Karnataka High Court
Sumana Paruchuri vs State Of Karnataka on 30 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:41054
WP No. 27083 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 27083 OF 2024 (GM-RES)
BETWEEN:
SUMANA PARUCHURI,
DAUGHTER OF NEKKANTI VENKATA RAO,
AGED ABOUT 52 YEARS,
RESIDING AT NO.512Z,
ROAD NO.PLOT 29.
JUBILEE HILLS, HYDERABAD,
TELANGANA - 500 033.
...PETITIONER
(BY SRI. ROHAN TIGADI., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY STATION HOUSE OFFICER,
Digitally signed KOTHANUR POLICE STATION,
by NAGAVENI
Location: HIGH
REPRESENTED BY
COURT OF HIGH COURT GOVERNMENT PLEADER,
KARNATAKA
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. JAKKA VINOD KUMAR REDDY,
SON OF LATE J. NARASIMHA REDDY,
AGED ABOUT 52 YEARS,
PRESENTLY RESIDING AT ZERENE VILLAGE,
HOUSE NO.63/116,
PHUTTAMONTHON SAI-3 ROAD,
BANGKOK, THAILAND - 10160.
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NC: 2024:KHC:41054
WP No. 27083 of 2024
REPRESENTED BY POWER
OF ATTORNEY HOLDER:
MR. JAKKA KIRAN REDDY,
S/O LATE JAKKA SRIDHAR REDDY,
AGED ABOUT 48 YEARS,
RESIDING AT FORTUNE INDIRA VILLA,
VILLA NO.24, SAROJINI NAGAR,
GUTTALA, BEGUMPET,
MADHAPUR,
HYDERABAD - 500 081.
...RESPONDENTS
(BY SRI.JAGADEESHA B.N., ADDL. S.P.P.,;
SRI.MAHESH CHOWDHARY, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS OF THE FIR IN WHITEFIELD POLICE STATION CRIME
NO.84 OF 2022 BY THE R-1; QUASH THE FIRST INFORMATION
REPORT IN WHITEFIELD POLICE STATION CRIME NO.84 OF
2022 (ANNEXURE - A) AND COMPLAINT DATED 30.03.2022
(ANNEXURE - B) FOR OFFENCES PUNISHABLE UNDER
SECTIONS 108A, 387, 511, 115, 506 AND 120B OF THE
INDIAN PENAL CODE, 1860 AND ALL FURTHER PROCEEDINGS
PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE BENGALURU RURAL DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:41054
WP No. 27083 of 2024
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Rohan Tigadi, learned counsel appearing for the petitioner, Sri. Jagadeesha B.N., learned Addl.SPP appearing for respondent No.1, Sri. Mahesh Chowdhary, learned counsel appearing for respondent No.2.
2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the Memorandum of Compromise Cum Settlement Agreement / Deed. Terms of settlement reads as follows:
"MEMORANDUM OF COMPROMISE CUM SETTLEMENT AGREEMENT /DEED This deed of settlement ("Deed") is entered into on this the 23rd day of September,2024:
Between:
Mr. Jakka Vinod Kumar Reddy, S/o. Late Sri Jakka Narasimha Reddy, aged about 52 years, Permanent resident of Plot No-974, Road No-49, Jubilee Hills, Hyderabad -500033, Telangana; Presently residing at Zerene village, House No- 63/116, Phuttamonthon Sai-3 Road, Bangkok, Thailand-10160, hereinafter referred to as "First Party" (which expression shall unless excluded by or repugnant to the subject or context be deemed to include his legal heirs, representatives, administrators, executors, successors in interest, nominees and permitted assignees) of the First Part;-4-
NC: 2024:KHC:41054 WP No. 27083 of 2024 AND Mrs. Sumana Paruchuri, W/o. Jakka Vinod Kumar Reddy, aged about 52 years,R/o. Plot No. 512/Z, Road No. 29, Jubilee Hills, Hyderabad, Telangana ,hereinafter referred to as "Second Party" (which expression shall unless excluded by or repugnant to the subject or context be deemed to include her legal heirs, representatives, administrators, executors, successors in interest, nominees and permitted assignees) of the Second Part.
