IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO. 104744 OF 2025 (482 Cr.PC/528 OF BNSS)

BETWEEN:

1. KARTHIK PRABU S/O. SANTOSH PRABHU, AGE: 23 YEARS, 1^ST MAIN ROAD, SILVER TOWN, NEHARU NAGAR, HUBBALLI, HUBBALLI-580020, DHARWAD CITY, KARNATAKA.

2. SANTOSH PRABU S/O. VENKATESH PRABHU, AGED 50 YEARS, Digitally signed 1^ST MAIN ROAD, SILVER TOWN, by MALLIKARJUN RUDRAYYA KALMATH NEHARU NAGAR, HUBBALLI, Location: High Court of Karnataka, DHARWAD CITY, KARNATAKA, Dharwad Bench PINCODE: 580020.

…PETITIONERS (BY SRI SHRIDHAR PRABHU, ADVOCATE)

AND:

1. STATE OF KARNATAKA, BY GOKUL ROAD POLICE STATION, HUBLI NORTH SUB DIVISION, (REPRESENTED BY POLICE SUB INSPECTOR), REP. BY SPP, HCK, DHARWAD.

2. KESHAV KAREKAR S/O. HARISH KAREKAR, AGE: 22 YEARS, H. NO.23/7, RAGHAVENDRA COLONY, UNAKAL CROSS, HUBBALLI, HUBBALLI, DHARWAD CITY, KARNATAKA-580023.

…RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;

NOTICE TO R2 SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE PRIVATE COMPLAINT PRIVATE FILED BY THE RESPONDENT/COMPLAINANT IN PCR NO.222/2025, ON THE FILE OF THE COURT OF JMFC-III, HUBBALLI DATED 4^TH OCTOBER 2025 TO THE EXTENT OF PETITIONER-1/ACCUSED-1 AND PETITIONER-2/ACCUSED-2 AND QUASH THE IMPUGNED ORDER DATED 28^TH OCTOBER 2025 PASSED BY THE COURT OF JMFC-III, HUBBALLI TO THE EXTENT OF PETITIONER-1/ ACCUSED-1 AND PETITIONER-2/ACCUSED-2 AND QUASH THE FIR IN CRIME NO.0158/2025 REGISTERED BY THE GOKUL ROAD POLICE STATION, HUBBALLI DATED 10^TH NOVEMBER 2025 THE EXTENT OF PETITIONER-1/ACCUSED-1 AND PETITIONER-2/ ACCUSED-2 FOR OFFENCE PUNISHABLE UNDER SECTIONS 406, 420, 504, 506 READ WITH SECTION 34 OF IPC AND ETC.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) /under Section 482 of Cr.P.C. for seeking for reliefs of quashing the criminal proceedings initiated against the petitioners as per following prayers made in the petition:

a) Quash the private complaint filed by the Respondent/Complainant in PCR No.222/2025, on the file of the Court of JMFC-III, Hubballi dated 4th October 2025 to the extent of Petitioner-1/Accused-1 and Petitioner-

2/Accused-2.

b) Quash the impugned order dated 28^th October, 2025 passed by the court of JMFC-III, Hubballi to the extent of Petitioner-1/ Accused-1 and Petitioner-2/Accused-2.

c) Quash the FIR in Crime No.0158/2025 registered by the Gokul Road Police Station, Hubballi dated 10^th November, 2025 the extent of Petitioner-1/Accused-1 and Petitioner- 2/Accused-2 for offence punishable under sections 406, 420, 504 and 506 Read With section 34 of IPC.

2. The respondent No.2 herein is the complainant. He has filed complaint in PCR No.222/2025 against the petitioners and other accused with the allegation that the accused have made belief the complainant to invest some amount with the petitioners and other accused. Thereby, the complainant has invested some amount by forwarding same to various persons. But the accused have not paid the amount invested by the complainant. Thus, committed offence of criminal breach of trust and cheating. When the complainant had asked his money to the petitioners, the petitioners have criminally intimidated. Thus, with all the allegations as indicated in the complaint filed private complaint before the learned Magistrate. The learned Magistrate has referring the case to the Police for registering FIR and investigation. Accordingly, the police have registered a crime for the offences punishable under Sections 406, 420, 504 and 506 read with Section 34 of IPC.

3. The learned counsel for the petitioners submitted that the entire complaint and its FIR is abuse of process of Court. Upon bare perusal of the complaint, at the most, it