- 1 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5894 OF 2025 BETWEEN: 1. SRI. AVNASH AMARLAL S/O ASSARDAS AMARLAL AGED ABOUT 54 YEARS RESIDING AT NO. 21B KINGFISHER TOWERS NO. 44 KASTURBA CROSS ROAD SAMPANGIRAMANAGAR BENGALURU - 560 001. 2. SMT. EKTA A. KUKREJA W/O AVNASH AMARLAL AGED ABOUT 50 YEARS RESIDING AT NO. 21B KINGFISHER TOWERS NO. 44 KASTURBA CROSS ROAD SAMPANGIRAMANAGAR BENGALURU - 560 001. …PETITIONERS (BY SRI. G.L. VISHWANATH, SR. COUNSEL FOR SRI. SOURABH R.K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE AVALAHALLI POLICE STATION Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. 2. SALEEM JAHANGEER KIRMANI CEO OF IBC GROUP (ON BEHALF OF ZIAULLA SHERIFF), S/O MOHAMAD SHAH KIRMANI AGED ABOUT 57 YEARS DIAMOND DISTRICT, CORPORATE TOWER B, 9TH FLOOR 15, OLD AIRPORT ROAD BENGALURU - 560 008. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO. 125/2025, U/S 126(2), 189(2), 190, 191(2), 191(3), 324(4), 329(3) AND 351(2) OF BNS, 2023, REGISTERED BY AVALAHALLY P.S., PRODUCED IN ANNEXURE- A, AND FURTHER INVESTIGATION PENDING ON THE FILE OF THE HONBLE ACJM, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners call in question registration of a crime in crime No.125/2025 registered for an offence punishable under Sections 126(2), 189(2), 190, 191(2), 191(3), 324(4), 329(3), 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri. G.l. Vishwanath, learned Senior counsel for Sri. Sourabh R.K., learned counsel appearing for the petitioners, Sri. M.M. Ashoka, learned counsel appearing for the petitioners and Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and the compromise petition reads as follows: “COMPROMISE PETITION UNDER ORDER XXIII RULE 3 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE. 1. The Plaintiff admits and acknowledges that the Defendants 1, 2 and late Kavita Bai Arjunlal were the absolute owners who were in possession and enjoyment - 4 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 of the Suit Schedule Properties till the constitution of the Firm. 2. The Plaintiff admits and acknowledges that the Suit Schedule Properties were brought into the Partnership Firm Tulip Enterprises (D3) under the Partnership Deed dated 01.04.2023 registered as Firm No.RJR-F-196-2024- 25 before Registrar of Firms, Rajajinagar. Pursuant to Deed of Retirement and Reconstitution dated as 28.09.2023 registered Doc. No.13319/2023-24 before Sub-Registrar, Banaswadi. The Firm Tulip Enterprises has been the absolute owner in possession and enjoyment of the Suit Schedule Properties. This aspect is reflected in the revenue records, MR, RTC, Khatha and application for change of land use submitted to BDA and in the BESCOM meters, etc. 3. Neither the Plaintiff nor any persons claiming under him have been in possession of the Schedule Properties at any time; nor any other company/entity or third party have got any possession right, interest or claim in relation to the Suit Schedule property under the alleged agreements and/or otherwise. The Plaintiff acknowledges that M/s. Noor Ahmad Sheriff, late Zahoor Ahmad Sheriff and Abdul Salaam were also never in possession of the Suit Schedule Properties and they are non-signatories to the documents dated 08.01.1978. 4. The Plaintiff confirms that he has not executed any agreement or other document conveying or assigning any right or interest in the Suit Schedule Properties to any third parties or entities and if any such third party were to raise any claim thereof, the same will be devoid of merit. The Plaintiff shall indemnify the Defendants from any claim or demand in respect of the Schedule Properties at his cost and expenses. 5. The Plaintiff confirms and acknowledges that he has not encumbered or otherwise dealt with other properties with any third parties on the strength of the documents dated 08.01.1978, nor has he received any money/advances or other consideration by whatever name called, in respect of the Suit Schedule Properties from any third parties. - 5 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 6. The Plaintiff confirms to have released and relinquished all his right and interest, if any in the Suit Schedule Properties to the Defendant Nos.3 to 5 herein and recognises them as absolute owner in possession of the Schedule Properties. 