The First Party and Second Party are hereinafter collectively referred to as the "Parties" and individually referred to as a "Party".
RECITALS A. The First Party and Second Party were lawfully married on July 25,2011 in Hyderabad, solemnized before the Marriage Officer, Hyderabad (South), under the provisions of Section 13 of the Special Marriage Act, 1954.
B. Following their marriage, the First Party and the Second Party established their matrimonial residence at Hyderabad. No children were born from the union.
C. After their marriage, the First Party and the Second Party have experienced substantial differences which led to incompatibilities. The Parties have on several occasions made earnest efforts to reconcile their differences and resolve their problems. However, despite best efforts and a prolonged period of separation, the Parties could not mend their relationship.
D. The differences between the parties led to the initiation of multiple civil, criminal and Company Act cases against each other across different judicial forums.
E. However, recognizing the need to bring finality to these disputes and to avoid prolonged litigation, the Parties have mutually agreed to settle their issues through this full and final Deed of Settlement.
F. In reaching this mutual understanding, the Parties have comprehensively resolved all outstanding issues, -5- NC: 2024:KHC:41054 WP No. 27083 of 2024 including the dissolution of their marriage and the distribution of properties as detailed herein.
G. The First Party has agreed that the Bengaluru property shall be held jointly by both the parties and 99 equity shares standing under his name in Peregrine Aids Remedies Private Limited shall be transferred to the Second Party as part of an equitable and fair division of assets. This arrangement/ transfer has been agreed to be made in good faith to facilitate a full and final settlement of all disputes, including financial, matrimonial, and property-related matters between the Parties.
H. Both Parties confirm that all the disclosures and representations have been made voluntarily and with a complete understanding of their legal consequences.
I. This Settlement Agreement has been entered into in good faith, with both the Parties committing to uphold its terms and refrain from further conflict or legal action related to their marriage or any assets and properties.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. Commencement of this Agreement:
1.1. The instant Agreement is a full and final binding agreement upon the Parties and will come into immediate effect upon the signing of this Agreement.
2. Suspending prosecution of pending cases 2.1. Immediately upon the execution of the instant Settlement Agreement ,both the parties agree to temporarily suspend any and all active litigation, claims, or proceedings identified in Annexure C and inform all the courts, tribunals and the concerned police stations about the Settlement Agreement. The parties will also inform that they will take appropriate steps to close out any proceedings in terms of the Settlement Agreement.
It is categorically and specifically agreed between the parties that the First Party would be represented by his GPA Mr.Jakka.Kiran Reddy living in Hyderabad to appear physically /virtually before all the concerned courts ,tribunals and police stations to facilitate withdrawal of -6- NC: 2024:KHC:41054 WP No. 27083 of 2024 all the cases/petitions filed by the First Party against the Second party and her family members/associates.
2.2. The First Party acknowledges and agrees that all the written representations made by his GPA Holder Mr.Jakka. Kiran Reddy before the Courts/Tribunals /Sub- registrar offices shall contain the signature of the First Party. All such representations containing the signature of the First Party would be binding, conclusive, and irrevocable, however it is specifically and categorically agreed by the First Party that Mr Jakka.Kiran reddy is given full authority to withdraw all the cases filed by the First Party against the Second Party and her family members/associates pending before all Judicial forums under the authority as a GPA and need no signature of the First Party on such withdrawal petitions.
2.3. Neither party shall take any action to advance, prosecute, or otherwise push forward the litigation, claims, or proceedings identified in Annexure - C until all obligations and conditions set forth in this Settlement Agreement have been fully satisfied .
3. Filing the Deed of Settlement before the Hon'ble Supreme Court:
3.1. The parties mutually agree to file the instant executed Settlement Agreement before the Hon'ble Supreme Court of India within 7 days from the date of execution by both the parties. It is categorically and specifically agreed between the parties that the First Party would be represented by his GPA Mr.Jakka.Kiran Reddy living in Hyderabad to appear physically /virtually as required before the Hon'ble Supreme Court of India for the same ,however the First party shall appear virtually from Bangkok, Thailand if required.
