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2026 DAILYLAW 46188 (KAR)

SRI. HARI ADURTY v. THE STATE OF KARNATAKA

WP/1741/2026 · 2026-01-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4252 WP No. 1741 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1741 OF 2026 (GM-RES) BETWEEN: 1. SRI. HARI ADURTY AGED 48 YEARS, S/O AVSN ROA 24-88/23/8/1 LAXMI NAGAR, EAST ANAND BAGH MALKAJGIRI NEAR RAILWAY GATE, HYDERBAD RANGAREDDI, ANDHRA PRADESH - 500 047. ALSO RESIDING AT 133, 185TH PL SW BOTHELL - 98012, WA 2. GANAPATHY SUBRAMANIAN SWAMINATHAN, AGED 46 YEARS, S/O SWAMINATHAN F-301, SIDHARTH UPSCALE, 76 KUNRATHUR MAIN ROAD, MADANANDAPURAM, PORUR, CHENNAI - 600 116. ALSO RESIDING AT: 25, WHITW LODGE CLOSE, SUTTON SM2 5TQ UNITED KINGDOM …PETITIONERS (BY SRI. ARNAV A. BAGALWADI, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4252 WP No. 1741 of 2026 AND: 1. THE STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION REP. BY SPP OFFICE HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. NIRANJAN N.Y AGED ABOUT 36 YEARS S/O NARAYANA RAO K NO.2, KILARI ROAD, AVENUE ROAD CROSS, BENGALURU - 560 053. 3. ICICI BANK LTD, 76/1, 27TH MAIN RD, 1ST SECTOR, HSR LAYOUT, BENGALURU, KARNATAKA 5601 REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. HITESH D, ADVOCATE FOR R2; SRI. FRANCIS XAVIER, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 28.09.2022 LODGED BY RESPONDENT NO.2 PURSUANT TO THE FIR DATED 28.09.2022, REGISTERED IN CRIME NO. 0230/2022 REGISTERED BY 1ST RESPONDENT HSR LAYOUT POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 403, 406 AND 420 OF THE INDIAN PENAL CODE, 1860, - 3 - HC-KAR NC: 2026:KHC:4252 WP No. 1741 of 2026 PENDING ON THE FILE OF 3RD ADDL. CJM COURT, NRUPATHUNGA ROAD, BANGALORE CITY VIDE ANNEXURE A AND B AND IN TERMS OF THE SETTLEMENT AGREEMENT DATED 26.12.2025 AS PER ANNEXURE H IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking quashment of the complaint on account of a settlement arrived at between the parties. The interim prayer sought is as follows: "Pending disposal of the above petition, this Hon'ble Court may be pleased to direct the Respondent No.3 to transfer a sum of Rs. 3,27,60,000/- (Rupees Three Crores, Twenty Seven lakhs and Sixty Thousand only) from A/c No. 035705003755 to the account of Mrs. Shermeen Arif Nathani, HDFD Bank, Account NO: 00161010009322, IFSC HDFC0000016, PALI HILL Bandra Branch and further direct ICICI Bank Bangalore to transfer a sum of Rs. 62,40,000/- (Rupees Sixty Two Lakhs and Twenty Four Thousand) from A/c No. 035705003755 into the account of Mr. Fayaz Patel, HDFC bank, NRO account No:00941010002529, IFSC code HDFC00000, Mangalore branch." 2. Heard Sri. Arnav A. Bagalwadi, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned - 4 - HC-KAR NC: 2026:KHC:4252 WP No. 1741 of 2026 HCGP appearing for respondent No.1, Sri. Hitesh D., learned counsel appearing for respondent No.2, Sri. Francis Xavier, learned counsel appearing for respondent No.3 and have perused the material on record. 3. The settlement being arrived at between the parties is a matter of record. The ICICI Bank was drawn into the proceedings only for the reason that the account is held at the ICICI Bank and the account transfer should be made in the light of the freezement of the account. 4. In the light of the settlement arrived at between the parties and the interim prayer being as afore-quoted, I deem it appropriate to close the proceedings by quashing the complaint against the petitioner with a direction for release of an amount of Rs.3,27,60,000/- in favour of one Smt. Arif Nathani and Rs.62,40,000/- in favour of one Sri. Fayaz Patel, who are the complainants in the case at hand. 5. The bank shall take appropriate steps towards the release of the amount in the accounts of the petitioners without brooking any delay. - 5 - HC-KAR NC: 2026:KHC:4252 WP No. 1741 of 2026 6. In the light of the aforesaid settlement, I deem it appropriate to pass the following: ORDER (i) Writ Petition stands disposed. (ii) The complaint dated 28.09.2022 lodged by respondent No.2 and registered as Crime No. 230/2022 by the HSR Layout Police Station stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 72 CT:BHK