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2026 Supreme(Online)(Kar) 2738


IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3465 OF 2023 BETWEEN:
11. SUDHEER C. S., S/O C.S.SURENDRA AGED ABOUT 37 YEARS R/AT SPRING FIELDS APARTMENTS JAYANAGARA HOUSING SOCIETY LAYOUT BENGALURU ALSO AT CEO, INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BENGALURU - 560 085.
Dig itally
22. JEEVAN signed by NAGAVENI S/O NARENDRA K. C., Location: AGED ABOUT 31 YEARS High Court R/AT ARDECK ESTATE of Karnataka KUDREGUNDI POST TALAMAKKI, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577 126 ALSO AT V.P.INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BEGNALURU - 560 085.
3. SUBASH S/O JAYABALAN AGED ABOUT 26 YEARS R/AT FIRST FLOOR COTTONPET MAIN ROAD N.D.M LANE, COTTONPET OPP. UNION BANK ATM BEGNALURU - 560 053.
ALSO AT A.V.P INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BENGALURU - 560 085.
44. SUMAN M., D/O MANJUANTH M.BILLAVA AGED ABOUT 25 YEARS R/AT 235, III MAIN, III BLOCK, BYRAPPA BLOCK THYAGARAJANAGAR BENGALURU - 560 028 ALSO AT A.V.P INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
55. DARSHAN S/O NARAYANA GOWDA AGED ABOUT 23 YEARS R/AT BANDAHALLI VILLAGE CHUNCHANAKATTE HOBLI K.R.NAGAR TALUK MYSURU DISTRICT - 571 817 ALSO AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
66. MAHALAKSHMI C/O KIRAN B., AGED ABOUT 27 YEARS R/AT NO. 90, 1st CROSS NEAR RENUKA YELLAMMA TEMPLE BILEKAHALLI, BANNERGHATTA ROAD BENGALURU - 560 076.
ALSO AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
77. ROHITH S/O RAMESHA AGED ABOUT 23 YEARS R/AT NEAR RAMESHWARA TEMPLE SRIRAMANAGARA, BHADRA COLONY BHADRAVATI TALUK SHIMOGA DISTRICT - 577 301.
ALSO R/AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
88. PRADEEP S/O SAROJA AGED ABUOT 27 YEARS R/AT BHAT MANE MAVINAKERE VILLAGE HALUVALLI, KALSA MUDIGERE TALUK CHIKKAMAGALURU - 577 124 ALSO R/AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
99. ARCHANA D/O RAMESH B. T., AGED ABOUT 25 YEARS R/AT BANDYA, NANABUR THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 414 ALSO R/AT TEAM LEADER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
1010. AKSHATHA D/O MAHABALESHWARA MARATA AGED ABOUT 31 YEARS R/AT JANATHA COLONY BANAVASI, SIRSI TALUK UTTARA KANNADA DISTRICT - 581 318.
ALSO R/AT TEAM LEADER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
1111. RAGHU @ RAGHURAM S/O BOLUMARKADA AGED ABOUT 45 YEARS R/AT 10/35, NEAR DHARMARAYA TEMPLE MELINAPETE, HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 560 085 ALSO R/AT H.R. TEAM, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085.
…PETITIONERS (BY SRI RAJASHEKAR S., ADVOCATE)
AND:
1. STATE OF KARNATAKA BANASHANKARI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
2. NAYANA M. T., D/O MR. TRIMURTHY M. M., R/AT NO.J-104, 10th CROSS L.N.PURAM, SRIRAMPURA BENGLAURU – 560 021.
…RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1;
SRI B.H.BHAGAVAN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.99/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE 4th ADDITIONAL CMM COURT, BENGALURU CITY, REGISTERED FOR THE OFFENCE P/U/S.120-B, 406, 409, 420, 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

Advocates:
For the Appellants/Petitioners: SRI RAJASHEKAR S.
For the Respondents: SRI VINAY MAHADEVAIAH, HCGP for R1, SRI B.H.BHAGAVAN for R2

FIR quashed u/s 482 CrPC as vague allegations by ex-employee arise from civil dispute over app, lacking offence ingredients and abusing process.