3.2. The First Party acknowledges and agrees that all the written representations made by his GPA Mr.Jakka. Kiran Reddy before the Courts/Tribunals /Sub-registrar offices shall contain the signature of the First Party. All such representations containing the signature of the First Party would be binding, conclusive, and irrevocable, however it is specifically and categorically agreed by the First Party that Mr Jakka.Kiran reddy is given full authority to withdraw all the cases filed by the First Party -7- NC: 2024:KHC:41054 WP No. 27083 of 2024 against the Second Party and her family members /associates pending before all Judicial forums under the authority as a GPA and need no signature of the First Party on such withdrawal petitions.
4. Application for Consent Decree and Registration of Consent Decree The Second Party has filed a suit Original Suit No. 322/2022, dated 08-02-2022 , pending adjudication before the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka against the First Party with respect to land comprising 2 acres and 31 guntas situated in Sy.No. 41, Patandur Agrahara Village, KR Puram Hobli, Bangalore East Taluk, Karnataka (hereinafter referred to as "Bengaluru property") bounded at the East by :Property No. Sy.No.42 & Govt Kharab Land, West by :White Field Main Road, North by:Survey No.40 and South by:Remaining portion of Survey No. 41 and private property.
A copy of the map depicting the boundaries of the Bengaluru Property is annexed hereto in Annexure A for the parties' reference.
4.1. As a part of the Settlement Agreement, the First Party agrees to recognize and consent to a declaration that 50% ownership of the undivided share to the extent of 1 acre and 15.5 guntas (i.e., 55.5 guntas) of the Bengaluru property is that of and belongs to the Second Party. Similarly the Second Party agrees to recognize and consent to a declaration that 50% ownership of the undivided share to the extent of 1 acre and 15.5 guntas (i.e., 55.5 guntas) of the Bengaluru property is that of and belongs to the First Party. Both Parties shall hold joint ownership of the Bengaluru Property and be joint owners of the Bengaluru property with no partition whatsoever.
4.2. The First Party and Second Party shall give effect to the terms of Clause 4.1 through an application seeking a consent decree from the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka in O.S.No-322/2022. Copy of the application -8- NC: 2024:KHC:41054 WP No. 27083 of 2024 being filed before the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka in O.S.No-322/2022 is annexed hereto as Annexure B for the parties reference. The said application will be signed by the First party at Bangkok, Thailand and get endorsed by the Indian Embassy at Bangkok.
4.3. Within 7 days from execution of the instant Settlement Agreement by both the parties, the application seeking consent decree (Annexure B) will be filed by both the parties before the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka and the consent decree will contain the following terms agreed by both the parties:
a. The First Party and Second Party shall be declared to have 50% ownership of the undivided share in the Bengaluru property and both parties shall make appropriate declaration in this regard.
b. The First Party hereby undertakes that he has not created any thirdparty rights, title or interest in respect of the Bengaluru Property and that the Bengaluru property is free from all encumbrances, liens, and adverse claims before the execution of the instant settlement Deed.
c. The First Party and the Second Party represents that other than the suit O.S.No-322/2022, there is no other litigation with respect to Bengaluru property.
d. Both parties undertake to take all necessary steps to ensure that the consent decree is registered before the concerned Sub-Registrar office within 7 days from the day on which the consent decree order is made available to both the parties. The aforesaid application being produced before the Sub-Registrar office, Bangalore will be signed by the First party at Bangkok, Thailand and get endorsed by the Indian Embassy at Bangkok, Thailand which would be presented by his GPA Mr.Jakka.Kiran Reddy before the Sub-Registrar at Bangalore for registration. A specific GPA on the name of Mr.Jakka.Kiran Reddy to produce the said document before the sub-registrar office, Bangalore shall be executed by the First Party residing at Bangkok, Thailand -9- NC: 2024:KHC:41054 WP No. 27083 of 2024 and get the said GPA endorsed by the Indian Embassy at Bangkok, Thailand.
