- 1 - NC: 2025:KHC-D:2571 WP No. 100897 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 WRIT PETITION NO. 100897 OF 2025 (GM-RES) BETWEEN: 1. SANDEEP GARG S/O. ANAND SWARUP GARD AGE ABOUT 58 YEARS, OCC. BUSINESS, R/O. 54, SECTOR 15, PART 1 GURGAON, HARYANA-122001. 2. KAPIL AGGARWAL S/O. P.D.AGGARWAL AGE. ABOUT 52 YEARS, OCC. BUSINESS, R/O. 401, NEAR HUDA MARKET, SECTOR 31 GURGAON, HARYANA-122001. …PETITIONERS (BY SRI. NANDISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KAMALAPUR POLICE, HAMPI CIRCLE, VIJAYANAGARA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. RAJASHEKHARAN PILLI S/O. NAGAPPA PILLI AGE. ABOUT 66 YEARS, OCC. RETD. FOREST OFFICER, R/O. KAMALAPUR, HOSPETE TALUK, VIJAYANAGAR. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. SABEEL AHMED, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BNSS, 2023, PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED PRIVATE COMPLAINT PENDING ON THE FILE OF THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC HOSPETE IN P.C.NO.01/2024 VIDE ANNEXURE-A IN SO FAR AS PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:56 +0530 - 2 - NC: 2025:KHC-D:2571 WP No. 100897 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1/State. Sri. Sabeel Ahmed, learned counsel, has filed power on behalf of respondent No.2. 2. The petitioners challenge the registration of the FIR for the offences punishable under Sections 120B, 420, 426 read with Section 34 of the Indian Penal Code, 1860 (“IPC”). 3. Respondent No.2 lodged the first information report, alleging that the petitioners induced him to invest money for the purpose of transferring a company. However, after receiving the money, they failed to transfer the company in his favor. 4. The parties are present before the Court and are duly identified by their respective counsel. The petitioners have annexed a copy of the Settlement Agreement entered into between them and respondent No.2. As per the terms of the Settlement Agreement, the petitioners have agreed to transfer the company in favor of respondent No.2, subject to the withdrawal of allegations against them. 5. Respondent No.2, who is present before the Court, has agreed to withdraw all allegations against the petitioners, subject to the terms and conditions of the Settlement Agreement. - 3 - NC: 2025:KHC-D:2571 WP No. 100897 of 2025 6. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably resolved the dispute among themselves, subjecting the petitioners to investigation would be a futile exercise. The probability of the police filing a charge sheet against the petitioners is remote and bleak in light of the settlement. In such circumstances, the continuation of the investigation against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned registration of FIR in Crime No.63/2024 by Kamalapur Police Station, Hampi Circle, is hereby quashed. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 72