- 1 - NC: 2025:KHC-K:2700 CRL.P No. 200745 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200745 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NASIR @ MOHAMMED NASEERUDDIN S/O MOHAMMED ALEEMUDDIN, AGE: 47 YEARS, OCC: BUSINESS, R/O 2-5-39, TIPPU SULTAN ROAD, KOT TALAR, RAICHUR-584 101. …PETITIONER (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RAICHUR WEST PS, RAICHUR WEST CIRCLE DISTRICT RAICHUR, REPRESENTED BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585 107. 2. GULAM DASTAGIR S/O SHEIKH IBRAHIM, AGE: 46 YEARS, OCC: BUSINESS, R/O ANDROON QUILLA, RAICHUR-584 101. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. MALIK PASHA MAUZAN, ADV. FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2700 CRL.P No. 200745 of 2025 THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. (OLD) U/SEC 528 OF BNSS, PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.45/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 324(4), 351(2) AND 352 OF THE BHARATIYA NYAYA SANHITA (BNS) ACT-2023, BY THE RESPONDENT NO.1, RAICHUR WEST P.S, WHICH IS PENDING ON THE FILE OF IV ADDL. JMFC COURT RAICHUR. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Learned High Court Government Pleader accepts notice for respondent No.1-State. 02 This petition is filed under Section 528 of BNSS- 2023 for quashing the proceedings in Crime No.45/2025, registered by Raichur West Police Station, for the offences punishable under Sections 318 (4), 324(4), 351(2) and 352 of BNS-2023, pending on the file of IV Addl. JMFC Court at Raichur. 03. The factual matrix of the case is that the respondent No.2 has filed a complaint on 17.04.2025 alleging that the petitioner who is arraigned accused No.2 - 3 - NC: 2025:KHC-K:2700 CRL.P No. 200745 of 2025 and others are running an academy (RIA) and Bestonefx Trading Platforms with collaboration forex trading. It is stated that the accused No.5 posed himself as a agent of the above company and assured the complainant that the company run by accused Nos.1 to 4 will return 14% of the invested amount within 12 months. He has also given assurance that he being an agent of the company will take the responsibility to return back the amount invested. On his assurance, the complainant on 26.07.2024 invested a sum of Rs.5,00,000/- and on subsequently 10.09.2024 a sum of Rs.3,00,00/-. Though initially, the accused returned 14% profit, later he has failed to adhere conditions of the understanding. As such, the complainant lodged the complaint against accused Nos.1 to 5. 04. After issuance of notice, respondent No.2 appeared through his counsel. 05. Today, the petitioner and respondent No.2 are present and respondent No.2 filed an affidavit stating that petitioner i.e., accused No.2 is also an investor in the - 4 - NC: 2025:KHC-K:2700 CRL.P No. 200745 of 2025 aforementioned Company and he has mistakenly filed a complaint against him and he has no objection to quash the proceedings against this petitioner. 06. I have perused the contentions of the affidavit. Though, the offices are non-bailable in nature, however, as per the law laid down by the Apex Court in the case of GIAN SINGH Versus STATE OF PUNJAB AND ANOTHER1, and considering the nature of the compromise between the petitioner/accused and the complainant, I am of the view that the proceedings against this petitioner liable to be quashed. Accordingly, the proceedings in Crime No.45/2025 against this petitioner i.e., accused No.3 is hereby quashed. Sd/- (RAJESH RAI K) JUDGE KJJ, SBS List No.: 1 Sl No.: 47 CT: AK 1 (2012) 10 Supreme Court Cases 303