- 1 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 662 OF 2020 BETWEEN: C K DEVAIAH @ DORE AGED ABOUT 33 YEARS S/O C M KUSHALAPPA R/AT NO. 6, 5TH CROSS GANESHA BLOCK, R T NAGAR BENGALURU – 560 032. …PETITIONER (BY SRI. M R C MANOHAR, ADVOCATE) AND: STATE OF KARNATAKA BY CYBER CRIME POLICE STATION BENGALURU REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001. …RESPONDENT (BY SRI. K NAGESHWARAPPA, HCGP) THIS CRL.RP FILED U/S 397 R/W 401 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 30.09.2020 PASSED BY LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-52) IN CRL.A.NO.1802/2019 DISMISSING THE SAME AND CONFIRMING THE JUDGMENT AND ORDER DATED 08.08.2019 PASSED BY THE I A.C.M.M., AT BENGALURU IN C.C.NO.22668/2012 AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NARAYANA UMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. Heard Sri.M.R.C.Manohar, learned counsel for petitioner and Sri.K.Nageshwarappa, learned High Court Government Pleader for the respondent - State. 2. Today, the matter is listed for admission. The learned counsel for the petitioner and the de-facto complainant have filed an application under Sections 320 read with 397 r/w 401 of the Code of Criminal Procedure (for short ‘Cr.P.C’) along with joint affidavit seeking to dispose of the Criminal Revision Petition in terms of settlement. The same are taken on record. 3. The petitioner and the complainant are present and are identified by their respective counsels. The application and joint affidavit for settlement is duly signed by the de-facto complainant, petitioner and their respective counsels. The contents of the joint affidavit read thus: “JOINT AFFIDAVIT We, C.K.Devaiah @ Dore, aged about 47 years, S/o.C.M.Kushalappa. R/at No.6, 5th Cross, Ganesha Block, R.T.Nagar, Bengaluru-560 032 - 3 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 AND Smt. Thanuja P.C, aged about 55 years, W/o Chinnappa P.B, R/at F-2, PSR Garden, 4th Main, Ganganagar, R.T Nagar, Bengaluru-560032, do hereby solemnly affirm and state on oath as follows:- 1. We submit that, C.K.Devaiah @ Dore is the Petitioner/Accused in the above case & Smt. Thanuja P.C is the De-facto Complainant /Informant in the above case and we swear to this Joint Affidavit. 2. We submit that, on, 21/06/2011 the De-facto Complainant/Informant, Smt. Thanuja P.C w/o P.B Chinappa has filed a Complaint before the Superintendent of Police, Cyber Crime Police Station, CID, Palace Road, Bengaluru. Based on the above Complaint, the Respondent Police have registered a case in Cr. No. 18/2011 under Section 66(A) of Information Technology Act, against me. 3. We submit that, Respondent police after concluding the Investigation have filed the Charge- sheet in C.C No. 22668/2012 before the I Additional Chief Metropolitan Magistrate Court, At Bengaluru for the offence punishable under section 67(A) of I.T Act. 4. We submit that, the learned I ACMM, Bengaluru has convicted the Petitioner in C.C No. 22668/2012, for the offence punishable under - 4 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 section 67(A) of I.T Act & sentenced me to undergo Simple Imprisonment for 2 years & pay a fine of Rs.25,000/- & in default to pay the fine amount, the Petitioner shall undergo simple Imprisonment for a period of 60 days. Acting under Section 357 of the Code of Criminal Procedure, the Complainant/CW-1 is awarded a compensation of Rs.20,000/-, out of the total fine of Rs.25,000/- vide Judgment dated 08/08/2019. 5. That, the Petitioner being aggrieved by the Judgment and Sentence of the Trial Court has preferred an Appeal before the LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU(CCH-52) in Crl.A No. 1802/2019. The learned Session Judge was pleased to dismiss the Appeal filed by the Petitioner by confirming the Judgment and Order of Conviction dated 08/08/2019 passed by the I ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE COURT, AT BENGALURU in C.C No. 22668/2012, vide Judgement dated 30/09/2020. 6. That, the Petitioner/myself being aggrieved by the Judgments of the Trial Court & the first Appellate Court, has preferred this Criminal Revision Petition, to set-aside the Judgments of Trial Court & the first Appellate Court. 7. We submit that, the De-facto Complainant/Informant has agreed to withdraw all - 5 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 the cases filed against the Petitioner including the above case. 8. We submit that, the De-facto Complainant/Informant had filed a Complaint against the Petitioner before the Respondent Police and after due deliberations and advises from well- wishers, relatives, friends, the De-facto Complainant/Informant has decided not to further prosecute the above case. Further, WE both have decided to terminate the allegations that have been made against each-others for our individual/personal peaceful and happy life to be led in future, as we both belong to the same community as well. 9. We submit that, the De-facto Complainant/Informant is well educated and is a home-maker, married & having grown-up children. She is a major even during the Complaint made to the Respondent police. She has no compulsion, harassment, threat. coercion and undue influence from any direction or corner to close the case once for all. That, myself/Petitioner has married In Jan, 2024 & I am leading a harmonious matrimonial life. We submit that, both the parties are not interested to continue the litigation & we intend to give a quietus to the above litigation & lead a happy life ahead. - 6 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 10. We submit that, this Joint Affidavit, is being filed on our own accord and free will, not at the behest of any persons, coercion, threat or any other extraordinary interest in seeking to close the case once for all & we have decided to lead our peaceful happy life independently. 11. We submit that, the De-facto Complainant/Informant has no objection to set aside the Judgment dt: 30/09/2020 passed by the LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-52) in Crl.A No. 1802/2019, in confirming the Judgment and Order dated 08/08/2019 passed by the I Additional Chief Metropolitan Magistrate Court, At Bengaluru in C.CNo.22668/2012. 12. We submit that, herein-after we do not have any rights, claims, grievance against each other. We both have family members, relatives etc., and they have also agreed not to indulge in filing further cases, claims etc., against each-others in the above circumstance. 13. If this application is not allowed, we will be put to great hardship, injury and mental agony, that apart leading to multiplicity of proceedings which consume lot of judicial time. Whereas, no prejudice will be caused to the prosecution if the same is allowed. - 7 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the accompanying application as prayed for, in the interest of justice. We, the deponents do hereby state that, what is stated above are true and correct to the best of our knowledge, information and belief.” 4. Considering the averments of the said joint affidavit and punishment prescribed for the offence punishable under Section 67(A) of Information Technology Act, 2000 (for short ‘I.T Act’), there is no embargo to this Court to record the compromise. It is needless to say that the compromise can be recorded at any stage of the case in order to maintain the quietus between the parties. 5. In addition to that, having considered the principles laid down by the Hon’ble Supreme Court in the case of NARINDER SINGH & OTHERS V. STATE OF PUNJAB & ANOTHER1, it is appropriate to record the compromise. 6. Accordingly, I proceed to pass the following: 1 2014(6) SCC 466 - 8 - NC: 2025:KHC:8143 CRL.RP No. 662 of 2020 ORDER (i) The Criminal Revision Petition stands disposed of in terms of the compromise. (ii) The judgment of conviction and order of sentence dated 08.08.2019 passed in C.C.No.22668/2012 by the I Additional Chief Metropolitan Magistrate, Bengaluru and the judgment and order dated 30.09.2020 passed in Crl.A.No.1802/2019 by the LI Additional City Civil and Sessions Judge, Bengaluru (CCH-52) are set aside. (iii) The petitioner / accused is acquitted for the offence punishable under Section 67(A) of Information Technology Act, 2000. (iv) Bail bond executed, if any, stands cancelled. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 10