Mr. Naseer Ahamad v. The Police Inspector

HC-KAR, NC: 2026:KHC:47637

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 28 DAY OF AUGUST, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO.13157 OF 2026 (482(Cr.PC)

/ 528(BNSS)-)

BETWEEN:

, MR.,NASEER,AHAMAD,, S/O,SHAIK,GAFUR,, AGE,ABOUT,52,,YEARS,, ST NO.60/C,,1 ,CROSS,,, THSFS,707,4 ,YELAHANKA,NEW,TOWN,,,

YELAHANKA,,, BANGALORE,-,560,064., …PETITIONER, (BY,SRI.,C.N.,MAHADESHWARAN,,ADVOCATE), , AND:

1., THE,POLICE,INSPECTOR,, by PADMAVATHI YELAHANKA,, B K BANGALORE,-,560,064., Location: High Court of , Karnataka

2., KOSAMATTAM,FINANCE,LIMITED,, STNO.33/3,,1 ,FLOOR,, HENNUR,,, BANGALORE,-,560,043,,, REPRESENTED,BY,ITS,, REGIONAL,OFFICE,MANAGER,, MR.,JAYAPRAKASAN,K,, AGED,ABOUT,38,YEARS., …RESPONDENTS, (BY,SMT.,DEEPTHI,ALVA,,HCGP,FOR,R1;, ,,,,,,SRI.,NITHYANANDA,K,R,,ADVOCATE,FOR,R2),

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASHING THE FIR IN CR.NO.454/2024 DATED 13.09.2024 REGISTERED IN YELAHANKA NEW TOWN POLICE STATION, BANGALORE AS AGAINST PETITIONER.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayers: "a) Pass an order quashing the FIR in Cr.No.454/2024 dated 13/09/2024 registered in Yelahanka New Town Police Station, Bangalore as against petitioner; b) Pass any other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case."

¶2Heard Sri.C.N.Mahadeshwaran, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Nithyananda K.R., learned counsel appearing for respondent No.2 and have perused the material on record.

¶3During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have entered into a Memorandum of Understanding in that regard which reads as follows: "Whereas, the aforementioned parties desired to resolve the dispute and criminal cases by an amicable settlement with terms and conditions mentioned below. Whereas, the First Party, M/s. Kosamattom Finance Ltd is a Non Banking financial Institution Registered under Companies Act and licensed by Reserve Bank of India, having several branches, one of such branch is also at Yelahanka which is within the jurisdiction of first party. The second party who were the customer of the above said financial company. The object of the above mentioned finance company is to sanction financial loans to its customers on security/pledge of gold ornaments. It was noticed that the persons mentioned as second party above, has collectively misappropriated a sum of Rs.1,93,55,781. In this regard, the First Party had lodged a police complaint against the second party before the Yelahanka new town police station. The case is registered as crime No.454/2024 for offenses punishable IPC: 1860 (u/s - 420). When matter stood thus, first party and second party, after mutual consultations, have decided to resolve the dispute amicably, hence they have entered into this Memorandu of Understanding (MoU) coupled with ed of compromise.

THE MEMORANDUM OF UNDERSTANDING WITNESSETH AȘ FOLLOWS;

1.The second party pledge 36 accounts amount of Rs.1,93,55,781 Total weight of ornaments 6291 grams, in this acutal gold was approximate weight 1559.00

grams. The ornaments under Interim custody with 1st party under issued by 7th ACJM Court Bangalore city. PF 183/2024.

¶2Now both the parties 1st & 2nd parties ready to settle the dispute and agreed to close the criminal case before the competent court of law way of selling the total ornaments ie. 36 accounts annexure attached and adjust to the Loan & liability also undertaken the First Party will not initiate any further action or proceedings against the second party on this issue.

¶3On this understanding first party has agreed to enter into a compromise between the second party collectively and agreed to sign all the required compromise deed and any document in connection with thereon.

¶4The 2nd party has agreed to file an appropriate petition before the high court to get the proceedings caused at the earliest and the 1st party has agreed to cooperate with the 2nd party in the same.

In witness whereof, the parties have signed this Memorandum of Understanding in presence of following witnesses. so also witnesses have attested their signature in the presence of the parties on the date, month and year mentioned above in the city of Bangalore"

¶4The parties to the lis are present before the Court and are identified by their respective counsels.

¶5In the light of the Memorandum of Understanding as quoted supra having entered into between the parties to the lis and that being filed and offence not being against the State,

I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition.

¶6For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] FIR in Crime No.454/2024 registered in Yelahanka New Town Police Station, Bangalore, stands quashed qua the petitioner.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 4 Sl No.: 19