The First Party acknowledges and agrees that all the written representations made by his GPA Mr.Jakka. Kiran Reddy before the Courts/Tribunals /Sub-registrar offices shall contain the signature of the First Party. All such representations containing the signature of the First Party would be binding, conclusive, and irrevocable, however it is specifically and categorically agreed by the First Party that Mr Jakka.Kiran reddy is given full authority to withdraw all the cases filed by the First Party against the Second Party and her family members /associates pending before all Judicial forums under the authority as a GPA and need no signature of the First Party on such withdrawal petitions.
e. All stamp duties, registration charges, and any incidental costs related to the registration of the consent decree before the Sub-Registrar office, Bangalore shall be borne entirely by the Second Party.
f. Upon execution and registration of the consent decree before the Subregistrar office at Bangalore, the Second Party shall immediately be in joint physical possession, control, and enjoyment of the Bengaluru property along with the First Party.
g. Upon the successful registration of the consent decree order, the following additional obligations shall be carried out by both Parties:
a. The existing electricity connection for the property, bearing Account ID No. 1356946240 and RR Number: 4EEH185890, presently registered in the name of the First Party, shall be updated to reflect the Second Party as the co-owner of the Bengaluru property. The aforesaid process shall be initiated by the second party and the first party will co-operate for the same in case of any signatures needed from his end.
b. The Second Party shall immediately follow up the process of her inclusion as a co-owner in the Khatha for the Bengaluru property and the first party will co-operate for the same in case of any signatures needed from his end.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 h. Upon the registration of the consent decree, both parties will share equally any monetary/(TDR) Transferable development rights certificate or other benefits that the Bruhat Bengaluru Mahanagara Palike (BBMP) or other acquiring authority will give for the acquisition of land for road widening or any other purpose.
i. Both parties will make efforts together to sell the entire Bengaluru property, i.e 2 Acres 31 guntas on a mutually agreed price to any prospective buyer/third party. However, if one party wants to buy out the other party's 50% undivided share of the Bengaluru property at a mutually agreed sale price, the said option is always open to both the parties. It is made crystal clear that the Bengaluru property cannot be sold to a third party separately by either of the parties as it will be a joint property owned by both the parties and have to be sold jointly with mutual consent.
j. By the understanding between both the parties ,the Second party shall retain the custody of all the original documents of the Bengaluru property i.e (a) Original Registered Gift deed dated 16.04.2007 bearing Document No. MDP-1-00342/2007-08, executed by Sri.Jakka.Venkatram Reddy @venkatramana Reddy in favour of Sri.Jakka.Vinod Kumar Reddy (b) Original Registered Sale deed dated 13.08.2001 bearing Document No.12036/2001-02,executed by Smt.G.Padmavathi and Sri.G.Ravi Kumar in favour of Smt.Sumana Paruchuri.(c) Original Registered Sale deed dated 14.08.2001 bearing Document No.12039/2001-02,executed by Smt.G.Padmavathi and Sri.G.Ravi Kumar in favour of Smt.Sumana Paruchuri and (d) Original Registered Sale deed dated 19.01.2006 bearing Document No.KRI-1-13007/2005- 06,executed by Smt.Sumana Paruchuri in favour of Sri.Jakka.Venkatram Reddy @venkatramana Reddy. The decision of both the parties that the Second party shall retain all the original documents of the Bengaluru property with her is to facilitate the Second party to show the said original documents to prospective third party buyers during the process of sale , since the First party is residing in Thailand.
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5. Withdrawal of All Cases and Mutual Consent Divorce After registration of the consent decree, both parties will follow the following course of action:
5.1. Within 10 days from the registration of the consent decree, both Parties agree to withdraw all legal cases and any criminal complaints and / or police proceedings as detailed in Annexure C of this Agreement. In addition ,the Parties may also request the Supreme Court to pass an order for closure of all pending cases as well as directing a divorce by mutual consent.
5.2. Both parties agree to file the necessary applications, including the Settlement Agreement and the consent decree, before the relevant courts and police to facilitate the expeditious withdrawal of these cases and ensure no delays or hindrances in completing the process. However it is re-iterated once again that the First Party would be represented by his GPA Mr.Jakka.Kiran Reddy living in Hyderabad to appear physically /virtually on behalf of the First party before all the concerned courts ,tribunals and sub -registrar offices to complete the aforesaid processes.
5.3. Both Parties shall cooperate fully in the preparation, filing, and execution of such compromise petitions or other pleadings or petitions to ensure the disposal of all pending litigation.
5.4. If closure of any of the criminal cases requires filing a Quash petition before the High Courts, the complaining party in the police proceedings will appear before the High Court and agree to quash the said complaint.
