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2025 DAILYLAW 25468 (KAR)

UST GLOBAL INC v. STATE OF KARNATAKA

WP/12515/2023 · 2025-04-21

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:16185 WP No. 12515 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 12515 OF 2023 (GM-RES) BETWEEN: 1. UST GLOBAL INC., A DELAWARE CORPORATION INCORPORATED UNDER THE LAWS OF THE UNITED STATES OF AMERICA (USA), HAVING ITS CORPORATE OFFICE AT 20 ENTERPRISE, 4TH FLOOR, ALISO VIEJO, CA, 92656, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE, MR. KRISHNA SUDHEENDRA. 2. US TECHNOLOGY RESOURCES PVT.LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT SEA FACING BLOCK, 4TH FLOOR BHAVANI, TECHNO PARK CAMPUS, KARIYAVATTOM, TRIVANDRUM, KERALA - 695 581, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.VINAYAK MOHAN. …PETITIONERS (BY SRI. GANAPATHY M.S, ADVOCATE AND SRI. TRIMURTHI B.S, ADVOCATE FOR SRI. ACHAL ANAND V.J, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16185 WP No. 12515 of 2023 AND: 1. STATE OF KARNATAKA BY SOUTH CEN CRIME POLICE STATION, BANASHANKARI, BENGALURU, REPRESENTED BY STATION HOUSE OFFICER. 2. TE CONSULTING (INDIA) PVT.LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT. 15, 15TH CROSS ROAD, MG LAYOUT, JP NAGAR 6TH PHASE, BENGALURU - 560 078, REPRESENTED BY MR. SOMANNA CHENDIRA MANDANNA AND MR. SHOUVIK BHATTACHARAYA. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1; SRI. PRATIK JOSHI, ADVOCATE FOR SRI. PRASHANTH V.G, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C PRAYING TO CALL FOR RECORDS IN CRIMINAL COMPLAINT BEARING CRIME NO.0056/2021 PENDING BEFORE THE I ADDL. CHIEF METROPOLITAN JUDGE, BENGALURU AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:16185 WP No. 12515 of 2023 ORAL ORDER The respondent No.2/defacto complainant has filed a memo, which reads as under: 1. "The captioned Petition has been filed seeking to quash: (a) FIR bearing Crime No. 0056/2021 registered by South CEN Police Station, Bengaluru for alleged offences under Sec. 419 and Sec. 420 of the Indian Penal Code, 1860 r/w Sec. 65 and Sec. 66 of the Information Technology Act, 2000, and; (b) the underlying Complaint dated 11 February 2021 filed by Respondent No. 2 herein, i.e., TE Consulting (India) Private Limited (subsidiary of Third Eye, Inc.) through Mr. Somanna Chendira Mandanna. 2. It is submitted that Respondent No. 2/ Complainant does not wish to pursue the Complaint dated 11 February 2021 as against Accused Nos. 1, 2 and 3 named in the FIR, i.e., UST Global Inc., US Technology Resources Private Limited, and Mr. Arun Narayanan (mis-named in the FIR as "UTS Global INC," "Unaited Science Technologies", and "Arun Narayan," respectively), since the aforesaid parties have amicably resolved their inter se disputes. 3. Vide a detailed Order dated 3 January 2023 in W.P. No. 11774/2021, the Hon'ble High Court of Karnataka has already quashed the said FIR bearing Crime No. 56/2021 qua Mr. Arun Narayanan (Accused No. 3). Respondent No. 2 herein/ Complainant does not wish to challenge the said Order dated 3 January 2023 passed in W.P. No. 11774/2021. 4. Further, vide interim Order dated 26 June 2023 in W.P. No. 12515/2023 filed by the Petitioner Nos. 1 and 2 herein (being Accused Nos. 1 and 2), this Hon'ble Court had granted an interim stay of further proceedings in Crime No. 56 of 2021 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, till the next date of hearing. - 4 - NC: 2025:KHC:16185 WP No. 12515 of 2023 5. Respondent No. 2 herein/ Complainant does not have any objections to W.P. No. 12515/ 2023 being allowed, and the FIR as well as underlying Complaint being quashed qua Petitioner Nos. 1 and 2/ Accused Nos. 1 and 2, i.e., UST Global Inc and US Technology Resources Private Limited (mis-named in the FIR as "UTS Global INC," "Unaited Science Technologies", and "Arun Narayan," respectively). 6. The present Memo may kindly be taken on record. Wherefore, this Hon'ble Court may be pleased to allow W.P.No. 12515/ 2023 and quash the FIR bearing Crime No. 56/2021 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru (South CEN Police Station, Bengaluru) as against Accused Nos. 1 and 2, 1.e., UST Global Inc and US Technology Resources Private Limited, in the ends of justice." 2. Learned counsel appearing for respondent No.2 submits that the said respondent has settled the matter with the petitioners' namely accused Nos.1 and 2 and therefore, not wishing to proceed against them and he has no objection to quash the proceedings initiated against the petitioners'. 3. The offences alleged are under Section 419, 420 of IPC and Section 65 and 66 of the Information Technology Act, 2000. The dispute is private in nature, wherein, the complainant has alleged that the accused are responsible for fraudulently maneuvering the company - 5 - NC: 2025:KHC:16185 WP No. 12515 of 2023 into financial losses etc. This Court in WP.No.11774/2021 disposed of on 03.01.2023, preferred by accused No.3 has considered the entire facts and circumstances of the case and allowed the said petition, thereby quashing the entire proceedings pending against the said petitioner/accused No.3. 4. In view of the memo filed by the defacto complainant and prayer sought therein, the present petition requires to be allowed to meet the ends of justice. Accordingly, the following: ORDER i. Petition is allowed. ii. The FIR in Crime No.56/2021 registered by the South CEN Police Station, Bengaluru and the further proceedings stand quashed, qua the petitioners'. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 6 CT: BHK