7. The Plaintiff confirms that the original title documents with respect to Item Nos.1 to 4 of the Suit Schedule Properties mentioned in Para-II are with the Defendants. 8. The Plaintiff confirms that the company Varma Industrial Pvt. Ltd. was not in possession of the Schedule Property although mentioned, in para 13 and 14 of the Plaint. All other Plaint averments are withdrawn. 9. The Plaintiff is hereby withdrawing and abandoning his suit against Defendant Nos. 1, 2, 6 and 7. The compromise is restricted to Defendant Nos.3 to 5. 10. The Plaintiff is giving up his reliefs in prayer (a), (b), (c) and (d) of the Plaint seeking declaration that the Partnership Deed dated 01.04.2023 is void; that the Deed of Retirement and Reconstitution dated 28.09.2023 is void; that the Defendants are not owners of the Suit Schedule Properties; and that the act of including the Suit Schedule Properties as assets of the Partnership Firm "M/s. Tulip Enterprises" as illegal and sham. All these reliefs are withdrawn by the Plaintiff and not pressed. 11. The Plaintiff does not press reliefs (e) and (f) and the same may be dismissed as withdrawn. 12. In consideration of the present compromise the Defendants 3 to 5 have agreed to pay a total sum of Rs. 134.50 Crores to the Plaintiff. Out of this, a sum of Rs.25 Crores has already been paid on 25.04.2025. Α further sum of Rs.7.50 Crores has been paid on 05.05.2025 to the M/s. Platinum City under the instruction of the Plaintiff. The Plaintiff admits and acknowledges having received this advance amount of Rs.32.50 Crores. The balance amount of Rs. 102 Crores is tendered by Defendant Nos.3 to 5 to the Plaintiff as under: a) DD No.115571 dated 01.09.2025 drawn on J & K Bank, for Rs.42 Crores b) DD No.115572 dated 01.09.2025 drawn on J & K Bank, for Rs. 20. Crores - 6 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 c) DD No.115573 dated 01.09.2025 drawn on J & K Bank, for Rs.20 Crores d) DD No.115574 dated 01.09.2025 drawn on J & K Bank, for Rs.20 Crores 13. The Plaintiff acknowledges receipt of the full payment of Rs.134.50 Crores from the Defendant Nos. 3 to 5 in full and final settlement of all disputes between the parties. 14. The Plaintiff has no objection to O.S.No.379/2025 being decreed for which the Plaintiff has signed and submitted a memo of undertaking which may be submitted to the Hon'ble Court. The Plaintiff or anyone claiming through him will not interfere with the possession and enjoyment of the Defendants or anyone claiming through them. 15. Prior Draft Compromise 15.1 At the time of negotiating the settlement, the parties had entered Two draft compromise petitions were signed and kept in Escrow with respected and reputed builder in whom both parties had faith and confidence. 15.2 Pursuant thereof the Defendant Nos.3 to 5 made part payment of Rs.32.50 Crores to the Plaintiff in the presence of the Escrow. 15.3 The Defendant Nos.3 to 5 had also placed post-dated cheques bearing Nos.155309 to 155316 all drawn on J & K Bank, Mission Road Branch aggregating to Rs.80 Crore. 15.4 With the execution of this compromise, those draft documents will have no further bearing or legal effect, even if copies are with the respective parties or their agents. 15.5 The cheques for Rs.80 Crore kept with the Plaintiff are returned back to the Defendant No.3 to 5. 15.6 It is agreed that only the terms and conditions of this compromise will prevail between the parties and all persons claiming through them. - 7 - HC-KAR NC: 2026:KHC:2734 CRL.P No. 5894 of 2025 16. The litigation mentioned in Para VI (a) to (c) will stand withdrawn by the respective parties in view of this compromise. 17. The Plaintiff & Defendants are both co-defendants in OS No 2425/25. The plaintiff will assist & cooperate in getting that suit and/or any other proceedings against the schedule properties to be dismissed, so that the title and possession of the defendants remains unaffected. 18. Neither Party or their heirs shall re-open or question this compromise in future. Each Party has obtained independent legal advice in entering this compromise." 4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following: ORDER i. Criminal Petition is disposed. ii. Registration of a crime against the petitioners in crime No.125/2025 pending before ACJM, Bengaluru Rural District stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 1