Karnataka High Court
Mr Suresh K A vs State Of Karnataka on 30 July, 2025
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NC: 2025:KHC:29223
WP No. 12334 of 2020
C/W WP No. 14888 of 2020
WP No. 239 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
WRIT PETITION NO. 12334 OF 2020 (GM-RES)
C/W
WRIT PETITION NO. 14888 OF 2020 (GM-RES)
WRIT PETITION NO. 239 OF 2021 (GM-RES)
IN WP No. 12334/2020
BETWEEN:
MR. SURESH K A
AGED ABOUT 58 YEARS
S/O SHRI K.H. ANJANAPPA
NO.1203, TOWER 3,
GODREJ WOODSMEN ESTATE,
HEBBAL, BELLARY ROAD, BENGALURU-560024
...PETITIONER
(BY SRI.C.N.RAGHAVENDRA, ADVOCATE)
Digitally AND:
signed by
REKHA R
1. STATE OF KARNATAKA
Location:
High Court BY KODIGEHALLI P.S.
of BANGALORE CITY
Karnataka
YELAHANKA SUB-DIVISION,
REPRESENTED BY HCGP
HIGH COURT OF KARNATAKA
BANGALORE-560001
2. MR. CHARANJEET CHANDAN
S/O SHRI KANSHI LAL CHANDRA
AGED ABOUT 44 YEARS
FLAT NO D-705,
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WP No. 12334 of 2020
C/W WP No. 14888 of 2020
WP No. 239 of 2021
HC-KAR
ALPINE PYRAMID APARTMENT,
RAJIV GANDHI NAGAR,
2ND STAGE, CANARA BANK LAYOUT,
BANGALORE-560097
...RESPONDENTS
(BY SMT.N.ANITHA GIRISH, HCGP FOR R1;
SRI.YASHAS.K, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR AND
COMPLAINT IN CRIME NO.48/2020 DATED 20.03.2020 OF THE
RESPONDENT KODIGEHALLI POLICE STATION ARRAIGNING
THE PETITIONER HEREIN AS ACCUSED NO.1 FOR THE
OFFENCES PUNISHABLE U/S 448, 427, 323, 504, 506 R/W
SECTION 149 OF IPC PENDING ON THE FILE OF HONBLE CHIEF
METROPOLITAN MAGISTRATE COURT AND THE RESULTANT
INVESTIGATION (VIDE ANNEXURE-A AND B TO THE PETITION).
IN WP NO. 14888/2020
BETWEEN:
MR SURESH K A
AGED ABOUT 58 YEARS,
S/O SHRI K H ANJANAPPA
NO.1203, TOWER 3
GODREJ WOODSMEN ESTATE
HEBBAL, BELLARY ROAD,
BENGALURU -560024
...PETITIONER
(BY SRI.C.N.RAGHAVENDRA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KODIGEHALLI P S
BANGALORE CITY
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WP No. 12334 of 2020
C/W WP No. 14888 of 2020
WP No. 239 of 2021
HC-KAR
YELAHANKA SUB DIVISION
REPRESENTED BY HCGP
HIGH COURT OF KARNATAKA
BANGALORE-560001
2. MR CHARANJEET CHANDAN
S/O SHRI KANSHI LAL CHANDRA
AGED ABOUT 44 YEARS,
FLAT NO.D-705
ALPINE PYRAMID APARTMENT
RAJIV GANDHI NAGAR
2ND STAGE, CANARA BANK LAYOUT
BANGALORE-560097
...RESPONDENTS
(BY SMT.N.ANITHA GIRISHA, HCGP FOR R1;
SRI. YASHAS K, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
FIR AND COMPLAINT IN CRIME NO.110/2020 DATED
22.09.2020 OF THE RESPONDENT KODIGEHALLI POLICE
STATION ARRAIGNING THE PETITIONER HEREIN AS
ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE U/S 34,
380, 454, 506 R/W SECTION 149 OF IPC PENDING ON THE
FILE OF HONBLE 7TH ADDL CMM COURT AND THE
RESULTANT INVESTIGATION (VIDE ANNEXURE-A AND B TO
THE PETITION).