5.5. The Parties shall provide full cooperation to the legal and administrative procedures required for the finalization and dismissal of the cases. However it is made clear that Mr Jakka Kiran Reddy will represent the First Party as his General Power of Attorney Holder for withdrawal of all cases pending before various judicial forums, including the Supreme Court, the High Court, the District Courts, the Magistrate Courts, the National Company Law Tribunal ,the sub-registrar office, Bengaluru and the police stations wherever needed.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 The First Party acknowledges and agrees that all the written representations made by his GPA Mr.Jakka. Kiran Reddy before the Courts/Tribunals /Sub-registrar offices shall contain the signature of the First Party. All such representations containing the signature of the First Party would be binding, conclusive, and irrevocable, however it is specifically and categorically agreed by the First Party that Mr Jakka.Kiran reddy is given full authority to withdraw all the cases filed by the First Party against the Second Party and her family members /associates pending before all Judicial forums under the authority as a GPA and need no signature of the First Party on such withdrawal petitions.
5.6. In the event that either Party fails to withdraw the cases within the agreed timeframe, that Party shall indemnify and hold harmless the other Party from any consequences, including legal costs, damages, or liabilities arising from the delay or failure in withdrawal.
5.7. The Parties hereby agree that they will not initiate or support any further legal proceedings, whether civil or criminal, against each other or their respective family members in relation to any matters arising from their marriage or previous disputes, except in relation to the enforcement of the terms of this Agreement. This clause is a strict and specific binding obligation upon the Parties and their heirs, successors, and assignees as well as the wife and heirs, successors of First Party's brother and mother.
5.8. The First Party has initiated divorce proceedings against the Second Party, which are currently pending before the Hon'ble Court of the Judge, I Additional Family Court - Cum - XIV Additional Metropolitan Sessions Judge, Hyderabad, under O.P. No. 202/2020 ('family court'). Within 7 days of filing withdrawal petitions in all cases and in police complaints specified in Annexure-C, the Parties shall take the necessary steps to jointly file for divorce by mutual consent before the Hon'ble Supreme Court of India or the Hon'ble Family Court at Hyderabad.
5.9. Upon issuance of the decree of divorce by mutual consent, the marital relationship between the Parties will come to an end with no further legal or financial
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NC: 2024:KHC:41054 WP No. 27083 of 2024 obligations save for those expressly outlined in this Agreement.
6. Representations and Warranties:
6.1. The First Party declares/confirms that the Bengaluru Property has been duly converted from agricultural to non-agricultural status, and that all necessary permissions, approvals, and certifications have been obtained from the relevant authorities.
6.2. The First Party has filed original copies of all conversion documents, Khatha certificates, and any other records pertaining to the Bengaluru property with the court. The First Party will hand these documents over to the Second Party immediately after the consent decree is passed, to facilitate her to show these documents to prospective third party buyers towards joint sale of Bengaluru property.
6.3. The First Party hereby represents and warrants that he has created no thirdparty rights, title or interest in respect of the Bengaluru Property before the execution of the instant settlement Deed and vice versa.
6.4. The First Party hereby represents and warrants that the Bengaluru property is free from and clear of all encumbrances, liens, and adverse claims before the execution of the instant settlement Deed.
6.5. The First Party agrees to indemnify and hold harmless the Second Party from any claims, disputes, or legal actions that may arise regarding the title, possession, or use of the Bengaluru property before the execution of this Deed.
6.6. The First Party and the Second party represents, warrants and agrees that this Agreement is binding on all their heirs, legal representatives and successors.
6.7. The First Party further declares that the Bengaluru Property is not under attachment by any court or authority before the execution of the instant settlement Deed.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 6.8. The First Party further represents and covenants that if the Second Party is deprived of whole or any part of Bengaluru Property on account of any defect in the First Party title before the execution of the instant settlement Deed, the First Party shall indemnify and compensate the Second Party against the same.
6.9. Both parties shall indemnify the other party against any losses, damages, or legal consequences arising from any breach of the representations and warranties provided in this Agreement. Should any encumbrance, lien, or defect of title emerge before the execution of the instant settlement Deed, the First Party shall bear full responsibility for its resolution at their sole expense and shall indemnify the Second Party against any related losses or legal actions.
