- 1 - HC-KAR NC: 2025:KHC:23061 CRL.P No. 9385 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9385 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. RAYAN POPE S/O EUGENE POPE AGED ABOUT 38 YEARS, R/AT NO.A 107, NAVRATNA EXOTIC HANDEWADI ROAD, HADAPSAR PUNE-411028 …PETITIONER (BY SRI. B M MOHAN KUMAR, ADVOCATE) AND: 1. STATE BY VIVEKNAGAR POLICE REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU-560001 2. MR ELVIS NEWCASTLE S/O DONALD NEWCASTLE AGED 52 YEARS, NO.281, 5TH SQUARE, AUSTIN TOWN, VIVEKNAGAR POST, BANGALORE, KARNATAKA-560047 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23061 CRL.P No. 9385 of 2023 SRI.REGO LPE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT DATED 19.08.2022 (ANNEXURE-B) AND CONSEQUENTLY QUASH THE FIR WITH CR.NO.121/2022 (ANNEXURE-A) CR.NO.121/2022 REGISTERED WITH THE 1ST RESPONDENT VIVEKNAGAR POLICE PENDING IN C.C.NO.6715/2023 ON THE FILE OF III ADDL.C.M.M., BENGALURU FOR THE ALLEGED OFFENCES P/U/S 406 AND 420 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for petitioner and respondent No.2 and also learned High Court Government Pleader for respondent No.1 are present. 2. This matter was referred for Mediation and it is settled before the Bengaluru Mediation Centre. The terms of the settlement reads as follows: "The petitioner herein has approach the Hon'ble Court to quash in Crime No.121/2021 for the alleged offence punishable under section 406,420 of IPC registered by Viveknagar Police Station, Bengaluru, which was charge sheeted in C.C No.6715/2023 dated 16.02.2023 pending on the file of III ACMM, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:23061 CRL.P No. 9385 of 2023 FACTS OF THE CASE: The Respondent No.2 has lodged a complaint on 19.08.2022 inter-alia alleging that he has been working as event manager in Jones Lang Laselle and and that the petitioner is his relative and on 18.05.2021, he informed that if the petitioner has investment made in the gold trade scheme and the complaint will get more profit. It is alleged that petitioner may get more profit. It is alleged that petitioner made the complainant to believe the words and thereafter induced the Respondent No.2 to invest about Rs.24,00,000/- (Rupees Twenty Four Lakhs Only) in the gold trading scheme during the period between 27.12.2021 to 28.02.2022 it is alleged that the petitioner returned the profit and subsequently failed to return the profit and the principal amount and thereby committed criminal breach of trust and cheated the complaints. After charge sheet was filed, the Trial Court passed an order dated 14.03.2023 taking congnizance of the alleged offences against the petitioner and issued summons to the petitioner. The same has been challenged before the Hon'ble High Court of Karnataka, Bengaluru. The Hon'ble High Court of Karnataka was pleased to referred the matter for mediation. II. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. The petitioner has agreed to pay a total of Rs.8,75,000/-(Rupees Eight Lakhs Seventy Five Thousand Only) to the 2nd respondent as full and final settlement of the amount. It is further agreed that the petitioner has to pay Rs.8,000/- per month on or before 10th of every calendar month without any default. In case of default the 2nd respondent - 4 - HC-KAR NC: 2025:KHC:23061 CRL.P No. 9385 of 2023 has every right to take legal steps against the petitioner as per law. 2. The petitioner further agreed to pay Rs.25,000/- out of total amount by way of demand draft on the date of reporting the settlement before the Hon'ble High Court of Karnataka, Bengaluru. The payment will start from the month of May 2025. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass appropriate order in terms of this settlement agreement. IV. Parties will appear before the Hon'ble Court for passing orders in terms of the agreement." 3. Learned counsel for respondent No.2 reports receipt of payment of Rs.25,000/-. He has also filed a memo to that effect requesting to allow this petition by quashing the criminal proceedings against the petitioner. 4. In the light of the settlement entered into between the parties, the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is allowed. - 5 - HC-KAR NC: 2025:KHC:23061 CRL.P No. 9385 of 2023 (ii) The FIR in C.C.No.6715/2023 (Cr.No.121/2022) on the file of III ACMM, Bengaluru for the offences punishable under Sections 406 and 420 of IPC is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 20