IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 102054 OF 2024 BETWEEN:

1. SMT. ALKHA THAKUR, AGED ABOUT 41 YEARS, OCC: CONSULTANCY BUSINESS, GLOBAL FUTURE CONSULTANCY SCO 139-140, 2^ND FLOOR, CABIN NO. 206-207, SECTOR-9C, DIST. CHANDIGARH, POST: CHANDIGARH – 160009.

2. SRI. MANPREET SINGH, AGED ABOUT 37 YEARS, OCC: CONSULTANCY BUSINESS, GLOBAL FUTURE CONSULTANCY, Digitally signed by M SH O E H L A A N R KUMAR B SCO 139-140, 2^ND FLOOR, Location: High Court of CABIN NO. 206-207, SECTOR-9C, Karnataka, Dharwad Bench, Dharwad DIST: CHANDIGARH, POST: CHANDIGARH – 160009.

…PETITIONERS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, THROUGH PSI, KUMTA POLICE STATION, UTTARA KANANDA (KARWAR), PIN – 581343.

2. SRI. AKHIL PARVEZ KHAN S/O. RAJE KHAN, AGE: 37 YEARS, OCC: SALESMAN, R/O: MUSLIM GALLI, POST: KUMTA, TQ: KUMTA, DIST. UTTARA KANNADA, PIN: 581 343.

…RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;

R2 – SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 HEREIN IN KUMTA PS CR.NO.175/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420 READ WITH SECTION 34 OF IPC INSOFAR AS PRESENT PETITIONERS ARE CONCERNED, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, KUMTA IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C., praying to quash the complaint and FIR registered in Kumta P.S. Crime No.175/2023 for offence punishable under Sections 419, 420 r/w Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short).

2. The respondent No.2 has filed a complaint against the petitioners and same came to be registered in Crime No.175/2023 of Kumta P.S. for offence punishable under Sections 419, 420 r/w Section 34 of IPC. The gist of the complaint averments is that petitioners have contacted the complainant/respondent No.2 by collecting his Bio-data and thereafter the petitioners have explained about a job at abroad more particularly at Canada. The complainant has shown his interest towards work at Canada and has consented for further process and procedures and the petitioners have assisted him in getting a job. The petitioners have collected the processing fees and other documentation charges from the complainant in a sum of Rs.5,70,000/-. The petitioners cheated the complainant by not getting any job for him at abroad and committed offences alleged against them. 3. Heard learned counsel for the petitioners and learned Additional Government Advocate for respondent No.1-State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

4. Learned counsel for petitioners would contend that there are agreements between the petitioners and respondent No.2 with regard to they assisting him in applying for a job at Canada. The embassy of Canada has refused the application of respondent No.2 for Visa. The petitioners have performed their part of contract. Even if there is a breach of any terms of the contract, it is enforceable in Civil Court. The dispute between the petitioners and respondent No.2 is of civil nature and it is given colour of criminal offence. On those points, he placed reliance on the following decisions:

i. Sushil Sethi and Another V/s State of Arunachal Pradesh and others reported in (2020) 3 SCC

240 ii. Sri. Amit Garg V/s State of Karnataka and Another in Criminal Petition No.4856/2021 disposed off on

26.07.2022.

5. Learned Additional Government Advocate would contend that the petitioners in the guise of getting a