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2025 DAILYLAW 10246 (KAR)

BASAVANTRAO v. THE STATE OF KARNATAKA

CRL.P/200548/2025 · 2025-03-26

S Rachaiah

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1944 CRL.P No. 200548 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200548 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BASAVANTRAO S/O KOPRESHRAO AGE 20 YEARS, OCC : BUSINESS R/O HALBHAVI VILLAGE TQ.SHORAPUR, DIST.YADGIRI -585 222. …PETITIONER (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH YADGIRI CEN CRIME POLICE STATION YADGIRI NOW REP. BY ADDITIONAL SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH – 585 103 2. AYYAPPA S/O NINGAPPA AGE 31 YEARS, OCC : AGRICULTURE R/O HALBHAVI VILLAGE TQ.SHORAPUR, DIST.YADGIRI – 585 222. …RESPONDENTS (BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI.SHRAVANAKUMAR MATH, ADV. FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND QUASH THE FIRST INFORMATION REPORT IN CRIME NO. 9/2025 OF YADGIRI CEN CRIME POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 66-C AND 66-D OF INFORMATION TECHNOLOGY ACT 2008 AND U/S 318(4) AND 319(2) OF BNS 2023, NOW PENDING ON THE FILE OF HON’BLE CIVIL JUDGE AND JMFC (SN.DN) YADGIRI IN CRIME NO. 9/2025 IN SO FAR AS ACCUSED Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:1944 CRL.P No. 200548 of 2025 NO.4 (AS PER FIR) ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner is arraigned as accused No.4 seeking to quash the FIR in Crime No.9/2025 by the respondent – police for the offences punishable under Sections 66—C and 66-D of Information Technology Act, 2000 and Sections 318(4) and 319(2) of BNS, 2023 pending on the file of Civil Judge and JMFC (Sr.Dvn), Yadgiri. 2. Heard Sri.Rajesh Doddamani, learned counsel for the petitioner, Sri.Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri.Sharanakumar Math, learned counsel for respondent No.2. 3. The learned counsels for the respective parties have filed an application under Section 359 read with Section 528 of BNSS, 2023 along with the affidavit and also joint memo - 3 - NC: 2025:KHC-K:1944 CRL.P No. 200548 of 2025 stating that the matter has been settled between the parties and so far as the petitioner is concerned and prays that the petition may be closed in terms of compromise. The joint memo for compromise is duly signed by the petitioner/accused No.4, the complainant and their respective counsels, the same is taken on record. 4. The averments of affidavit of complainant/respondent No.2 in paragraph No.2, which reads as under: “2. That due to intervention of elder persons and well- wishers, and we have compromised the matter out of court and the petitioner has repaid the amounts to me and the other persons and hence I have no interest to proceed with the case bearing Crime No.9/2025 of Yadgir CEN Crime Police Station for the offences punishable U/S 66-C and 66D of Information Technology Act 2000 and U/S 318(4) and 319(2) of BNS 2023., now pending on the file of the Hon’ble Civil Judge and JMFC (SN DN) Yadgir. 5. The averments of the joint memo of compromise, which reads as under: “That, at the intervention of the elders of the parties, the petitioners and respondent No.2 have settled the above case and they have no - 4 - NC: 2025:KHC-K:1944 CRL.P No. 200548 of 2025 interest to proceed with the case mentioned in the petition. In view of the aforesaid compromise, its most humbly prayed that, Hon'ble Court may kindly be pleased to dispose of the above Criminal Petition and further be pleased to pass appropriate orders, in the interest of justice and equity.” 6. In view of the settlement arrived at between the parties and in view of the judgment of Hon'ble Supreme Court in the case of GIAN SINGH Vs. STATE OF PUNJAB AND ANOTHER1, it is appropriate to record the compromise in order to maintain quietus between the parties. 7. Accordingly, I proceed to pass the following: ORDER a) The criminal petition is allowed in terms of the compromise. b) The FIR in Crime No.9/2025 of respondent – police pending on the file of Civil Judge and JMFC (Sr.Dvn), Yadgiri insofar as the 1 (2012) 10 SCC 303 - 5 - NC: 2025:KHC-K:1944 CRL.P No. 200548 of 2025 petitioner/accused No.4 is concerned, stand quashed. c) The bail bonds executed, if any, stand cancelled. In view of the disposal of the petition, pending applications, if any, stands disposed of. SD/- (S RACHAIAH) JUDGE RSP/UN List No.: 1 Sl No.: 19