section 316(2), 318(4), 351(2), 352 R/w 3(5) of BNS, 2023 which came to be registered as Crime No.234/2026 against the Petitioner/Accused No.1 & Others pending on the file of IV Addl CMM Court Bengaluru. - 4 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 2. We submit that the allegations in the complaint arose purely out of business and commercial transactions relating to manufacture and supply of furniture by the Respondent.No.2 to the Petitioner. 3. We submit that the in the said Complaint Respondent No.2 claimed that a sum of Rs. 1,56,02,516/- (Rupees One Crore Fifty-Six Lakhs Two Thousand Five Hundred Sixteen Only) remained outstanding towards the invoices raised by him which formed the principal subject matter of the dispute giving rise to the above Criminal case. 4. We submit that, during the pendency of the investigation, with the intervention of elders, well- wishers and on the advice of their counsels, the parties have amicably settled all their disputes and differences voluntarily, out of our own free will, without any force, coercion, undue influence or misrepresentation. 5. We submit that, under the terms of the settlement, although the total outstanding amount claimed by Respondent No.2 was Rs.1,56,02,516/- (Rupees One Crore Fifty-Six Lakhs Two Thousand Five Hundred Sixteen Only), the parties have mutually agreed to settle all their disputes arising out of the said business transactions, for a consolidated sum of Rs. 1,45,00,000/- (Rupees One Crore Forty-Five Lakhs Only), in full and final settlement of all claims. 6. We submit that, in terms of the settlement, the Petitioner has this day handed over a Demand Draft bearing No. 001267 dated 15/07/2026 for a sum of Rs.1,45,00,000/- (Rupees One Crore Forty-Five Lakhs Only) drawn on Bank of India, Chittaranjan Park Branch, New Delhi-110019, before this Hon'ble Court. Respondent No.2 hereby acknowledges the receipt of the said Demand Draft towards the full and final settlement amount and confirms that the same is accepted in complete satisfaction of all claims arising out of the transactions forming the subject matter of Crime No.234/2026. 7. We submit that, in terms of the settlement arrived at between us, all financial and other claims arising out of - 5 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 the transactions forming the subject matter of Crime No.234/2026 have been fully and finally resolved to our mutual satisfaction. 8. We submit that, Respondent No.2/Complainant acknowledges that he has received the agreed settlement amount in full and final satisfaction of all civil and criminal claims arising out of the transactions which are the subject matter of Crime No.234/2026 of Respondent.No.1 Sampigehalli Police and undertakes not to raise any further claim in relation thereto and declares that no amount remains due and payable by the Petitioner/Accused No.1 in respect of the subject matter of the complaint. 9. We further submit that the Respondent No.2 has also instituted Pre-Litigation Mediation Case No. PLM 1803/2026 arising out of the very same business transactions which are the subject matter of Crime No.234/2026. In view of the amicable settlement arrived at between the parties and the receipt of the full and final settlement amount, the Respondent No.2 hereby undertakes to withdraw the said Pre-Litigation Mediation Case No. PLM 1803/2026 and not to initiate or prosecute any further civil, commercial or other proceedings against the Petitioner in respect of the same cause of action or the transactions covered under the present settlement. 10. We submit that, Respondent No.2 further states that he has no subsisting grievance or claim whatsoever against the Petitioner/Accused No.1 and has no objection if this Hon'ble Court quash the FIR in Crime No.234/2026 of Sampigehalli Police Station and all consequential proceedings arising therefrom. 11. We respectfully submit that the dispute is purely private in nature, arising out of commercial transactions, and continuation of the criminal proceedings would serve no useful purpose. Quashing of the proceedings would promote peace and harmonious Business relationship between the parties and secure the ends of justice. 12. We therefore jointly request this Hon'ble Court to - 6 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 exercise its inherent jurisdiction quash the FIR in Crime No.234/2026 registered by Sampigehalli Police Station, Bengaluru, for the offences punishable under section 316(2), 318(4), 351(2), 352 R/w 3(5) of BNS, 2023 which is pending on the file of IV Addl CMM Court Bengaluru. 13. We state that this Joint Memo is executed voluntarily with full understanding of its contents and legal consequences, and in the interest of justice. We the undersigned declare that what stated in the above paras are true and correct to the best of our knowledge, belief and information.” 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 as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition. 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. - 7 - HC-KAR CNR: KAHC010498482026 NC: 2026:KHC:37879 CRL.P No. 10767 of 2026 [II] Proceedings in Crime No.234/2026, pending before the IV A.C.M.M at Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 82