Writ Petition No. 33479 of 2019 · The High Court
Case Details
- 1 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 33479 OF 2019 (GM-RES) WRIT PETITION NO. 33485 OF 2019 (GM-RES) C/W IN WP No. 33479/2019 BETWEEN: 1. SHRI. SUSHIL PANDURANG MANTRI, S/O SHRI. PANDURANG MANTRI, AGED ABOUT 57 YEARS, MANAGING DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001.
Legal Reasoning
2. SHRI. PRATIK SUSHIL MANTRI S/O SHRI. SUSHIL MANTRI AGED ABOUT 30 YEARS, MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001. 3. SMT. SNEHAL SUSHIL MANTRI W/O SHRI SHRI SUSHIL MANTRI AGED ABOUT 28 YEARS MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD., Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 …PETITIONERS MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001 (BY SMT. VANDANA P.L, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, BANGALORE CITY - 560 001, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. RADHAKRISHNA A. CHAWLA, S/O ALIDAS L CHAWLA, AGED ABOUT 63 YEARS, RESIDING AT NO.39, 1ST MAIN ROAD, 1ST B CROSS, ASHWATHNAGAR EXTENSION, RMV 2ND STAGE, BANGALORE - 560 094. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYAM, HCGP FOR R1; SMT. JAITHRA J. NARAYAN, ADVOCATE FOR R2) THIS W.P IS FILED UNDER ARTICLES PRAYING TO QUASH THE COMPLAINT DATED 25.07.2019 AND RESULTANT FIR DATED 27.07.2019 IN CRIME NO.141/2019 OF THE RESPONDENT CUBBON PARK POLICE AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE U/S 406, 409, 420, 120B AND 34 OF IPC PENDING ON THE FILE OF IV ADDL. CMM COURT, - 3 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 NRUPATHUNGA ROAD, BANGALORE (VIDE ANNX-A AND B TO THE PETITION) IN WP NO. 33485/2019 BETWEEN: 1. SHRI. SUSHIL PANDURANG MANTRI, S/O SHRI. PANDURANG MANTRI, AGED ABOUT 57 YEARS, MANAGING DIRECTOR, M/S. MANTRI DEVELOPERS PVT. LTD., MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001. 2. SHRI. PRATIK SUSHIL MANTRI S/O SHRI. SUSHIL MANTRI AGED ABOUT 30 YEARS, MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001. 3. SMT. SNEHAL SUSHIL MANTRI W/O SHRI SHRI SUSHIL MANTRI AGED ABOUT 28 YEARS MANAGING DIRECTOR M/S MANTRI DEVELOPERS PVT LTD., MANTRI HOUSE, VITTAL MALLYA ROAD BANGALORE CITY, BANGALORE - 560 001 (BY SMT. VANDANA P.L, ADVOCATE) ...PETITIONERS - 4 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 AND: 1. THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, BANGALORE CITY - 560 001, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE - 560 102. 2. MR. N. JAYAPAL REDDY S/O LATE G.N. NARAYAN REDDY AGED ABOUT 49 YEARS NO.24, 24TH MAIN, 7TH CROSS, HSR LAYOUT, SECTOR 1, AGARA, BANGALORE - 560 102. ...RESPONDENTS (BY SRI. RAJATH SUBRAMANYAM, HCGP FOR R1; SMT. JAITHRA J. NARAYAN, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 27.07.2019 AND RESULTANT FIR DATED 27.07.2019 IN CRIME NO.143/2019 OF THE RESPONDENT CUBBON PARK POLICE AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE U/S 406, 409, 420, 120B AND 34 OF IPC PENDING ON THE FILE OF IV ADDNL CMM COURT, NRUPATHUNGA ROAD, BANGALORE (VIDE ANNEXURE-A AND B TO THE PETITION AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER W.P.No.33479/2019 is preferred by the petitioners to quash the complaint dated 25.07.2019 and resultant FIR dated 27.07.2019 in Crime No.141/2019 registered at Cubbon park Police Station against the petitioners for offence Punishable under Section 406, 409, 420, 120-B read with Section 34 of IPC. 2. W.P.No.33485/2019 is preferred by the petitioner to quash the complaint dated 27.07.2019 and resultant FIR dated 28.07.2019 in Crime No.143/2019 registered at Cubbon park Police Station against the petitioners for offences Punishable under Section 406, 409, 420, 120-B read with Section 34 of IPC. 3. Both the proceedings are pending before the IV Additional CMM Court, Nrupatunga road, Bengaluru. 