IN WP NO. 239/2021
BETWEEN:
MR SURESH K A
S/O SHRI. K.H. ANJANAPPA,
AGED ABOUT 58 YEARS,
NO. 1203, TOWER 3,
GODREJ WOODSMEN ESTATE,
HEBBAL, BELLARY ROAD,
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WP No. 12334 of 2020
C/W WP No. 14888 of 2020
WP No. 239 of 2021
HC-KAR
BENGALURU-560024.
...PETITIONER
(BY SRI.C.N.RAGHAVENDRA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KODIGEHALLI P.S.
BANGALORE CITY,
YELAHANKA SUB-DIVISION,
REPRESENTED BY HCGP,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
2. MR. CHARANJEET CHANDAN
S/O SHRI. KANSHI LAL CHANDRA,
AGED ABOUT 44 YEARS,
FLAT NO. D-705,
ALPINE PYRAMID APARTMENT,
RAJIV GANDHI NAGAR,
2ND STAGE, CANARA BANK LAYOUT,
BANGALORE-560097.
...RESPONDENTS
(BY SRI.YASHAS.K, ADVOCATE FOR R2;
SMT.N.ANITHA GIRISH, HCGP FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH
CHARGE SHEET IN C.C.NO.17729/2020 ARISING OUT OF
FIR IN CRIME NO.98/2020 DATED 08.08.2020 OF THE
RESPONDENT KODIGEHALLI POLICE STATION ARRAIGNING
THE PETITIONER HEREIN AS ACCUSED NO.1 FOR THE
OFFENCES PUNISHABLE U/S 354, 504, 506, 509 R/W
SECTION 34 OF IPC PENDING ON THE FILE FO HONBLE VII
ADDL. CMM COURT, BANGALORE. THE FIR HAS BEEN
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WP No. 12334 of 2020
C/W WP No. 14888 of 2020
WP No. 239 of 2021
HC-KAR
REGISTERED AT THE INSTANCE OF R-2 VIDE ANNEXURE-C
TO THE PETITION.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
Learned counsel for the petitioners has filed a memos
along with a certified copies of the order sheet in
O.S.No.3294/2023 passed by Principal City Civil and
Sessions Judge, Bengaluru, and the compromise petition
filed before the trial Court under order 23 Rule 3 r/w
Section 151 of CPC, wherein, the parties have settled their
disputes.
2. The terms and conditions of settlement arrived
at between the parties before the trial Court reads as
under:
THE PARTIES ABOVE NAMED RESPECTFULLY
SUBMITS AS FOLLOWS:-
1. The parties above named at the intervention of
the wellwishers and known person have come
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forward to enter into this compromise and end the
dispute between them in accordance with the terms
and conditions stated in this application.
2. Both the, parties to do hereby agree that the
Defendant is herewith paying a sum of Rs.
2,01,00,000/- [Rupees Two crores one lakhs only]
in total by way of crores
Bankers cheque bearing No.271412 dt.
12/02/2025 drawn on the bank of State Bank
of India, for a sum of Rs. 1,20,00,000/-
[Rupees One Crore Twenty Lakhs only] favour
of the Plaintiff.
Bankers Cheque bearing No.271409 dt.
11/02/2025 drawn on the bank of State Bank
of India, for a sum of Rs. 30,00,000/-[Rupees
Thirty Lakhs only] in favour of the Plaintiff.
Bankers cheque No. 271413 dt. 13/02/2025
drawn on the bank of State Bank of India, for
a sum of Rs. 25,00,000/- Rupees Twenty Five
Lakhs only] in favour of the Plaintiff.
Cheque bearing No. 454838 dt. 14-05-2025
drawn on the bank of State Bank of India for
a sum of Rs. 26,00,000/-Rupees Twenty Six
Lakhs only] in favour of the Plaintiff which is
a return of interest free advance amount to
be paid by the Defendant to the Plaintiff for
vacating the schedule 'premsies.
3. The Plaintiff on receipt of the above
amount stated in this application do hereby
withdraw the above suit and the also all the
following cases between them stated as per
the table shown below.
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Sl.No Case No. Hearing Filed by
date whom
4. Both the parties from the date of this
Compromise petition do hereby undertake to
withdraw the above stated cases immediately.
All the orders or judgments passed or to be
made in the above stated cases shall stand
nullified or void on receipt of the amount stated
in the above Compromise petition.
