SHRI PRATIK SUSHIL MANTRI v. THE STATE OF KARNATAKA
Court: High Court of Karnataka
Bench: M G UMA
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-19. SHRI PRATIK SUSHIL MANTRI v. THE STATE OF KARNATAKA. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - WP No. 14060 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 19 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 14060 OF 2021 (GM-RES) BETWEEN: 1. SHRI. PRATIK SUSHIL MANTRI S/O SHRI SUSHIL MANTRI AGED ABOUT 31 YEARS M/S MANTRI DEVELOPERS PVT LTD. , MANTRI HOUSE, NO. 41, VITTAL MALLYA ROAD BANGALORE-560001 2. SHRI SNEHAL MANTRI W/O SUSHIL PANDURANG MANTRI AGED ABOUT 58 YEARS M/S MANTRI DEVELOPERS PVT LTD. , MANTRI HOUSE, NO. 41, VITTAL MALLYA ROAD BANGALORE-560001 Digitally signed 3. SHRI SUSHIL PANDURANG MANTRI by SWAPNA V S/O SHRI PANDURANG MANTRI Location: high court of AGED ABOUT 58 YEARS karnataka DIRECTOR M/S MANTRI DEVELOPERS PVT LTD. , MANTRI HOUSE, NO. 41, VITTAL MALLYA ROAD BANGALORE-560001 …PETITIONERS (BY SMT. VANDANA P. L, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION - 2 - WP No. 14060 of 2021 BANGALORE CITY, REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BANGALORE-560001 2. MR.
PRASANNA S K S/O K SRINIVAS SHEREGAR AGED ABOUT 34 YEARS RESIDING AT NO. G-26, PRABHAVATHI HEAVEN RD ST 3 CROSS, 1 MAIN, TH BTM 4 STAGE, DEVERACHIKKANAHALLI BANGALORE-560076 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R. 1; SMT. JAITHRA J NARAYAN, ADVOCATE FOR R. 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED 30. 07. 2019 AND RESULTANT FIR DATED 30. 07. 2019 IN CRIME NO. 147/2019 OF THE RESPONDENT CUBBON PARK POLICE STATION ARRAIGNING THE PRESENT PETITIONERS AS ACCUSED NOS. 3 TO 5 RESPECTIVELY FOR THE OFFENCE PUNISHABLE U/SEC. 406, 409, 420, 120B R/W SECTION 34 OF IPC TH PENDING ON THE FILE OF 4 ADDL. CMM COURT, BANGALORE AND THE RESULTANT INVESTIGATION VIDE ANNEXURE-A AND B TO THE PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - WP No. 14060 of 2021 ORAL ORDER Heard Sri. Vandana P.
L, learned counsel for the petitioners, Smt. Rashmi Jadhav, Additional SPP for respondent No. 1 and Smt. Jaithra J. Narayan, learned counsel for respondent No. 2. Perused the records. 2. Learned counsel for the petitioners and respondent No. 2 submit in unison that the parties have amicably settled their dispute in terms of the joint affidavit filed before the Court. 3. The joint affidavit reads as under; JOINT AFFIDAVIT "We, 1) Mr. Prathik Sushil Mantri s/o Sushil Pandurang Mantri aged about 36 years 2) Mrs. Snehal Mantri w/o Sushil Pandurang Mantri aged about 61 years 3) Mr. Sushil Pandurang Mantri s/o Pandurang Mantri, aged about 62 years are at No. 5-1, C/5, Rich Homes, Richmond Road, Richmond Town, Bengaluru - 560025, the petitioner and Mr. Prasanna S. K S/o Sri. K.
Srinivas Sheregar, aged about rd 37 years, residing at G-26, Prabhavathi Heaven, 3 st th Cross, 1 Main, BTM 4 Stage, Deverachikkanahalli, nd Bengaluru - 560076, the 2 respondent, do hereby jointly affirm and state the oath as follows: 1. We swear that the present petition is filed by the petitioners seeking quashing of the FIR in Crime No. 147/2019 and dated 30. 07. 2019 filed by the first - 4 - WP No. 14060 of 2021 respondent Cubbon Park Police Station upon receipt of nd complaint by the 2 respondent. Interim order was granted by this Hon'ble Court pending the disposal of main petition, staying all further proceedings in the said crime number. 2. We swear that grievance of the complainant was that the petitioner company has received amount for apartment and failed to deliver the apartment or refund nd the money. Now, the 2 respondent and the petitioners have entered into a Settlement agreement dated 14. 11. 2024 and taken possession of the Unit No. C-007 instead of Unit No.
F-2106 in Project 'Mantri Webcity'. Whereby the dispute in the above detailed FIR has been resolved in its entirety. A copy of the settlement agreement dated 14. 11. 2024 is herewith produced at Hon'ble Court as Document No. 1. 3. In view of the above settlement agreement and the observations in Gian Singh v. State of Punjab, it is most prayed that this Hon'ble Court be pleased to allow the writ petition and consequently quash the FIR in Crime No. 147 of 2019 dated 30. 07. 2019 pending on the file of st 1 respondent Cubbon Park Police Station arraigning the present petitioner as accused upon a joint memo/affidavit in the interest of justice. Whatever stated above is true and correct to the best of our knowledge, information and belief and we believe them to be true. " 4. Learned counsel for respondent No. 2 specifically stated that, since the dispute is amicably settled in terms as stated in the affidavit, he has no objection to allow the petition. - 5 - WP No. 14060 of 2021 5.
The joint affidavit and the submissions are placed on record. 6. The petitioners and respondent No. 2 admit the contents of the joint affidavit. 7. It is brought to the notice of this Court that the similar petitions filed in W. P. No. 15240/2021 connected with W. P. No. 12911/2022 are also settled and the petitions are allowed. 8. In view of the above, I deem it appropriate to quash the FIR as the dispute is amicably settled. Accordingly, I pass the following ORDER (i) The writ petition is allowed. (ii) The complaint dated 30. 07. 2019 and the FIR registered in Crime No. 147/2019 of Cubbon Park Police Station, on the file of th the learned 4 Additional CMM Court, Bangalore for the offences punishable under - 6 - WP No. 14060 of 2021 Sections 406, 409, 420, 120B read with Section 34 of Indian Penal Code (for short 'IPC'), are hereby quashed. Sd/- (M G UMA) JUDGE NBM List No. : 2 Sl No. : 3
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