Full Judgment Text
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9537 OF 2025 (GM-RES)
BETWEEN:
1. SRI.RAJA BAGMANE
MANAGING DIRECTOR
BAGMANE DEVELOPERS PVT LTD
AGED ABOUT 63 YEARS,
S/O CHANDREGOWDA
TH
5 FLOOR, B BLOCK,
LAUREL BUILDING
C V RAMAN NAGAR,
BANGALORE - 560 093
(INCORPORATED UNDER COMPANIES ACT 1950)
2. SRI D V RAMAKRISHNA
DIRECTOR,
BAGMANE DEVELOPERS PVT LTD
AGED ABOUT 54 YEARS
S/O VENKATARAMANAPPA,
TH
5 FLOOR, B BLOCK,
LAUREL BUILDING
C V RAMAN NAGAR,
BANGALORE - 560 093
(INCORPORATED UNDER COMPANIES ACT 1950)
…PETITIONERS
(BY SRI. BIPIN HEGDE, ADVOCATE FOR
Digitally
signed by
SANJEEVINI J
KARISHETTY
Location:
High Court of
Karnataka
SRI. KIRAN J., ADVOCATE)
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
AND:
1.
STATE OF KARNATAKA
THROUGH THE YELAHANKA POLICE STATION
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. SMT.ANITHA S
D/O THYAMMA
AGED ABOUT 40 YEARS
ALALLASANDRA,
GKVK POST,
YELAHANKA,
BENGALURU CITY
KARNATAKA - 560 065
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;
SRI. RAKSHITH GOWDA K.S., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA AND SECTION 528 OF
BHARATIYA NYAYA SANHITA, 2023 PRAYING TO QUASH THE
COMPLAINT DATED 07/01/2025 FILED BY THE RESPONDENT
NO.2 WITH R1 POLICE (ANNX-A). b) DIRECTION TO QUASH
FIR BEARING CRIME NO.0005/2024 DATED 03/01/2024 FILED
BY R1 HEREIN ON THE FILE OF ADDL. CHIEF METROPOLITAN
MAGISTRATE BENGALURU DISTRICT (ANNX-B).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question
the registration of a crime in Crime No.5/2024 registered for
offences punishable under Sections 506, 34, 504, 447 and 114
of the IPC.
2. Heard Sri. Bipin Hegde, learned counsel appearing
for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP
appearing for respondent No.1, Sri. Rakshith Gowda K.S.,
learned counsel appearing for respondent No.2 and have
perused the material on record.
3. 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 an affidavit. The affidavit so filed reads as follows:
" AFFIDAVIT
I, Smt. Anitha S, W/o Sri.Loaknath.K, aged about 41
years, residing at Allalasandra, GKVK Post, Yelahanka,
Bengaluru, Karnataka, do hereby solemnly affirm on oath
and state as follows:-
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
01. I affirm that I have settled the matter out of court
with the Petitioners and have executed documents to that
effect. In view of the same, I do not wish to pursue the
FIR and the FIR may be quashed as withdrawn.
02. I state and affirm that the Family of Late Nanjappa
had disagreement with respect to the sharing of their
properties. One Smt. Yashoda family member of Late.
Nanjappa filed OS No.26016/2014 for Partition of the
properties bearing Sy No.25, 57, 58/1, 109, 23, 107/2
situated at Allalasandra, Bengaluru against the other
family members before the Addl. City Civil and Sessions
Court, Mayo Hall at Bengaluru. The Petitioner had entered
into Joint Development agreement with some of the
family members with respect to SY No.58/1, 23 at
Allalasandra.
03. I further affirm that Smt. Yeshodha, the Plaintiff in OS
No.26016/2014 filed an Interim application for Temporary
injunction which was granted by the Hon'ble City Civil &
Sessions Court of Mayo Hall, at Bangalore vide order
dated 1 April, 2023 in respect of the A suit schedule
property of the suit.
04. I further affirm that thereafter I, arrayed as
Defendant No.8 (a) in OS No.26016/14 and filed an
application under order 39 Rule 2 (a) for disobedience of
the order of the court before the Hon'ble court for
violation of the interim order dated 1 April, 2023. Enquiry
was conducted by the Hon'ble court and the Application
for contempt was converted into contempt petition
bearing Misc No.25023/2024 on 18-3-2024.
