Karnataka High Court
Tarun Agarwal vs State Of Karnataka on 21 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:7889
CRL.P No. 2050 of 2025
C/W CRL.P No. 2061 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 2050 OF 2025
(482(Cr.PC) / 528(BNSS))
C/W
CRIMINAL PETITION NO. 2061 OF 2025
IN CRL.P No. 2050/2025
BETWEEN:
1. MR AMITH AGARWAL
S/O PRAKASH AGARWAL
AGED ABOUT 48 YEARS
RESIDING AT NGB LUSABAY
PLOTNO. 4, VILLAL NO.6
2/570, SINGARAVELAN STRET
NEELANKARAI, SHOLINGANALLORE
CHENNAI 600 115
Digitally signed by 2. MS. SIMRAN SURESHCHAND
LEELAVATHI S R
Location: High W/O SHRREYANS MEHTA
Court of AGED ABOUT 28 YEARS
Karnataka RESIDING AT THENKOTTAI STREET
VIRUDHACHALAM TALUK
CUDDALORE 606 001
3. MR. ARIHANTH MEHTA
S/O SIDDHARTH MEHTA
AGED ABOUT 28 YEARS
RESIDING AT OLD NO. 157-158/11
NEW NO. 23-241/11
SYDENHAMS ROAD, PERIYAMET
PARK TOWN, CHENNAI 600003
-2-
NC: 2025:KHC:7889
CRL.P No. 2050 of 2025
C/W CRL.P No. 2061 of 2025
4. MS. POORNIMA SHENOY
W/O NARENDRA SHENOY
AGED ABOUT 56 YEARS
RESIDING AT NO. 1503
TOWER 2, L AND T RAINTREE BOULEVARD
BYATARAYANAPURA
HEBBALA ROAD
BENGALURU 560 092
...PETITIONERS
(BY SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CUBBON PARK POLICE STATION
KASTURBA ROAD
BENGALURU 560 001
REP. BY SPP AT HIGH COURT OF KARNATAKA
AT BANGALORE-01
2. TARUN AGARWAL
S/O SUNIL AGARWAL
AGED AOBUT 36 YEARS
RESIDING AT NO. 5-8-49
FATEH SULTAN MANE
AGARWAL HOUSE,
NAMPALLY
HYDERABAD 500 001
...RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1
SRI. ANIRUDH, ADVOCATE FOR
SRI. SURAJ R MANJESHWAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CRIME NO. 160/2024 PENDING ON THE FILE OF III
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, AS
PER ANNEXURE-A FILED BY PETITIONER No.1.
-3-
NC: 2025:KHC:7889
CRL.P No. 2050 of 2025
C/W CRL.P No. 2061 of 2025
IN CRL.P No. 2061/2025
BETWEEN:
TARUN AGARWAL
S/O SUNIL AGARWAL,
AGED ABOUT 35 YEARS,
RESIDING AT NO 5-8-49,
FATEH SULTAN LANE,
AGARWAL HOUSE,
NAMPALLY,
HYDERABAD- 500 001.
...PETITIONER
(BY SRI. ANIRUDH, ADVOCATE FOR
SRI. SURAJ R MANJESHWAR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CUBBON PARK POLICE STATION
KASTURBA ROAD, BANGALORE-560 001
REP. BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. AMIT AGARWAL
S/O PRAKASH AGARWAL,
AGED 48 YEARS, R/AT NGB LUXABAY.
PLOT NO. 4, VILLA NO. 6, 2/570,
SINGARAVELAN STREET,
NEELANKARAI,
SHOLLINGANALLORE,
CHENNAI- 600 115
...RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1
SRI. UDAY SHANKAR R MANGESHWAR, ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME
NO.194/2024 PENDING ON THE FILE OF III ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU, FILED BY
RESPONDENT NO.2.
-4-
NC: 2025:KHC:7889
CRL.P No. 2050 of 2025
C/W CRL.P No. 2061 of 2025
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Petitioners in Crl.P.No.2050/2025 seek the following reliefs:
"1. WHEREFORE, the petitioner prays that this Hon'ble Court may be pleased to quash the entire proceedings in Crime No.160/2024 pending on the file of the Hon'ble III Additional Chief Judicial Magistrate at Bengaluru including the FIR and Complaint registered by the respondent No.2 with Respondent No.1 Cubbon Park police station for the offences punishable U/s 3(5), 316(2), 318(4), 336(2), 336(3), 340(2) and 61 of the Bharatiya Nyaya Sanhita, 2023 produced as Annexure C and A.
2. Grant such other reliefs as this Hon'ble Court deems fit, in the circumstances of the case and in the interest of justice."
Petitioner in Crl.P.No.2061/2025 seeks the following reliefs:
-5-
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025 ""1. WHEREFORE, the petitioner prays that this Hon'ble Court may be pleased to quash the entire proceedings in Crime No.194/2024 pending on the file of the Hon'ble III Additional Chief Metropolitan Magistrate at Bengaluru including the FIR and Complaint registered by the respondent No.2 with Respondent No.1 Cubbon Park police station for the offences punishable U/s 3(5), 316(2), 318(4), of the Bharatiya Nyaya Sanhita, 2023 produced as Annexure A and C.
2. Grant such other reliefs as this Hon'ble Court deems fit, in the circumstances of the case and in the interest of justice."
2. In view of the similar facts in both the petitions, they are taken up together for disposal under this common order.
3. Heard the learned counsel for the petitioners and learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 and perused the material on record in both the petitions. -6-
NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025
4. A perusal of the material on record will indicate that respondent No.2-complainant lodged the impugned complaint on 03.09.2024 against the petitioners for alleged offences under Section 3(5), 316(2), 318(4), 336(2), 336(3), 340(2) and 6 of the Bharatiya Nyaya Sanhita, 2023 at Annexure -A. The said complaint was registered as FIR in Crime No.160/2024 which is pending before the III Additional Chief Judicial Magistrate, Bengaluru.
5. Meanwhile, respondent No.1 also filed a complaint against respondent No.2 dated 07.11.2024 which was registered as FIR No.194/2024. Subsequently, the petitioners and respondent No.2 entered into a settlement agreement dated 24.01.2025 which is produced as Annexure -B to the petition.
6. In view of the aforesaid facts and circumstances and settlement arrived between the petitioners and respondent No.2, I deem it just and proper to dispose of the petitions by quashing the proceedings in both Crime -7- NC: 2025:KHC:7889 CRL.P No. 2050 of 2025 C/W CRL.P No. 2061 of 2025 No.160/2024 as well as Crime No.194/2024 pending between the parties.
7. Accordingly, I pass the following ORDER
(i) Petitions are hereby disposed of in terms of the settlement agreement at Annexure 'B' dated 24.01.2025 entered into between the parties.
(ii) The impugned proceedings in Crime No.160/2024 and Crime No.194/2024, pending on the file of III Additional Chief Judicial Magistrate, Bengaluru, are hereby quashed in terms of the settlement agreement at Annexure 'B' dated 24.01.2025 entered into between the parties.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BVK List No.: 1 Sl No.: 23