Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15089 CRL.P No. 5324 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5324 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SHREYASH NITIN KOLHE S/O NITIN KOLHE, AGED ABOUT 35 YEARS, RESIDING AT PLOT NO.7/2, RIDGE ROAD, WANJARINAGAR, NEAR WATER TANK, AJNI, NAGPUR, MAHARASTRA-440 003. …PETITIONER (BY SRI. NAGARAJA R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560 001.
2.
UMME SALMA ARIF D/O. LATE MD AUIF ULLA AGED ABOUT 30 YEARS PRESENTLY RESIDING AT PRASHANTH BUILDING, KONAPPANA AGRAHARA BANGALORE- 560 100. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1;
SRI KALICHARAN G.R., ADVOCATE FOR R2)
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:15089 CRL.P No. 5324 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.110/2025 FOR THE OFFENCE P/U/S 318(4), 351(2), 74, 75(1)(ii) AND 79 OF BNS 2023 PENDING ON THE FILE OF HON'BLE COURT OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice for respondent No.1-State.
2. Sri Kalicharan G.R., learned counsel files vakalat on behalf of respondent No.2 and the same is placed on record.
3. The petitioner-accused challenges the registration of the First Information Report (FIR) for the offences punishable under Sections 318(4), 351(2), 74, 75(1)(ii) of BNS,
2023.
4. The 2nd respondent lodged the First Information Report (FIR) stating the petitioner induced the complainant to transfer an amount of Rs.29,000/- for investing the same in trading and promised for a better returns on the said investment. Knowingly, the complainant transferred the said amount to the account of the petitioner and thereafter there
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NC: 2025:KHC:15089 CRL.P No. 5324 of 2025
was no response from the petitioner and despite several requests the petitioner has not returned the money invested.
5. Parties are present before this Court and they have filed an application for compounding along with a joint memo stating that, they have amicably settled the disputes among themselves, and in terms of the settlement, the respondent No.2-defacto complainant has agreed to withdraw all the allegations made against the petitioner-accused herein and has no objection for quashing the impugned FIR so as to maintain cordial relationship with the petitioner.
6. The application along with the joint memo is placed on record.
7. Given the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioner-accused is subjected to investigation, since the probability of the police filing the charge sheet is unlikely in view of the settlement. In such circumstances, the continuation of investigation will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i) The petition is allowed.
ii) The impugned FIR in Crime No.110/2025, registered by the Electronic City Police Station, insofar it relates to the petitioner herein stands quashed.
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NC: 2025:KHC:15089 CRL.P No. 5324 of 2025
In view of the disposal of the main petition, I.A.No.1/2025 does not survive for consideration and stands
disposed of.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR List No.: 4 Sl No.: 8