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2025 DAILYLAW 34728 (KAR)

PRASHOB P J v. STATE OF KARNATAKA

CRL.P/12599/2023 · 2025-04-04

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12599 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: PRASHOB P.J, AGED ABOUT 33 YEARS, S/O JHOSHI, R/AT SOLISITE RESIDENCY, NO. A401, BAIRATI VILLAGE, KOTANUR, BENGALURU - 560 077. …PETITIONER (BY SRI. NAGARJUNA A.S, ADVOATE FOR SRI. MRC MANOHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIVALA POLICE STATION, BENGALURU CITY, REP. BY STATE PUBIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. REEBA REBECCA JACOB, D/O JACOB P KURIAKOSE, AGED ABOUT 31 YEARS, R/AT NO. 406, MAKANA TOWER, TAVAREKRE MAIN ROAD, 2ND MAIN ROAD, BRINDAVAN NAGAR BTM 1ST STAGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 BANGALORE - 560 068. …RESPONDENTS (BY SMT. RASHMI PATE, HCGP FOR R1; SRI. BELAHARI K.V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.928/2023 (C.C.NO.3389/2023) (CR.NO.130/2022) REGISTERED BY THE MADIVALA P.S., BENGALURU FOR THE OFFENCE P/U/S 506, 376, 420, 417 OF IPC AND THE CASE IN NOW PENDING ON THE FILE OF THE HONBLE LIII ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings in S.C.No.928/2023 pending on the file of the Hon’ble LIII Additional City Civil and Sessions Judge(CCH-54), Bengaluru, is sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. Respondent No.2/defacto complainant set the law into motion, lodging a complaint against the petitioner alleging offences under Section 506, 376 and 420 of IPC. - 3 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 Based on the said complaint case in Crime No.130/2022 was registered at Madivala Police Station, Bengaluru City for the aforementioned offences. 3. Police filed charge sheet on completion of investigation for offences punishable under Section 417, 420, 376 and 506 of IPC and the proceedings are pending before the Sessions Court in S.C.No.928/2023. 4. The respondent No.2/defacto complainant is a major aged 31 years. Allegations are that she got acquainted with the petitioner through online dating app and both of them fell in love with each other and the petitioner with a false promise of marriage, committed sexual intercourse with her on several occasions and also took more than Rs.65.00 lakhs and cheated her etc. 5. A perusal of the material on record reveals that since 2020, petitioner and respondent No.2 are acquainted with each other. It is alleged that with a false promise of marriage, petitioner got into physical relationship with the - 4 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 complainant and then received more than Rs.65.00 Lakhs from her and then cheated her. 6. The victim is a major, educated and working in a Multi National Company. Under similar circumstances, this Court has taken a view in CHANDAN. H. S. V/S. STATE OF KARNATAKA AND ANOTHER (Crl.P.No.1111/2022) disposed on 15.02.2022 that the ingredients of the offence under Section 376 of IPC are not made out. 7. Parties have filed an application under Section 320 read with Section 482 of Cr.P.C. along with a joint affidavit. It is stated that petitioner and second respondent have settled their dispute out of the Court. The terms of settlement at paragraph No.5 is extracted here under:- 5. We submit that, the Petitioner & the 2nd Respondent have settled their disputes out of Court with the following terms: a) The Petitioner has agreed to pay a sum of Rs.35,00,000/-(Rupees Thirty Five Lakhs - 5 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 Only) to the 2nd Respondent & the 2nd Respondent has agreed to receive the above-said amount & to put a quietus to the dispute between the parties & to lead an independent, harmonious & peaceful life ahead. b) The Petitioner has paid a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) today to the 2nd Respondent by way of Demand Draft, bearing No.450735 dt:17/03/2025, drawn on Punjab National Bank, Kothanur Branch, Bengaluru-77 & the 2nd Respondent has acknowledged the receipt of the same. The balance amount of Rs.15 Lakhs has been agreed to pay as under; c) The Petitioner has agreed to pay the balance of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) as under: i) Rs.5,00,000/- (Rupees Five Lakhs Only) vide Post-dated Cheque bearing No.101636 dt:30/09/2025, drawn on ICICI Bank, Koramangala Branch, Bengaluru. - 6 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 ii) Rs.5,00,000/- (Rupees, Five Lakhs Only) vide Post-dated Cheque bearing No.101637 dt:30/12/2025, drawn on ICICI Bank, Koramangala Branch, Bengaluru. iii) Rs.5,00,000/- (Rupees Five Lakhs Only) vide Post-dated Cheque bearing No.101638 dt:30/03/2026, drawn on ICICI Bank, Koramangala Branch, Bengaluru. 8. Joint affidavit is placed on record. Both petitioner and respondent No.2 are present before the Court. Respondent No.2/defacto complainant submits that she has no objection for quashing the entire proceedings pending in S.C.No.928/2023 on the file of the Court of LIII Additional City Civil and Sessions Judge (CCH-54), Bengaluru, in view of the settlement. 9. Respondent No.2 has acknowledged the receipt of Demand Draft bearing No.450735 dated 17.03.2025 drawn in her favour for sum of Rs.20,00,000/- as well as - 7 - NC: 2025:KHC:14560 CRL.P No. 12599 of 2023 three post dated cheques for Rs.5.00 Lakhs each, as per paragraph No.5 (i), (ii) and (iii) of the joint affidavit. 10. In view of the above, no purpose will be served in keeping the criminal proceedings pending against the petitioner. To meet the ends of justice, it is just and necessary to quash the entire proceedings. Accordingly, the following:- ORDER i) Petition is allowed. ii) The entire proceedings in S.C.No.928/2023 pending on the file of the LIII Additional City Civil and Sessions Judge Bengaluru (CCH-54) Bengaluru is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 9 CT: BHK