7. There are two security rooms available at the Bengaluru Property. Both parties will be entitled to have their own security personnel to reside in the aforesaid two security rooms to protect and maintain the Bengaluru property. Both the parties shall erect sign boards and writings on the compound wall facing the whitefield main road specifying the joint ownership of the Bengaluru property as in the table below:
THIS PROPERTY BELONGS TO JAKKA.VINOD KUMAR REDDY AND PARUCHURI.SUMANA The First party and the Second party shall equally share the security charges, electricity charges, property taxes or any other expenses related to the Bengaluru property from the date of execution of the instant settlement deed.
8. Equity Shares in Peregrine Aids Remedies Private Limited:
8.1. Peregrine Aids Remedies Pvt. Ltd. ("Company") is a company incorporated on 17.01.1997, and originally co-
owned by the First Party, and his late brother, Mr. Jakka Venkatram Reddy.
8.2. The Company's principal asset is a tract of land measuring 186.46 acres situated in Bonthavari Pallirevenue Village, Prakasam District, Andhra Pradesh.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 8.3. The ROC records of the Company reflecting the shareholding pattern is as follows:
Shareholder No. of Shares
Second Party - Mrs. Sumana Paruchuri 63,000
Second Party's Father -
Mr. Nekkanti Venkata Rao 99
First Party - Mr. Jakka Vinod Kumar Reddy 99 8.4. Within 5 days from the registration of the consent decree and before filing the withdrawal application before the National Company Law Tribunal, Hyderabad, the First Party shall transfer, relinquish and assign all his rights, title, interest, and benefits in the afore-mentioned 99 equity shares held by him unto and in favour of the Second Party for a consideration of Rupees 50,000 by way of a share transfer agreement, duly registered with the concerned authorities.
8.5. The First Party shall execute share transfer forms and other necessary documents so as to enable the Second Party to get the shares transferred in her name in the records of the company concerned and other authorities as required under law.
8.6. The updated shareholding pattern post-transfer:
No. Percentag
Shareholder of e
Shar ofHolding
es
SecondParty-Ms.SumanaParuchuri 63,099 99.84%
Second Father - Mr. Nekkanti
Part 99 0.16%
y's Venkata Rao
8.7. The Second Party and her father shall have full and unfettered control over the management, operations and decision-making of Peregrine Aids Remedies Pvt. Ltd., including all rights associated with the land and assets owned by the company, including 186.46 acres of land held by the company at Bonthavari Palli revenue Village, Prakasam District, Andhra Pradesh.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 8.8. The First Party expressly and irrevocably relinquishes all rights, claims, or interests, whether legal, financial, or otherwise, in the company or its assets, including the property hereinabove mentioned. The First Party agrees not to challenge or dispute the ownership, operations, or management of the company in any forum or capacity.
8.9. The First Party warrants that the 99 equity shares being transferred are free from all and any liens, Encumbrance, pledges or third-party claims.
8.10. The Second party shall send all the share transfer forms and other necessary documents pertaining to Peregrine Aids Remedies Pvt. Ltd to the address of the First party at Bangkok, Thailand for the First party to sign and get the said documents endorsed by the Indian Embassy at Bangkok, Thailand so as to enable the Second Party to get the shares transferred in her name in the records of the company concerned and other authorities.
8.11. The First Party agrees that from the date of this Deed, he will not engage, directly or indirectly, in any business or venture that competes with the operations of the Company, either individually or through any other entity.
8.12. The Second Party shall be indemnified and held harmless by the first party against any claims, liabilities, damages, or losses arising from the First Party's failure to disclose any hidden financial and legal matters relating to the Bengaluru property before the execution of this deed.
Settlement:
8.13. The Parties agree that this Agreement represents the full and final settlement of all present, past, and future claims.
8.14. Neither Party shall have any further legal, financial, or personal claims against the other except as provided herein.
9. Miscellaneous
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NC: 2024:KHC:41054 WP No. 27083 of 2024 9.1. Amendment: The terms and conditions of this Settlement Agreement cannot be modified, altered or amended except by written agreement between the Parties.