05.I further affirm that I lodged police complaint on
3.1.2024 before the Yelahanka police and the said police
registered FIR against the Petitioners herein in Crime
No.0005/2024 for the offence punishable Under Section
506, 34, 504, 447, 114 of IPC. i.e., against the directors
of Bagmane Developers Pvt Ltd, Sri.Raja Bagmane and
D.V Ramakrishna. The police complaint was filed on the
ground that work was carried out in the Sy No.23 and
58/1 by violating the interim order of injunction.
06. I further affirm that, subsequently there was a
compromise between the parties and the Bagmane
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
Developers Private Ltd entered into a
compromise/settlement with me and others in respect of
property bearing SY No.58/1, 23 of Allalasandra,
Yelahanka, Bangalore. In view of the
compromise/settlement I decided take back all my
allegations.
07. I further affirm that I do not wish to pursue the
aforesaid FIR and the FIR may be quashed as withdrawn
and not pressed.
WHEREFORE, the FIR in bearing Crime No. 0005/2024
dated 3.01.2024, on pending file of 37 Additional Chief
Judicial Magistrate at Bengaluru, FIR may be quashed as
not pressed in the interest of justice and equity.
Whatever the contents of this affidavit are true and
correct to the best of my knowledge, information and
belief.
Verified and signed at Bengaluru on this the 3rd
day of February 2026."
4. In the light of the settlement arrived at between the
parties quoted supra and offences not being against the State,
I deem it appropriate to accept the affidavit and terminate the
proceedings against these petitioners in the subject petition.
5. For the aforesaid reasons, the following:
ORDER
i. Writ Petition stands disposed.
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
ii. Proceedings in Crime No.5/2024 pending before the
Additional Chief Metropolitan Magistrate, Bengaluru
District, qua these petitioners stand quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 1 Sl No.: 74
CT:SG
NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 31 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9537 OF 2025 (GM-RES)
BETWEEN:
1. SRI.RAJA BAGMANE
MANAGING DIRECTOR
BAGMANE DEVELOPERS PVT LTD
AGED ABOUT 63 YEARS,
S/O CHANDREGOWDA
TH
5 FLOOR, B BLOCK,
LAUREL BUILDING
C V RAMAN NAGAR,
BANGALORE - 560 093
(INCORPORATED UNDER COMPANIES ACT 1950)
2. SRI D V RAMAKRISHNA
DIRECTOR,
BAGMANE DEVELOPERS PVT LTD
AGED ABOUT 54 YEARS
S/O VENKATARAMANAPPA,
TH
5 FLOOR, B BLOCK,
LAUREL BUILDING
C V RAMAN NAGAR,
BANGALORE - 560 093
(INCORPORATED UNDER COMPANIES ACT 1950)
…PETITIONERS
(BY SRI. BIPIN HEGDE, ADVOCATE FOR
Digitally
signed by
SANJEEVINI J
KARISHETTY
Location:
High Court of
Karnataka
SRI. KIRAN J., ADVOCATE)
- 2 -
NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
AND:
1.
STATE OF KARNATAKA
THROUGH THE YELAHANKA POLICE STATION
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. SMT.ANITHA S
D/O THYAMMA
AGED ABOUT 40 YEARS
ALALLASANDRA,
GKVK POST,
YELAHANKA,
BENGALURU CITY
KARNATAKA - 560 065
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;
SRI. RAKSHITH GOWDA K.S., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA AND SECTION 528 OF
BHARATIYA NYAYA SANHITA, 2023 PRAYING TO QUASH THE
COMPLAINT DATED 07/01/2025 FILED BY THE RESPONDENT
NO.2 WITH R1 POLICE (ANNX-A). b) DIRECTION TO QUASH
FIR BEARING CRIME NO.0005/2024 DATED 03/01/2024 FILED
BY R1 HEREIN ON THE FILE OF ADDL. CHIEF METROPOLITAN
MAGISTRATE BENGALURU DISTRICT (ANNX-B).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
- 3 -
NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question
the registration of a crime in Crime No.5/2024 registered for
offences punishable under Sections 506, 34, 504, 447 and 114
of the IPC.
