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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3150 OF 2023 BETWEEN:
1. MR. ANJAN ROY, S/O LATE M P RAY, AGED ABOUT 69 YEARS, NO. 335, 14th CROSS, 4th MAIN , SADASHIVANAGAR, BENGALURU - 560 080.
2. MRS. SUMITRA ROY, W/O ANJAN ROY, AGED ABOUT 65 YEARS, NO. 335, 14th CROSS, 4th MAIN , SADASHIVANAGAR, BENGALURU - 560 080.
Digitally signed by PADMAVATHI B K Location: H IGH 3. MRS. TANUSHREE ROY, COURT OF W/O GAURAV KUNDU, KARNATAKA AGED ABOUT 34 YEARS, NO. 335, 14th CROSS, 4th MAIN , SADASHIVANAGAR, BENGALURU - 560 080.
4. MRS. TRISHNA ROY, W/O MR. DURGA PRASAD SOM, AGED ABOUT 39 YEARS RESIDING AT B1207, BRIGADE GATEWAY, RAJAJINAGAR, BENGALURU - 560 010.
5. TROY LIFE SCIENCES, HAVING ITS REGISTERED OFFICE AT YELAHANKA NEW TOWN, BENGALURU - 560 064.
REPRESENTED BY ITS PROPRIETOR MRS. TRISHA ROY.
6. DR. A R RAMESHA, S/O RAMAKRISHNA ADIGA, AGED ABOUT 58 YEARS, 378/1, 12th 'A' MAIN ROAD, A SECTOR, YELAHANKA NEW TOWN, BENGALURU - 560 064.
7. MR. K.B RAJESH S/O LATE PNB MARAR, AGED ABOUT 49 YEARS, RESIDING AT NO. 106, SIHGD, 7th BLOCK, 5th PHASE, NEW TOWN YELAHANKA, BENGALURU - 560 064. 8. MR. P K BELIAPPA, S/O LATE P D KUTAPPA, AGED ABOUT 58 YEARS, 87, 3rd A MAIN, 5th CROSS, SOMESHWARA NAGARA, NEW TOWN, YELAHANKA, BENGALURU - 560 064.
9. MR. BISWAJIT CHAKRABORTY, S/O LATE SHANTI RANJAN, AGED ABOUT 58 YEARS, 28/2, S-HIG-B, 5th PHASE, NEW TOWN, YELAHANKA, BENGALURU - 560 064.
10. DR. CHANDRASHEKAR HOLLA, S/O D S HOLLA, AGED ABOUT 70 YEARS, NO. 10A, SUPRABHAT, 6th CROSS, 60 FEET ROAD, OPP: COSMOS LEATHER ROAD, NS PALYA EXTENSION, B G ROAD, BENGALURU - 560 076.
11. M/S FLOWCHEM PHARMA, B2-404, RAMKEY ONE NORTH, AVALAHALLI, SINGANAYAKA, YELAHANKA NEW TOWN, BENGALURU - 560 064.
REPRESENTED BY ITS DIRECTOR, MR. MRINMOY ROY, 12. MRINMOY ROY, S/O SANJIB KUMAR ROY, AGED ABOUT 32 YEARS, B2-404, RAMKEY ONE NORTH AVALAHALLI, SINGANAYAKA, YELAHANKA NEW TOWN, BENGALURU - 560 064.
13. RUMA CHAUDHARY, W/O DIPAK KUMAR CHAUDHARY, AGED ABOUT 69 YEARS, A-206, RENNAISSANCE PROSPERO, BELLARY ROAD, AMRUTHALLI, BENGALURU - 560 092.
14. DIPAK KUMAR CHAUDHARY, S/O B G CHAUDHARY, AGED ABOUT 71 YEARS, A-206, RENNAISSANCE PROSPERO, BELLARY ROAD, AMRUTHALLI, BENGALURU - 560 092
15. RAVINDRA VASANTROA KULKARNI, S/O VASANTRO KULKARNI, AGED ABOUT 53 YEARS, H 32604, WELWORTH CITY, DODDABALLAPURA MAIN ROAD, HESRAGHATTA, MARASANDRA, BENGALURU - 561 203.
16. SHEKAR N, S/O NALATHAMBI, AGED ABOUT 38 YEARS, P/R/A 5/295, MANNIVAKAM, KANCHEEPURAM, TAMIL NADU - 500 354.
17. KRISHNA S, AGED ABOUT 45 YEARS S/O V S REDDY, NO. 58/2, 2nd MAIN , 5th CROSS, KOGILU, YELAHANKA OLD TOWN, BENGALURU - 560 064.
18. VENUGOPAL S, AGED ABOUT 30 YEARS S/O SRINIVAS M K, KODALAHATTI, HOSAHALLI, HUNASAMARANAHALI, BENGALURU - 562 157.
19. MAHENDRA REDDY Y, S/O YEDDULA SUBBAREDDY, AGED ABOUT 34 YEARS, 12, THOTLI VAMPALI, CHINNARAMANNAGANAPALLE, ANANTHPUR, ANDHRA PRADESH - 515 571.