5. Both the parties do hereby agree that the
above stated amount is full and final to the
satisfaction of both the parties and both the
parties shall not be at liberty to either sue / file
cases for increase or decrease of the above
stated above in any form. The Defendant
herewith undertakes to return/withdraw all or
any cases filed against the Jyoti Chandna the
wife of the Plaintiff. In future also parties
should not claim any type of damages and
mense profits against each other.
5. Both the parties do hereby agree that on
failure of the Sri. Suresh. K.A. /Defendant in
the above case to honour the Banker Cheques
and cheque bearing No. 454838 Dt. 14-05-
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2025 this Compromise petition shall stand void
and the parties shall be at liberty to reinitiate
the cases stated above.
6. In view of the this Compromise petition both
the parties to this case pray that this Hon'ble
Court may kindly be pleased to dismiss/dispose
of as withdrawn this suit / petitions and all
other petitions/suits / appeals stated above as
filed by the respective parties in view of this
compromise petition.
7. The Plaintiff / Sri. Charanjeet Chandna has
herewith handed over the keys and vacant
possession of the schedule premises stated in
the rental agreement back to the owner /
Defendant Sri. Suresh. K.A. on this day, the
said Sri. Suresh K.A herewith acknowledges
keys and also the vacant possession of the
schedule premises in good condition on this
day by way of this compromise petition before
this Hon'ble Court. The Rental agreement
between the parties do hereby stands
terminated / surrender / cancelled from the
date of this Compromise petition.
8. Both the parties shall be at liberty to
withdraw their respective court fees and also
bear their own costs with regard to the
litigation between them as per the details
stated in the above case nos. Both the parties
agree that the Plaintiff herewith undertakes to
remove all or any sign boards or remaining
material in the schedule premises stated in the
lease deed at his own costs without damaging
the schedule premises in any form.
9. Both the parties do hereby agree that the
case nos. stated above and if any other case
pending between them for which the notice is
not served shall also be dismissed as
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withdrawn or returned in accordance with law
by the respective parties.
10. The contents of this Compromise petition
are herewith read over to the both the parties
in the presence of their respective counsels and
being fully aware of the contents of this
compromise petition they are signing this
compromise petition before this Hon'ble Court.
11. On receipt of the entire amount by the
Plaintiff or Sri. Charanjeet Chandna and the
Defendant / Suresh. K.A. both agree and swear
that they will not have any monetary
relationship or the relationship of the owner
and the tenant in future.
12. Both the parties do hereby agree that the
both the parties shall be indemnified with
regard to any costs, damages and penalties
from the other party who do not adhore to the
conditions stated in this Compromise petition.
Wherefore, both the parties to this Compromise
petition pray that this Hon'ble Court may kindly
be pleased dismiss the above suit as withdrawn
as per the terms and conditions stated in the
Compromise petition in the above suit in the
interest of justice and equity".
3. Petitioner who is defendant in O.S.No.3294/2023 is
present and admitted the compromise. Having regard to
the fact that the parties have settled their disputes, the
petitions deserves to be allowed and criminal proceedings
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pending against him is required to be quashed and
accordingly the following:
ORDER
(i) Petitions filed by accused No.1 under
Articles 226 and 227 of Constitution of
India r/w Section 482 of Cr.P.C, are hereby
allowed.
(ii) In WP No.12334/2020, the criminal
proceedings initiated against accused No.1
in FIR in Crime No.48/2020 of Kodigehalli
Police Station, for the offences punishable
under Sections 448, 427, 323, 504, 506
r/w Section 149 of IPC, is hereby quashed.
(iii) In WP No.14888/2020, the criminal
proceedings initiated against accused No.1
in FIR in Crime No.110/2020 of Kodigehalli
Police Station, for the offences punishable
under Sections 454, 380, 506 r/w Section
34 of IPC, is hereby quashed.
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(iv) In WP No.239/2021, the criminal
proceedings initiated against accused No.1
in CC No.17729/2020 (FIR in Crime
No.98/2020 Kodigehalli Police Station),
pending on the file of VII Additional Chief
Metropolitan Magistrate, Bengaluru, for the
offences punishable under Sections 354,
504, 506, 509, 114 r/w Section 34 of IPC,
is hereby quashed.
(v) The Registry is directed to send a copy of
this order to the trial Court through e-mail.
In view of disposal of petition, pending application/s,
if any, stands disposed off, as no separate order is
required.
Sd/-
(J.M.KHAZI)
JUDGE
ASN
