Karnataka High Court
M/S Trishul Developers vs State Of Karnataka on 23 February, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 51245 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 51245 OF 2019 (GM-RES)
BETWEEN:
1. M/S. TRISHUL DEVELOPERS
NO. 109/B, 1ST FLOOR MITTAL TOWER,
NO.6 MG ROAD, BANGALORE-560 001,
REPRESENTED BY ITS MANAGING PARTNER
MR. NIRAJ MITTAL.
2. SHRI OM PRAKASH MITTAL
S/O MANGILAL MITTAL,
AGED ABOUT 70 YEARS,
3. SHRI NIRAJ MITTAL
S/O SHRI OM PRAKASH MITTAL,
AGED ABOUT 45 YEARS,
SPA HOLDER OF PETITIONER NOS.2, 4 & 5,
PARTNER OF PETITIONER NO.1.
Digitally signed by
R HEMALATHA
Location: HIGH
COURT OF 4. SMT. UMA MITTAL
KARNATAKA
W/O. SHRI OM PRAKASH MITTAL,
AGED ABOUT 42 YEARS
5. SMT. JYOTHI MITTAL
W/O NIRAJ MITTAL,
AGED ABOUT 42 YEARS,
PETITIONER NO.2 TO 5, RESIDING AT
94/D, 9TH CROSS, RMV EXTENSION,
BANGALORE-560 080.
...PETITIONERS
(BY SRI. VACHAN H.U., ADVOCATE)
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WP No. 51245 of 2019
AND:
1. STATE OF KARNATAKA
BY VIDYARANYAPURAM POLICE STATION,
MYSORE-570 014.
2. L AND T HOUSING FINANCE LIMITED
A NON-BANKING FINANCE COMPANY,
HAVING ITS REGISTERED OFFICE AT
L AND T HOUSE, N M MARG,
BALLARD ESTATE, MUMBAI-400 001.
...RESPONDENTS
(BY SRI. VINAYAKA V.S., HCGP FOR R-1/STATE;
SRI ANUPARNA BORDOLOI, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 25.08.2019, IN PCR
NO.154/2018, PASSED BY THE COURT OF THE JMFC (II
COURT) AT MYSORE, BEING ANNEXURE-C, PRIVATE
COMPLAINT NO.154 OF 2018 DATED 18.8.2018 FILED BY THE
R-2 AND FIR BEING ANNEXURES-A AND B, RESPECTIVELY AND
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A FIR registered in Crime No.36/2019 for the offences under Sections 447, 427 of IPC is impugned in this petition.
2. The allegation against the petitioners - accused is that, the petitioners were trespassed into the properties, which were mortgaged with the 2nd respondent - Bank. -3- WP No. 51245 of 2019
3. The parties have filed a joint memo stating that, the dispute is amicably settled between among themselves and the petitioners have paid a total sum of Rs.14,50,00,000/- to the 2nd respondent - Bank stating that, the parties have amicably settled the dispute between among themselves, which reads thus:
"1. The petitioners have paid the Respondent No.2 a total sum of Rs.14,50,00,000/- (Rupees Fourteen Crores and Fifty Lakhs) by way of cheque bearing No. 439044 dated 16.12.2020 for a sum of Rs.2,00,00,000/- and through RTGS bearing No. SBINR52020122803882776 dated 28.12.2020 and transferred 5 units (along with respective Parking Area/Garages) totally admeasuring 6335 Sq.ft. of carpet area located at Mittal Pride Mysore in favour of the Respondent No. 2 towards full and final settlement of all their claims and allegations against the petitioners.
2. Accordingly, the Respondent No. 2 consents to this Memo being allowed and that the FIR, Crime No. 36 of 2019, registered by the Respondent No.1 Police on the Respondent No. 2's Complaint in PCR No. 154 of 2018 which was filed before the Hon'ble J.M.F.C (II Court) at Mysuru, be quashed."
4. In view of the settlement between the parties, it would be a futile exercise if the petitioners are subjected to investigation, since the probabilities of the police filing charge sheet is unlikely in view of the settlement. Accordingly, I pass the following:
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ORDER
i) Writ petition is allowed.
ii) The impugned proceedings in Crime No.36/2019 registered by the Vidyaranyapuram Police Station, Mysuru City, and consequently the proceedings in PCR No.154/2018 on the file of the JMFC (II Court), Mysuru, are hereby quashed.
Sd/-
JUDGE BKM List No.: 2 Sl No.: 1