CRL.P/13120/2026 of SRINIVAS. H.B. Vs THE STATE OF KARNATAKA on 28 August 2026

ORAL ORDER

The petitioners are before this Court seeking the following prayers: "a. QUASH the entire proceedings in C.C.No.11155/2023 pending on the file of VII Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Sec. 143, 457, 448, 427 R/w Sec 149 of IPC.

b. Grant such other releif or order/s which this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice."

2. Heard Smt. Kavya Shree K., learned counsel along with Smt. Keerthi Krishna Reddy, learned counsel appearing for the petitioners and Smt. Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1.

3. This Court on 25.08.2026 had passed the following order:

"The petitioner is before the Court calling in question continuance of proceeding in C.C.No.11155/2023 on the ground that the matter has been settled between the parties and the

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settlement would record all the proceedings to be withdrawn. Notwithstanding the same, the only proceeding that is pending is the subject proceeding. The agreement arrived at between the petitioner and the complainant reads as follows:

"4. Withdrawal of All Legal Proceedings

Both parties agree to withdraw/consent for closure of the following cases:

O.S. No.3563/2025

O.S. No.3935/2025

M.F.A. No.6325/2023

M.F.A. No.7029/2025

W.P. No. 15175/2025

Crl.P. No.7055/2025

Crl.P. No.7586/2025

A.C. No.309/2025

Com A.A. No.337/2025

OS.No.3973/2021

W.P.No.13836/2025

W.A.No.740/2025

W.P.No.14263/2025

W.P.No.14981/2025

CRL.MISC.NO.3830/2025

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CC.NO.11155/2023

And all other connected or related proceedings."

The last of the proceeding in the said agreement is C.C.No.11155/2023. Therefore in the light of the said settlement arrived at between the parties, there shall be an interim order of stay of further proceedings in C.C.No.11155/2023 pending before the VII Addl. Chief Judicial Magistrate, Bengaluru, qua the petitioner, till the next date of hearing.

List the matter on 28.08.2026 in the fresh matters list."

The learned counsel was directed to place on record closure of any case referring to the Memorandum of Understanding before any judicial fora.

4. The learned counsel appearing for the respondent/ complainant has filed a memo along with the documents. The memo reads as follows: "Memo of Production of Documents

The Petitioner submits as follows;

1. It is most humbly submitted that, the Compliant herein has entered into a Memorandum of understanding dated 2.12.2025 wherein the Complainant by virtue of entering into the said MOU has agreed to withdraw all the claims exists by and

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between "Sri Sharadha Vidyanikethan society" and "Thubrahalli foundation Trust" in which the said proceedings under Challenge in C.C.No.11155/2023 is also included.

2. It is submitted that, the copy of the electronic order sheet in Com.A.A.No.337/2025 depicting the withdrawal of the application by virtue of the compromise entered under the Memorandum of understanding dated 2.12.2025 is herewith produced along with his Hon'ble Court, the same may kindly be taken on record to meet the ends of justice.

Advocate for Applicant filed a memo producing Board resolution dated 25.11.2025 and also memorandum of understanding dated 02.12.2025.

Learned counsel submits that the parties to the present dispute have entered into a fresh memorandum of understanding and in view of the same the applicant does not wish to proceed further with the present case.

Submission noted.

Petition disposed of as matter settled between the parties."

The documents appended are the orders of the concerned Court in Commercial Arbitration Application No.337/2025. The concerned Court has disposed the proceedings recording the memorandum of understanding entered into between the parties and the statement that the applicant is not willing to pursue the matter any further.

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5. The Memorandum of Understanding records the subject C.C. i.e., C.C.No.11155/2023, as was quoted in the interim order noted supra. In the light of the Memorandum of Understanding and all the disputes between the parties closed on the strength of the Memorandum of Understanding, the understanding also recording closure of the present CC, I deem it appropriate to dispose the petition with obliteration of the proceedings in C.C.No.11155/2023, as a matter of form.

6. For the aforesaid reasons, the following:

ORDER

(i) The criminal petition is disposed.

(ii) The proceedings in C.C.No.11155/2023 pending on the file of VII Additional Chief Judicial Magistrate, Bengaluru stands quashed.

Sd/- (M.NAGAPRASANNA) JUDGE

JY List No.: 2 Sl No.: 31