4. In W.P.No.33479/2019, respondent No.2/defacto complainant Mr.Radhakrishna A Chawla has filed an affidavit seeking permission of the Court to withdraw the complaint - 6 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 lodged with the Cubbon park Police Station against the petitioners herein, Mantri Developers and its directors. 5. It is stated in the affidavit that the complainant has received the refund and all the claims are settled. Affidavit reads as under: I, Mr. Radhakrishna Chawla, Aged about 66 years, residing at No.39, 1st Main Road, 1st B Cross, Ashwanthanagar stage, Bengaluru-560094., do hereby solemnly affirm and sincerely state on oath as follows:- RMV Ex., 2nd 1. That I have registered a complaint against Mantri Developers Pvt. Ltd., for fraud and cheating before the Cubbon Park Police Station on 27/07/2019 The Cubbon Park Police Station has filed an FIR 0141/2019. The said complaint was made as Mantri Developer Pvt. Ltd., the had failed to give possession and the project was delayed. I had booked an apartment Q-703 in "Mantri Webcity" developed by the said Mantri Developers Pvt. Ltd situated at Nagareshwara Nagenahalli and Kothanur Village, KR Puram Hobli, Bangalore South Taluk, Bangalore. I had entered into an Agreement of sale and Agreement for Construction both dated 26-04-2014 with respect to apartment Q-703. I had also filed a complaint before RERA in CMP 181114/0001631 for refund of the sale consideration amount paid to the developer. The Adjudicating Officer, RERA has passed an Order in the said CMP/181114/0001631 on 20.03.2019 2. That On 03-01-2023 I have cancelled the Agreement of sale and Agreement for Construction both dated 26-04-2014 with respect to apartment Q- 703 at webcity. And I have opted for refund of money. - 7 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 3. That after mutual discussion with the Developer, Mantri Developers Pvt. Ltd, I came to know that due to various economical crunches in the real estate and even Mantri Developers also could not complete the construction work in their projects and there is delay in handing over the apartments to its customers. Now that Mantri Developers Pvt. Ltd has refunded my amount paid by me towards the sale consideration, with this I have no other claims against Mantri developers Pvt. Ltd., Mr. Sushil Mantri, Mr. Pratik Mantri, Mrs. Snehal Mantri and its Directors as all the money paid by me is settled in full and final settlement. 4 Based on this settlement I have received an amount of Rs. 25,04,994/- through Searing No 601241 drawn on 29-12-2022 Bank, Punjab national bank indiranagar branch and the balance money will be paid to PNBHFL by the developer. Hence, I intent to withdraw my complaint, all my allegations made in the complaint against Mantri Developers Pvt. Ltd, Mr. Sushil Mantri, Mr. Pratik Mantri, Mrs. Snehal Mantri and its Directors as they have not cheated me with my money and there is no false promise by any of them. 5. It is submitted that as I have received my refund and all my claims are settled, I hereby cancels the sale and construction agreements and ready to amicably settle with subject to withdrawal of all Criminal cases / all unknown cases filed by the PNB Housing Finance Limited against Second party and also subject to issue of NOC/NDC from PNB Housing Finance Limited 6. I may be permitted to withdraw my complaint made before Cubbon Park Police Station on 27/07/2019 against Mantri Developers Pvt. Ltd, Mr. Sushil Mantri, Mr. Pratik Mantri, Mrs. Snehal Mantri and its Directors as settled and request your Hon'ble Court to quash the FIR No. 0141/2019 Therefore, I state that I have read and understood the contents of the above and I say that the same are true and correct to my best of - 8 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 knowledge and belief and I believe the same to be true. 6. In W.P.No.33485/2019, respondent