9.2. Entire Agreement: This Settlement Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and supersedes all previous agreements in this regard between the Parties.
9.3. Further Assurances: Each of the Parties shall execute such documents and perform such further acts as may be required by applicable Laws or as may be necessary to carry out or to perform/effect the provisions of this Deed.
9.4. Survival of Obligations: If either party to this Settlement Agreement passes away /expires before the obligations under this Agreement are fully performed, the legal heir Ms Jakka Vaishnavi Reddy (daughter of the First Party) and Mr Aditya Paruchuri (Son of the Second Party) shall be bound by and obligated to fulfil the uncompleted terms and conditions of this Agreement. All rights and responsibilities under this Agreement shall survive the death of either party and shall be enforceable against Ms Jakka Vaishnavi Reddy (daughter of the First Party) and Mr Aditya Paruchuri (Son of the Second Party) until all obligations have been fully satisfied.
9.5. The Parties declare that they are entering into this Agreement of their own free will, and without any duress, coercion, fraud, misrepresentation, undue influence, or pressure from any Person, including the other Party or any third parties. This Agreement is being executed in good faith with the mutual understanding and agreement of all terms.
9.6. Both Parties confirm that they have read each provision of this Agreement and fully understood its terms, implications, and obligations. Each Party has had sufficient time to review and consider the terms of this Deed and agrees that no part of the Agreement is unclear or ambiguous to them. Both Parties have obtained legal advice before executing this Agreement.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 9.7. The Parties further agree that this Deed is a binding legal document, enforceable by law, and that the Parties intend for this Deed to be the full and final settlement of all matters described herein. No claims of misunderstanding, misinterpretation, or lack of legal advice shall be grounds for the invalidation or modification of this Deed in the future.
9.8. Both Parties confirm that they have negotiated the terms of this Deed in good faith and acknowledge that the terms are fair, just, and reasonable under the circumstances. No Party has been placed at a disadvantage during the negotiation or drafting process, and each Party acknowledges that their interests have been sufficiently protected.
The instant MOU shall be made to have 6 original sets containing 26 PAGES in each set which will be signed by the First party and endorsed by the Indian Embassy at Bangkok, Thailand, facilitated to be submitted before the Hon'ble Supreme Court of India ,before the Hon'ble Court of the Judge, I Additional Family Court - Cum - XIV Additional Metropolitan Sessions Judge, Hyderabad in O.P. No. 202/2020, the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka in O.S.No-322/2022, and before the Hon'ble National Company Law Tribunal, Hyderabad, Telangana in C.P.No- 431/241/HDB-2020, dated 04.09.2020.One original set each will be with the First party and the Second party.
ANNEXURE -A COPY OF THE MAP DEPICTING THE BOUNDARIES OF THE BENGALURU PROPERTY ANNEXURE-B COPY OF THE APPLICATION BEING FILED BEFORE THE HON'BLE III ADDITIONAL SENIOR CIVIL JUDGE ,BENGALURU RURAL COURT ATBENGALURU,KARNATAKA ANNEXURE -C WITHDRAWAL/COMPROMISE OF PENDING CASES:
BY FIRST PARTY:
The First Party agrees and undertakes to take necessary steps for withdrawal of the following criminal and civil
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NC: 2024:KHC:41054 WP No. 27083 of 2024 cases filed against the Second Party, her family members and any professionals associated with Second Party.
Crime No-84/2022, dated 07-04-2022 registered in Whitefield Police Station, Bangalore ,Karnataka. Present stage : Pending investigation in Kothanur Police Station, Bangalore, Karnataka.
CC.No-5469/2023 pending before the Hon'ble 1st Addl-Chief Judicial Magistrate, Bangalore, Karnataka. Present stage : Pending investigation in Kothanur Police Station, Bangalore, Karnataka.
Crime No.223/2023 ,dated 26.07.2023 registered in Central Crime Station, DD, Hyderabad Present stage : Pending investigation in Central Crime Station, DD, Hyderabad.
S.R.No-5109/2023 pending before the Hon'ble XII Addl.Chief Metropolitan Magistrate, Nampally, Hyderabad against Crime No.223/2023 ,dated 26.07.2023 registered in Central Crime Station, DD, Hyderabad.
