IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.4471 OF 2023 BETWEEN:
1. KARTIKEY ENTERPRISES A PROPRIETORSHIP FIRM (OPERATING UNDER THE BRAND NAME 'FIBUL LOAN')
HAVING ITS OFFICE AT FIRST, FLOOR, SHOP NO. 9, 07 G BLOCK, SRI GANGANAGAR, RAJASTHAN, 335001 THROUGH ITS PROPIETOR, MS. SONU SWAMI, 2. MS. SONU SWAMI W/O MR. MOHIT SWAMI, Digitally signed by AGED ABOUT 34 YEARS PADMAVATHI B K R/O 2A36 JAWAJAR NAGAR Location: HIGH COURT OF SRI GANGANAGAR KARNATAKA RAJASTHAN 335001.
3. MR. MOHIT SWAMI S/O JAGDISH SWAMI AGED ABOUT 32 Y EARS, R/O 2A36 JAWAJAR NAGAR SRI GANGANAGAR RAJASTHAN 335001.
…PETITIONERS (BY SRI. SHASHANK NAGENDRAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY CEN POLICE SATATION, NORTH DIVISION BENGALURU CITY REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE
2. MS PRIYA VIPIN W/O VIPIN MOHA, AGED ABOUT 38 YEARS, R/O FLAT NO. 001 GSS PRADISE, 22ND CROSS 2ND MAIN KUVEMPU ROAD VIGNAN NAGAR, NEW THIPPASANDRA, BANGALORE …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1;
SRI VIPIN N. ADVOCATE FOR R2)
CRL.P FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.835/2023 DATED 01.04.2023 REGISTERED AT CEN P.S., NORTH DIVISION BENGALURU CITY I ADDL. C.M.M COURT NRUPATUNGA ROAD, BENGALURU CITY FOR COMMISSION OF THE OFFENCE P/U/S 66C,66D OF I.T ACT AND SEC.420 OF IPC. I.A.NO.1/2023 FOR COMPOUND THE OFFENCE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri Shashank Nagendran, learned counsel appearing for the petitioners.
2. Petitioners are before this Court calling in question registration of crime in Crime No.835 of 2023 for offence punishable under Section 66C and 66D of the Information Technology Act, 2000. During the pendency of the petition, the parties have settled the dispute and have filed an application seeking compounding of the offences, which is accompanied by a joint affidavit. The affidavit, insofar as germane, reads as follows:
"5. The Deponent No.4 has agreed to compromise and quash FIR No.835/2023 dated 01.04.2023 registered CEN Police Station, North Division, Bengaluru City for commission of the offence under Section 66C/66D of the Information Technology Act, 2000 and S.420 of the Indian Penal Code, 1860 and the proceedings emanating therefrom against Deponent Nos.1 to 3 herein. The Deponent No.4 has no objection to compromise and quash the instant matter.
6. Deponent No.4 confirms that there are no claims whatsoever in future with respect to Deponents 1 to 3 and that the Deponent No.4 has received INR3,15,000/- (Indian National Rupees of Three Lakh Fifteen thousand only) as full and final settlement by way of RTGS bank transfer she has given her no objection/consent of her own free will and that there is no pressure or undue influence being exercised on her by either Deponent No.1 to 3 or anybody else.
7. In view of the amicable resolution of disputes between Deponent No.1 to 3 an Deponent No.4, it is humbly stated that this is a fit and proper case for this Hon'ble Court to exercise its inherent power to quash and set aside the FIR and the proceeding emanating therefrom.
Therefore the Deponents above named jointly pray that this Hon'ble Court be pleased to consider the circumstances of compromise between the deponents herein and on that basis, quash the proceedings in Crime No.835/2023 registered by the CEN Police Station, North Division, Bengaluru City, for the Offences punishable under Section 66C/66D of the Information Technology Act, 2000 and S.420 of the Indian Penal Code, 1860 pending on the file of the I Additional Chief Metropolitan Magistrate at Bengaluru as prayed for in the petition in the interest of justice."
3. In the light of offences being one punishable under Sections 66C and 66D of the Information Technology, Act, 2000 and Section 420 of the Indian Penal Code, and the compromise arrived at between the parties, I deem it appropriate to accept the settlement and terminate the proceedings against the petitioner. For the aforesaid reasons, the following:
O R D E R
1. Petition disposed of;
2. Proceedings in Crime No.835 of 2023 on the file of I Addl. CMM Court, Bengaluru for offence punishable under Sections 66C and 66D of the Information Technology Act, 2000 and Section
420 of the Indian Penal Code, is quashed.
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