No.2/defacto complainant Mr. N.Jayapal reddy has filed an affidavit wherein it is stated that he has received refund and settled all the claims and therefore, seeks permission of the Court to withdraw the complaint lodged with Cubbon park Police Station. The affidavit reads as under: "I, N Jayapal Reddy, S/o G N Narayan Reddy, Aged about 52 years, residing at #24, 24th Main, 7th Cross, HSR Layout, Sector-1, Agara, Bengaluru- 560102, do hereby solemnly affirm and sincerely state on oath as follows:- 1. I have registered a complaint against Mantri Developers Pvt Ltd., for fraud and cheating before the Cubbon Park Police Station on 28-07-2019. The Cubbon Park Police Station has filed an FIR No. 143/2019 for the offences under section 34, 406, 409 and 420 r/w 120(B) of the Indian Penal Code. The said complaint was made against Mr. Sushil Pandurang Mantri, Mrs. Snehal Mantri and Mr. Pratik Mantri of Mantri Developer Pvt. Ltd. I along with my wife had booked an apartment P-104 in "Mantri Webcity" developed by the said Mantri Developers Pvt. Ltd situated at Nagareshwara Nagenahalli and Kothanur Village K.R.Puram Hobli, Bengaluru South Taluk, Bengaluru. I had entered into an Agreement of Sale and Agreement for Construction both dated 24- 04-2014 with respect to apartment P-104. I had also filed a complaint before RERA in CMP No. 4070 on 19-10-2014 for refund of entire Sale Consideration amount paid to the developer. We have also filed a Memo Reporting Settlement of all claims in RERA. - 9 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 the 2. That after mutual discussions with Developer I have decided to settle the matter with Mantri Developers Pvt. Ltd, accordingly Mantri Developers Pvt. Ltd., has refunded an amount of the sale RS. 30,00,000/- paid by me consideration, with this I have no other claims against Mantri Developers Pvt Ltd, Mr. Sushil Pandurang Mantri, Mr. Pratik Mantri, Mrs. Snehal Mantri, its Directors and any of its subsidiary company of Mantri Developers Pvt. Ltd., as all the money paid by me is settled in full and final settlement of all claims. towards 3. Based on this settlement I have received an amount of Rs.30,00,000/-through a DD/Cheque bearing No. 601367, drawn on Punjab National Bank, Commercial Street Branch, dated 01-03-2023, and the balance money will be paid to PNBHFL by the developer. Hence, I intent to withdraw my complaint, all my allegation made in the complaint against Mantri Developers Pvt. Ltd, Mr. Sushil Pandurang Mantri, Mr. Pratik Mantri, Mrs. Snehal Mantri and its Directors and any of its subsidiary company of Mantri Developers Pvt. Ltd., as they have not cheated me with my money and there is no false promise by any of them. 4. It is submitted that as I have received my refund and all my claims are settled, Hence I may be permitted to withdraw my complaint made before Cubbon Park Police Station on 28-07-2019 against Mr. Sushil Pratik Mantri, its Directors of Mantri Mrs. Snehal Mantri and Developers Pvt. Ltd, as settled and request this Hon'ble Court to quash the FIR No. 0143/2019. Pnadurang Mantri, Mr. Therefore, I state that I have read and understood the contents of the affidavit and I say that the same are true and correct to my best of my knowledge and belief and I believe the same to be true." - 10 - NC: 2025:KHC:12379 WP No. 33479 of 2019 C/W WP No. 33485 of 2019 7. In view of the settlement between the parties, no purpose will be served in keeping the proceedings pending against the petitioners. Hence the following:-
Decision
ORDER i) Both the petitions are allowed. ii) The entire proceedings arising out of Crime No.141/2019 and Crime No.143/2019 registered at Cubbon park Police Station, Bengaluru against the petitioners pending on the file of the IV Additional CMM Court, Nrupatunga road, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23 CT: BHK