2. Heard Sri. Bipin Hegde, learned counsel appearing
for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP
appearing for respondent No.1, Sri. Rakshith Gowda K.S.,
learned counsel appearing for respondent No.2 and have
perused the material on record.
3. 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 an affidavit. The affidavit so filed reads as follows:
" AFFIDAVIT
I, Smt. Anitha S, W/o Sri.Loaknath.K, aged about 41
years, residing at Allalasandra, GKVK Post, Yelahanka,
Bengaluru, Karnataka, do hereby solemnly affirm on oath
and state as follows:-
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NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
01. I affirm that I have settled the matter out of court
with the Petitioners and have executed documents to that
effect. In view of the same, I do not wish to pursue the
FIR and the FIR may be quashed as withdrawn.
02. I state and affirm that the Family of Late Nanjappa
had disagreement with respect to the sharing of their
properties. One Smt. Yashoda family member of Late.
Nanjappa filed OS No.26016/2014 for Partition of the
properties bearing Sy No.25, 57, 58/1, 109, 23, 107/2
situated at Allalasandra, Bengaluru against the other
family members before the Addl. City Civil and Sessions
Court, Mayo Hall at Bengaluru. The Petitioner had entered
into Joint Development agreement with some of the
family members with respect to SY No.58/1, 23 at
Allalasandra.
03. I further affirm that Smt. Yeshodha, the Plaintiff in OS
No.26016/2014 filed an Interim application for Temporary
injunction which was granted by the Hon'ble City Civil &
Sessions Court of Mayo Hall, at Bangalore vide order
dated 1 April, 2023 in respect of the A suit schedule
property of the suit.
04. I further affirm that thereafter I, arrayed as
Defendant No.8 (a) in OS No.26016/14 and filed an
application under order 39 Rule 2 (a) for disobedience of
the order of the court before the Hon'ble court for
violation of the interim order dated 1 April, 2023. Enquiry
was conducted by the Hon'ble court and the Application
for contempt was converted into contempt petition
bearing Misc No.25023/2024 on 18-3-2024.
05.I further affirm that I lodged police complaint on
3.1.2024 before the Yelahanka police and the said police
registered FIR against the Petitioners herein in Crime
No.0005/2024 for the offence punishable Under Section
506, 34, 504, 447, 114 of IPC. i.e., against the directors
of Bagmane Developers Pvt Ltd, Sri.Raja Bagmane and
D.V Ramakrishna. The police complaint was filed on the
ground that work was carried out in the Sy No.23 and
58/1 by violating the interim order of injunction.
06. I further affirm that, subsequently there was a
compromise between the parties and the Bagmane
- 5 -
NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
Developers Private Ltd entered into a
compromise/settlement with me and others in respect of
property bearing SY No.58/1, 23 of Allalasandra,
Yelahanka, Bangalore. In view of the
compromise/settlement I decided take back all my
allegations.
07. I further affirm that I do not wish to pursue the
aforesaid FIR and the FIR may be quashed as withdrawn
and not pressed.
WHEREFORE, the FIR in bearing Crime No. 0005/2024
dated 3.01.2024, on pending file of 37 Additional Chief
Judicial Magistrate at Bengaluru, FIR may be quashed as
not pressed in the interest of justice and equity.
Whatever the contents of this affidavit are true and
correct to the best of my knowledge, information and
belief.
Verified and signed at Bengaluru on this the 3rd
day of February 2026."
4. In the light of the settlement arrived at between the
parties quoted supra and offences not being against the State,
I deem it appropriate to accept the affidavit and terminate the
proceedings against these petitioners in the subject petition.
5. For the aforesaid reasons, the following:
ORDER
i. Writ Petition stands disposed.
- 6 -
NC: 2026:KHC:6311
WP No. 9537 of 2025
HC-KAR
ii. Proceedings in Crime No.5/2024 pending before the
Additional Chief Metropolitan Magistrate, Bengaluru
District, qua these petitioners stand quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 1 Sl No.: 74
CT:SG