SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Kar) 24408

THE HIGH COURT OF KARNATAKA
S.R.Krishna Kumar, J
Raj Lalit Soni – Appellant
Versus
State of Karnataka – Respondent
CRL.P No. 16747 of 2025



Advocates:
For the Appellants/Petitioners: Omkar Basava Prabhu
For the Respondents: Pushpalatha B.

The doctrine of parity applies when co-accused are similarly placed; if criminal proceedings have been quashed against some accused due to an absence of material evidence, the benefit of such an outcome extends to other co-accused involved in the same set of facts.

Headnote:(A) Code of Criminal Procedure - Section 482 - Quashing of criminal proceedings - Doctrine of parity - When criminal proceedings against co-accused have been quashed by the High Court in earlier proceedings due to lack of incriminating evidence, the benefit of said order should be extended to the other similarly placed co-accused.

Facts of the case:
The petitioner, arrayed as accused No. 16 in C.C. No. 29573/2022 (Crime No. 454/2022), sought the quashing of criminal proceedings initiated against him for offences under the IT Act and IPC. The petitioner contended that as criminal proceedings against other co-accused in the same FIR/Charge sheet had previously been quashed by the High Court, he was entitled to parity of treatment.

Findings of Court:
The Court observed that in previous petitions concerning the same crime, the proceedings against other accused persons were quashed because no material evidence was on record to connect them with the alleged offences. Consequently, the court found it appropriate to apply the doctrine of parity to grant relief to the petitioner.

Issues: Whether the petitioner is entitled to the quashing of criminal proceedings based on the doctrine of parity having regard to the previous orders of the High Court quashing proceedings against co-accused.

Ratio Decidendi: Where the facts and circumstances against co-accused are identical and the court has already quashed proceedings against some of them due to a lack of evidence or abuse of process, the principle of parity necessitates that the benefit of such an order be extended to other similarly situated accused.

Result: Petition allowed.

Table of Content
1. overview of charges and background of the petition. (Para 1 , 2 , 3)
2. application of the parity doctrine based on previous court orders. (Para 4 , 5)
3. final order quashing proceedings based on parity. (Para 6 , 7)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED BY RESPONDENT NO.1 WHITEFIELD CEN P.S. BENGALURU CITY AGAINST THE PETITIONER (RAJ LALIT SONI – ACCUSED NO.16) IN CR.NO.454/2022 (LEADING TO C.C.NO.29573/2022 PENDING ON THE FILE OF THE HON’BLE XLVII A.C.J.M BENGALURU) FOR THE ALLEGED OFFENCE P/U/S 66, 66(B), 66(C), 66(D) OF I.T ACT 2000 AND SEC.120(B), 201, 419, 420 R/W 149 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks quashing of the proceedings in C.C.No.29573/2022 arising out of Crime No.454/2022 registered by respondent No.1 – police, pending on the file of the XLVII Addl. Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 66, 66(B), 66(C), 66(D) of the IT Act, 2000 and Sections 419, 420, 201, 120(B) read with Section149 of IPC.

2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner viz., Raj Lalit Soni, was arraigned as accused No.16 in C.C.No.29573/2022 along with 31 other accused, pursuant to FIR in Crime No.454/2022. The offences alleged against the petitioner and other accused are under Sections 66, 66(B), 66(C), 66(D) of the IT Act 2000 and Sections 419, 420, 201, 120(B) read with Section 149 of IPC.

4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed in Crl.P.No.4168/2025 dated 30.06.2025 in order to point out that in view of quashment of criminal proceedings qua accused No.17, the present petitioner, who is accused No.16 in C.C.No.29573/2022 would be entitled to seek parity.

5. This Court in the case of Sri. Swapnil Rati Vs. The State of Karnataka and another – Crl.P.No.4168/2025 dated 30.06.2025, quashed the criminal proceedings qua accused No.17 (in C.C.No.29573/2022) and held as under:

In this petition, petitioner seeks quashing of the proceedings in C.C.No.29573/2022 arising out of Crime No.454/2022 registered by respondent No.1 – police, pending on the file of the I Addl. Chief Judicial Magistrate (Presently XLV ACJM) for the offences punishable under Sections 66, 66(B), 66(C), 66(D) of the IT Act 2000 and Sections 419, 420, 201, 120(B) read with Section149 of IPC.

2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner viz., Swapnil Rati was arraigned as accused No. 17 in C.C.No.29573/2022 along with 31 other accused, pursuant to FIR in Crime No.454/2022. The offences alleged against the petitioner and other accused are under Sections 66, 66(B), 66(C), 66(D) of the IT Act 2000 and Sections 419, 420, 201, 120(B) read with Section 149 of IPC.

4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed Crl.P.No.8975/2022 c/w Crl.P.8708/2022 dated 13.01.2023 as against accused Nos.1, 8 and 16, in order to point out that in view of quashment of criminal proceedings qua accused Nos.1, 8 and 16, the present petitioner who is accused No.17 in C.C. No.29573/2022 would be entitled to seek parity.

5. This Court in the case of Rishi Vyas & Ors. Vs. State of Karnataka – Crl.P.No.8975/2022 c/w Crl.P.8708/2022 dated 13.01.2023, quashed the criminal proceedings qua accused No.1, 8 ad 16 (in C.C.No.29575/2022) and held as under:

" ORDER

The Crl.P.No.8975/2022 filed by the petitioner accused Nos.1, 8 and 16 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.29575/20

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top