KARNATAKA v. BENGALURU – 560 102

1. M/S. SNACHAYA LAND AND ESTATE PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO. 479 HMT LAYOUT, NEAR R.T.NAGAR BUS DEPOT, R.T.NAGAR BENGALURU – 560 032 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. DASTAGIR SHARIFF REGISTERED UNDER COMPANIES ACT, 1956

2. MR. DASTAGIR SHARIFF SON OF NURULLA SHARIFF AGED ABOUT 44 YEARS 53/1, 7TH CROSS KEMPAIAH BLOCK OPP. LITTLE STAR SCHOOL J.C.NAGAR, BENGALURU J.C.NAGAR, KARNATAKA – 560 006. Location: HIGH COURT OF KARNATAKA …PETITIONERS (BY SRI C.V.NAGESH, SENIOR ADVOCATE FOR SRI VINAY KUTTAPPA, ADVOCATE) AND:

STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER R.T.NAGAR POLICE STATION – 560 032 - 2 - NC: 2024:KHC:40596 WP No. 26575 of 2024 REPRESENTED BY HCGP

MOHAN GURU RAO JAMAKHANDI SON OF GURU RAO RESIDING AT PURVA FAIRMONT 24TH MAIN, 25TH CROSS SECTOR 2 HSR LAYOUT BENGALURU – 560 102. …RESPONDENTS (BY SRI THEJESH P., HCGP FOR R1; SRI HITESH GOWDA B. J., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASHING THE FIR BEARING CRIME NO.0182/2021 COMPLAINT DATED 02.09.2021 REGISTERED BY RESPONDENT NO. 1 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 406 AND 420 OF THE INDIAN PENAL CODE, 1860 AND SECTION 9 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 PENDING ON THE FILE OF CCH 92, CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND/OR, WHICH IS PRODUCED AS ANNEXURE- A AND B IN SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2024:KHC:40596 WP No. 26575 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri C.V.Nagesh, learned senior counsel for the petitioner along with Sri Vinay Kuttappa, learned counsel, Sri Thejesh P., learned High Court Government Pleader for respondent No.1 and Sri Hitesh Gowda B.J., learned counsel for respondent No.2.

2. The very complainant had approached the Principal District Consumer Disputes Redressal Commission, Bengaluru, before whom a joint memo of settlement is filed by the parties. By then, a crime had been registered. The joint memo of settlement reads as follows: “The Decree Holder and Judgement Debtor in the above case which is pending before this Hon'ble Commission for balance payment by 02-08-2024, and Decree Holder and Judgement Debtor herein most respectfully submits that both the parties has mutually agreed for Rs.32,00,000/- (Rupees Thirty Two Lakhs Only) as full and final settlement, in that Rs. 27,00,000/- paid in different dates in five instalments as shown in the bellow table. Dates Amount

1. 24-06-2024 6,00,000/-

2. 30-06-2024

07-07-2024 6,00,000/- 5,00,000/- - 4 - NC: 2024:KHC:40596 WP No. 26575 of 2024

14-07-2024

19-07-2024 5,00,000/- 5,00,000/- ------------------------------------------------- 27,00,000/- ------------------------------------------------- TOTAL And remaining 6th instalment herein the Judgement Debtor Transferring today the Rs.5,00,000/- through D.D, Vide D.D. No.205840, dated 22-07-2024 drawn on Union Bank of India, drawn in favour of Decree Holder to settle this above matter in full and final settlement. Wherefore, the Decree holder and Judgement Debtor most respectfully prays this Hon'ble commission to furnish the D.D of Rs.5,00,000/- as full and final settlement and take in the records this Joint memo of settlement and the Complaint here with undertakes to withdraw all other cases connected or filed with regard to this above matter in any court/commission and to handover the original documents to the Judgement Debtor which retained with the Decree Holder and to close this matter as full and final settlement in the interest of justice and equity.”

3. Learned counsel for respondent No.2 – complainant, on instructions of respondent No.2, who is present before the Court, would submit that the impugned crime in Crime No.182/2021, may be quashed.