20. TRISHNA ALU, D/O AMAR KUMAR ALU, AGED ABOUT 28 YEARS AHYAMBATI, DHULEPUR, GOGHAT, HOOGLY, WEST BENGAL - 712 616.
21. GIRISH H, S/O HANUMANTHU K, AGED ABOUT 28 YEARS NO. U16, 3rd CROSS, GANESH BLOCK, NEAR MUNESHWARA TEMPLE, SHESHADRIPURAM BENGALURU - 560 020.
22. SHASHENDRA KUMARA K N, S/O NAREPPA K, AGED ABOUT 29 YEARS, R/AT 17th WARD, DASA STREET ROAD, 17th WARD, DEVANAHALLI, BENGALURU - 562 110.
…PETITIONERS (BY SRI. S G BHAGAVAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, OFFICER IN CHARGE OF YELAHANKA POLICE STATION, BENGALURU CITY - 560 064.
2. MR. PASHUPATHI P V, MAJOR, R.L FINE CHEM PRIVATE LIMITED, REPRESENTED BY ITS CEO, HAVING OFFICE AT RLFC HOUSE, C-10, 1st CROSS, KSSIDC INDUSTRIES, YELAHANKA NEW TOWN, BENGALURU - 560 064 …RESPONDENTS (BY SRI. H S SHANKAR, HCGP FOR R1;
SRI. MRINAL SHANKAR ALONG WITH SRI. DHARMA TEJ KONERU, ADVOCATES FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE INVESTIGATION IN CR.NO.49/2022 DATED 18.02.2022 OF YELAHANKA NEW TOWN POLICE STATION, YELAHANKA SUB-DIVISION, BENGALURU REGISTERED FOR THE OFFENCE P/U/S 120(B), 406, 420, 417 OF IPC, PENDING ON THE FILE OF IV ADDL.C.M.M., BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners were before this Court in Crl.P.No.2029/2022 c/w Crl.P.No.2041/2022 and Crl.P.No.2045/2022 disposed on 16.09.2022. This Court declined to interfere on the ground that the matter was to be investigated.
2. During the pendency of such investigation, the parties to the lis have arrived at a settlement and have produced a terms of settlement before this Court. The terms of settlement reads as follows:
11. The Parties agree and understand the following:
(1) Any payment made under this Agreement by one Party to another pursuant to a provision of this Agreement in relation to a Settlement Topic shall be construed as full and final payment on such Settlement Topic.
(2) No Party will initiate fresh legal proceedings against another Party on any Settlement Topic or make any claims with regard to any Settlement Topic.
(3) Due fulfilment of its obligations under this Agreement shall be construed as full release and discharge of obligations and liabilities in relation to the Settlement Topics.
(4) The execution of any additional documents as required pursuant to this Agreement or under law shall not be construed as making this settlement on the Settlement Topics revocable or non-binding. (5) Time is of the essence of this Agreement.
(6) No party shall make any adverse statements about any other Party in relation to any of the Settlement Topics either in the public domain, or before any judicial, quasi-judicial, administrative or regulatory authority.
(7) The Parties shall keep the contents of this Agreement and matters relating thereto confidential except if necessary to effectuate any term or provision of this Agreement, including any subsequent litigation to enforce this Agreement, or except as required by law or a binding order from any judicial, quasi judicial, administrative or regulatory authority.
(8) The governing law of this Agreement shall be Indian law with recourse to the courts of appropriate jurisdiction in Bangalore, subject to Clause 11 (9)
below.
(9) The Parties agree to resolve any and all claims and controversies arising hereunder, and the interpretations hereof, in good faith within thirty days of a Party's notice to the other Party of such claims or controversies. If the Parties fail to resolve any claims or controversies arising hereunder within thirty days of such notice, the Parties will resolve such claims and controversies through binding arbitration under the Arbitration and Conciliation Act, 1996 to be decided by a mutually appointed sole arbitrator with seat and venue of the arbitration being Bangalore.
(10) This Agreement may not be assigned, novated or transferred in any manner, in whole or in part, by any of the Parties in favour of another person without the prior written consent of the other Parties.
(11) In the event that any provision of the Agreement is invalid or unenforceable to any extent, the remainder portion of the Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby. Any invalid or unenforceable provision of the Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.
(12) Each Party hereto shall bear its own costs and disbursements of and incidental to the execution of this Agreement, including professional fees and costs of its respective advisors and counsel. The costs pertaining to stamp duty and registration charges shall be borne equally by the Parties.
(13) Any notice, claim or demand in connection with this Agreement shall be given in writing to the relevant Party at the address stated above (or such other address as it shall previously have notified in writing to the other Party). Any notice or other communication shall be sent by certified or registered mail or e-mail. Unless otherwise specified in this Agreement, all notices referred in this Agreement or other communi
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