Headnote:Sections 120B, 406, 409, 420, 34 IPC. Petitioners seek quashing of FIR registered by complainant, an ex-employee of their company, alleging conspiracy, criminal breach of trust, dishonest misappropriation, and cheating in relation to a mobile app, amid prior civil suit where temporary injunction was granted in favour of petitioners' company. Court finds complaints contain vague and bald allegations lacking ingredients of offences, stemming from civil dispute instigated post-injunction. Whether FIR discloses cognizable offences or constitutes abuse of process. Court relies on coordinate bench decisions quashing similar FIRs by other ex-employees, holding that averments fail to constitute offences and proceedings misuse criminal law to settle civil grievance over app business. Criminal petition allowed; FIR in Crime No.99/2023 qua petitioners quashed.

ORAL ORDER

The petitioners are before this Court calling in question registration of a crime in Crime No.99/2023 registered for offences punishable under Sections 120B , 406, 409, 420 and 34 of the Indian Penal Code .

2. Heard Sri.Rajashekar S, learned counsel appearing for the petitioners, Sri.Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri.B.H.Bhagavan appearing for respondent No.2 and have perused the material on record.

3. Learned counsel appearing for the 2nd respondent has remained absent throughout. This Court on 13.01.2026 had passed the following order:

"Heard Sri.Rajashekar S, learned counsel appearing for the petitioners.

Learned counsel for the petitioners submits the complainant is habitual in registering crimes after crime against the petitioners taking the names of every employee of the organization. All those crimes have been stayed or quashed at the hands of the Coordinate Benches of this Court. The counsel for the complainant has remained absent throughout, as could be gathered from the proceedings in order dated 27.11.2025 and the subsequent proceedings. Even today, there is no representation on behalf of the 2nd respondent- complainant.

As a last chance, list this matter on 20.01.2026. In the event the complainant would not be present, appropriate orders would be passed hearing the counsel for the petitioners.

Interim order subsisting will continue, till the disposal of the petition. "

It was indicated that in the event, neither the complainant nor his counsel would be present, appropriate orders would be passed on hearing counsel for the petitioners. Even today, neither the complainant nor the counsel for the complainant is present.

4. The petitioners are accused Nos.1, 2, 4, 5, 8 to 11, 18, 21 and 22, are alleged of the aforesaid offences. Learned counsel Sri.S.Rajashekar would submit that the 2nd respondent gets the complaint registered from each one of its employees at every point in time. All those have been quashed by the Coordinate Bench of this Court. They are all in Criminal Petition No.3531/2023 C/w Criminal Petition Nos.3504/2023, 3520/2023, 3529/2023 & 3872/2023, Criminal Petition No.3863/2025 , Criminal Petition No.3858/2025 , Criminal Petition No.3908/2025 , Criminal Petition No.3905/2025 and Criminal Petition No.3980/2025 .

5. The order passed in Criminal Petition No.3531/2023 C/w Criminal Petition Nos.3504/2023, 3520/2023, 3529/2023 & 3872/2023 reads as follows:

"In these petitions, the petitioner is seeking to quash the F.I.Rs registered against him in Crime Nos.110/2023, 113/2023, 112/2023, 114/2023 and 111/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.2-State and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is the Chief Executive Officer / Managing Director of the Suvision Holdings Pvt..Ltd., instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioner and his Company. Subsequently, the respondent No.2- complainants, who are non other than the employees of the petitioner, have resigned from the company of the petitioner and filed the instant complaints alleging that the petitioner was guilty of offences punishable under Sections 120B , 406, 409, 420 read with Section 34 of the Indian Penal Code . In this context, perusal of the averments made in the complaints in the light of earlier civil dispute in Original Suit No.919 of 2023 in respect of the Mobile App called "Financial Feedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioner are not forthcoming in the complaints; on the other ha

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