- 1 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2899 OF 2025 BETWEEN: 1. N JAYALAKSHMAMMA W/O. RAMAKRISHNAPPA V AGED ABOUT 66 YEARS, R/AT NO.539, GOWRAMMA BUILDING, K.E.B STREET, BEHIND VIJAYA BANK, RAMAIAH LAYOU, CHANDAPURA, BENGALURU 560 099 2. BHUVANA CHANDRA R S/O. RAMAKRISHNAPPA V AGED ABOUT 42 YEARS, R/AT NO.539, GOWRAMMA BUILDING, K.E.B STREET, BEHIND VIJAYA BANK, RAMAIAH LAYOUT, CHANDAPURA, BENGALURU 560 099 …PETITIONERS (BY SRI. LETHIF B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUVEMPUNAGAR POLICE STATION, MYSORE DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001 2. SUDHEER.P S/O. PUTTARAJU Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 AGED ABOUT 50 YEARS, R/AT NO. 118, 6TH MAIN 'C' BLOCK, J.P.NAGAR, MYSURU- 577 201 …RESPONDENTS (BY SMT.SOWMYA.R, HCGP FOR R1 R2 SERVED & UNREPRESENTED) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.3951/2018 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., MYSURU FOR THE OFFENCE P/U/S. 420 R/W 34 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, the petitioners seek quashing of the proceedings in C.C.No.3951/2018 registered by respondent No.1-police, pending on the file of the I Additional Civil Judge & JMFC, Mysuru, for the offence punishable under Section 420 r/w 34 of IPC. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 3. Respondent No.2, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that the petitioners viz. N.Jayalakshmamma and Bhuvana Chandra.R., were arraigned as accused Nos.2 and 4 in C.C.No.3951/2018 along with accused Nos.1 and 3 pursuant to registration of FIR in Crime No.211/2016 for the offence punishable under Section 420, r/w. 34 of IPC. 5. In this context, learned counsel for the petitioners invited the attention of this Court to the order passed by the Co-ordinate Bench of this Court in the case of Shashikala Jayaram v. The State of Karnataka & another [Crl.P.No.5566/2019] and submits that in view of quashment of criminal proceedings qua accused No.3 in the aforesaid order, the present petitioners who are accused Nos.2 and 4 in C.C.No.3951/2018 would be entitled to seek parity. 6. The order passed by the Co-ordinate Bench of this Court in Shashikala Jayaram's case (supra) reads as under: - 4 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 "A private complaint under Section 200 of Cr.P.C. was filed by respondent No.2 alleging that he was introduced to accused Nos.1 to 3 by accused No.4 two years back and he was informed that accused Nos.1 and 2 are the directors of Nimisha Wealth Management Private Ltd. Co. and the said accused induced respondent No.2 to invest money in the said company stating that interest at the rate of 5% p.m. will be given on the said investment and the money invested would be doubled within a year. It was further alleged that the petitioner/accused No.3 herein has stated she is working as an Assistant Executive Engineer in MESCOM. 2. It is further alleged that though the cheque for Rs.12,00,000/- which was issued by accused No.1 towards returning the entire amount invested by the complainant, the said cheque came to be dishonoured and a proceeding for the offence punishable under Section 138 of N.I. Act is pending. It is further alleged that when respondent No.2 requested accused Nos.1 to 4 to return the money invested by him, they stated that the amount will be returned with interest. 3. The learned Magistrate referred the complaint for investigation under Section 156(3) of Cr.P.C. The police registered First Information Report - 5 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 against the petitioner/accused No.3 and other accused for the offences punishable under Sections 419 and 420 of IPC. 4. The police after investigation submitted charge sheet before the learned Magistrate for the aforesaid offences. Learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception of the same, this petition is filed. 5. Learned counsel for the petitioner submits that in the absence of any allegation that the petitioner/accused No.3 induced respondent No.2 to invest the money, the FIR registered against the petitioner/accused No.3 for the offences punishable under Sections 419 and 420 of IPC in the absence of essential ingredients is without any substance. 6. Learned HCGP appearing for the State submits that allegations made in the complaint clearly disclose that accused No.3 in connivance with other accused induced respondent No.2 to invest money and by not returning the said money has committed the aforesaid offences alleged against the petitioner/accused No.3. 7. Respondent No.2 though served with notice has remained absent. - 6 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 8. I have considered the submissions made by learned counsel for the parties. 9. The only allegation against the petitioner/accused No.3 is that she has stated that she is working as Assistant Executive Engineer in MESCOM and the other allegation is that when respondent No.2 requested accused Nos.2 to 4, the said accused have promised to return the amount with interest. To constitute the commission of offence punishable under Section 420 of IPC, there must be a specific allegation that accused No.3 induced respondent No.2 to invest the money with an intention to cheat. The allegations of cheating are mainly against accused Nos.1 and 2. In the absence of essential ingredients so as to constitute the commission of the offences alleged against the petitioner/accused No.3, the registration of FIR against the petitioner/accused No.3 is without any substance. Accordingly, I pass the following: ORDER 1. Criminal Petition is allowed. 2. The impugned proceedings in C.C.No.3951/2018 pending on the file of the I Additional I Civil Judge and JMFC, Mysuru insofar as it relates to petitioner/accused No.3 is hereby quashed." - 7 - HC-KAR NC: 2025:KHC:24274 CRL.P No. 2899 of 2025 7. It is an undisputed fact that the proceedings as against accused No.3 has been quashed by a Co-ordinate Bench of this Court in Crl.P.No.5566/2019 and consequently, by applying the doctrine of parity, proceedings against the petitioners herein-accused Nos.2 and 4 also deserves to be quashed. 8. In the result, I pass the following: ORDER (i) Criminal Petition is hereby allowed. (ii) The entire proceedings in C.C.No.3951/2018, arising out of FIR in Crime No.211/2016 registered by respondent No.1–Police, pending on the file I Additional Civil Judge & JMFC, Mysuru, for the offence punishable under Section 420 r/w 34 of IPC, insofar as the petitioners-accused Nos.2 and 4 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 21