- 1 - NC: 2025:KHC-D:2564 CRL.P No. 100605 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100605 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHREEDHAR S/O. SHANKAR KOUTAL AGE. 33 YEARS, OCC. PRIVATE JOB, R/AT C/O. BASAPPA, KUMBAR ONI, BASAPPA CHALA, KESHWAPUR, HUBBALLI-580020. …PETITIONER (BY SMT. ANUSHA SANGAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CYBER CRIME POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. NAGALAKSHMI D/O. LAKSHMINARAYAN ENNAPUSALU AGE. 28 YEARS, OCC. PRIVATE JOB, R/AT. # 204, F-1, BLOCK MADHURA FLATS 1, NEAR MADHURA ESTATE OLD BADAMI NAGAR, KESHWAPUR, HUBBALLI-580023. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. GIRISH S.JITURI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED/PETITIONER ARISING OUT OF CYBER CRIME POLICE STATION CRIME NO.64/2021 AND PENDING ON THE FILE OF 1ST ADDL.JUNIOR CIVIL JUDGE AND JMFC COURT AT HUBBALLI IN CC NO.15822/2024 FOR THE OFFENCE PUNISHABLE U/S 66(D), 67 OF INFORMATION TECHNOLOGY ACT 2008. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:40 +0530 - 2 - NC: 2025:KHC-D:2564 CRL.P No. 100605 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice on behalf of Respondent No.1/State. Sri. Girish S. Jituri, learned counsel, has filed a vakalatnama on behalf of Respondent No.2. 2. The petitioner, who is facing trial for offenses punishable under Sections 66(D) and 67 of the Information Technology Act, 2008, has approached this Court seeking appropriate relief. 3. The prosecution alleges that the petitioner created a fake Facebook ID using the profile picture of Respondent No.2 and further shared the profile picture along with sexually explicit content and vulgar language, with the intent to defame and damage the career of Respondent No.2. 4. Both parties are present before the Court and have filed a joint memo under Sections 359(6) & (8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to compound the offenses. The joint memo states that the parties have amicably resolved their dispute, and as per the terms of settlement, Respondent No.2 has agreed to withdraw all cases against the petitioner and has no objection to the quashing of proceedings. The joint memo is taken on record. 5. Additionally, it is observed that the charge sheet is not accompanied by a certificate under Section 65B of the Indian Evidence Act, 1872, which is a mandatory requirement to - 3 - NC: 2025:KHC-D:2564 CRL.P No. 100605 of 2025 substantiate allegations related to electronic evidence against the petitioner. 6. Although the offenses alleged are cognizable and non- compoundable, in view of the amicable settlement between the parties and considering the remote and bleak probability of conviction, continuing the trial would be an exercise in futility. In such circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.15822/2024, pending before the I Additional Civil Judge and JMFC, Hubballi, are hereby quashed. Ordered accordingly. JTR Ct:vh List No.: 1 Sl No.: 58 Sd/- (HEMANT CHANDANGOUDAR) JUDGE