CC.No-7469/2023 pending before the Hon'ble 18-XVII Addl.Chief Metropolitan Magistrate, Nampally, Hyderabad in the private case filed against the second party and her father Mr.Nekkanti.Venkata Rao in the case of Peregrine Aids Remedies Private Limited.
C.P.No-431/241/HDB/2020, dated 04.09.2020 pending before the Hon'ble National Company Law Tribunal ,Hyderabad.
Crime No.184/2024, dated 24.07.2024 registered in Central Crime Station, DD, Hyderabad .Present stage : Pending investigation in Central Crime Station, DD, Hyderabad.
Writ Petition (C) 12441/2024 before Hon'ble High Court of Delhi.
CRLP-8985/2024 pending before the Hon'ble High Court of Telangana.
CRLP-1391/2024 pending before the Hon'ble High Court of Telangana.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 Writ Petition No. 11728 of 2023 pending before the Hon'ble High Court of Karnataka, Bengaluru.
Writ Petition No. 23944/2024 pending before Hon'ble High Court of Karnataka.
Writ Petition No. 23868/2024 pending before Hon'ble High Court of Karnataka.
BY SECOND PARTY -
The Second Party agrees to take necessary steps for withdrawal/quashing of the following criminal and civil cases filed against the First Party and his family members.
Crime No-742/2019 ,dated 14-11-2019 registered in Jubilee hills police station, Hyderabad ,Telangana, U/Sections 406,420 &120-B IPC.
Crime No-48/2020 ,dated 14-02-2020 registered in Halasurgate police station Bangalore city, Karnataka, U/Sections 354(D) ,506,114 and 34 IPC CC.No-13232/2021 pending before the Hon'ble Addl- Chief Metropolitan Magistrate ,Bangalore ,Karnataka in the case of Crime No-48/2020 ,dated 14- 02-2020 registered in Halasurgate police station Bangalore city, Karnataka, U/Sections 354(D) ,506,114 and 34 IPC Crime No-488/2020 ,dated 07-10-2020 registered in Jubilee hills police station, Hyderabad ,Telangana, U/Sections 498(A),506 IPC,4 &6 DP Act.
CC.No-5893/2021 pending before the Hon'ble 14-XII Addl.Chief Metropolitan Magistrate ,Nampally, Hyderabad in the case of Crime No-488/2020 ,dated 07- 10-2020 registered in Jubilee hills police station, Hyderabad ,Telangana, U/Sections 498(A),506 IPC,4 &6 DP Act.
Writ Petition No- 4899/2021 pending before the High Court of Karnataka.
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NC: 2024:KHC:41054 WP No. 27083 of 2024 JOINT COMPROMISE PETITIONS TO BE FILED BY BOTH PARTIES BEFORE THE HON'BLE SUPREME COURT OF INDIA Crl.A.No.001754/2023 registered on 05.07.2023 in SLP(Crl).No-000082/2021 registered on 05.01.2021 Crl.A.No.001755/2023 registered on 05.07.2023 in SLP(Crl).No-004506/2021 registered on 29.06.2021 SLP( Crl) -8279/2022 JOINT COMPROMISE PETITION TO BE FILED IN CIVIL COURT AT BENGALURU O.S.No- 322/2022, dated 08-02-2022 pending adjudication before the Hon'ble III Additional Senior Civil Judge, Bengaluru Rural Court at Bengaluru, Karnataka.
IN WITNESS WHEREOF, the First Party and the Second Party herein have signed the instant memorandum of compromise cum Final settlement agreement deed on this day ,month and year before the following witnesses."
3. In the light of application compounding for being filed along with the memorandum of compromise and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition.
4. Therefore, in the light of the settlement arrived at between the parties as afore-quoted, the following:
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NC: 2024:KHC:41054
WP No. 27083 of 2024
ORDER
i. Writ petition is disposed.
ii. Proceedings in Crime No.84/2022 pending before the Whitefield Police Station and complaint dated 30.03.2022 pending before the Additional Chief Judicial Magistrate, Bengaluru Rural District, stand quashed qua the petitioner.
Sd/-
(M.NAGAPRASANNA) JUDGE SJK List No.: 3 Sl No.: 3 CT: BHK