- 1 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102821 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MR. SUSHANJAL S/O. VINAY SHRIVASTAVA, AGE. 27 YEARS, OCC. STUDENT, R/O. POORE LALU, PANKHARAULI, SULTANPUR, UTTAR PRADESH-228 001. …PETITIONER (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, THROUGH BELAGAVI DISTRICT CEN POLICE STATION, HIGH COURT, DHARWAD. 2. MR. RAKESH S/O. BHIMAPPA YADHURE, AGE. 19 YEARS, OCC. STUDENT, R/O. NEAR GRAM PANCHAYATH, CHINCHANI VILLAGE, TAL. CHIKKODI, DIST. BELAGAVI-591 287. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. A.S. KANKONKAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR CRIME NO.36/2025 DATED 16.05.2025 FOR OFFENCES UNDER SECTIONS 318(4), 319(2) OF BNS AND SECTION 66D OF INFORMATION TECHNOLOGY ACT REGISTERED BY BELAGAVI DISTRICT CEN P.S. AGAINST PETITIONER/ACCUSED NO.1, PENDING ON THE FILE OF III JMFC BELAGAVI. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 is before this Court under Section 528 of BNSS 2023, with a prayer to quash the entire proceedings in Crime No.36 of 2025 registered by Belagavi CEN Crime Police Station, Belagavi District, for offences punishable under Sections 318(4) and 319(2) of BNS 2023 and Section 66D of the Information Technology Act, 2008. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner and the learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled at the intervention of elders and well wishers of both parties. The petitioner has paid a sum of ₹15,00,000/- to the respondent No.2, which has been transferred to the Bank account of the respondent No.2. Therefore the petitioner, as well as the respondent No.2 do not intend to continue the - 3 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 proceedings and therefore they have filed an application before this Court seeking permission of this Court to compound the alleged offences. 4. Per contra, learned HCGP submits that the petitioner is involved in other criminal cases also. However, she does not dispute that except the respondent No.2 herein, there is no other victim in the present case. 5. Allegation in the first information submitted by respondent No.2, which has resulted in registering the FIR against petitioner in Crime No.36 of 2025 registered by Belagavi CEN Crime Police Station, Belagavi District for the aforesaid offences, is that, the petitioner had induced the respondent No.2 to deposit money in his Bank account with an assurance that he will make arrangements for selection of respondent No.2, who is a cricket player, to play in Rajasthan Premier League Cricket Tournament. The allegation in the first information is that, respondent No.2 on various dates has totally transferred an amount of - 4 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 Rs.23,53,550/- to the account of accused Nos.1 and 2, who had promised him that they will make arrangements for selection of respondent No.2 to play in Rajasthan Premier League Cricket Tournament. 6. Learned counsel for the petitioner and respondent No.2 have stated that the dispute between the parties to this petition has been settled and the parties have therefore filed an application seeking permission of this Court to permit the parties to compound the alleged offences. The accused/ petitioner is present before the Court virtually, and the respondent No.2 is present in person before the Court. The parties are identified by their respective advocates. The application which is filed by the parties under Section 359 read with Section 528 of BNSS 2023 is signed by respondent No.2 and also by the learned advocates appearing for the parties. 7. The said application is also supported by the affidavit of respondent No.2, who is the first informant in - 5 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 the present case. Respondent No.2 who is present in person before this Court has stated that settlement between the parties is voluntary, without there being any coercion and he has also admitted receipt of ₹15,00,000/- from the petitioner in his Bank account. In paragraph Nos.1 to 4 of the application, it is stated as follows: “1. I am the 2nd respondent/complainant in the above case. I am fully conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I state that the dispute between Petitioner/Accused No.1 and myself with the intervention of the elders, Well-wishers is amicably settled. Therefore, I have no objection, to quash the FIR Crime bearing Belagavi District CEN Ps Cr No. 36/2025 pending on the files of Hon'ble III JMFC Belagavi under section 318(4), 319(2) of BNS and Sec 66D of Information Technology Act 2008 against Petitioner/Accused No.1 only. 3. In view of compromise, the Petitioner/Accused No.1 has paid an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to me in my account maintained in Indian Overseas bank bearing A/c. No. 329901000005589 through RTGS dated 17/07/2025. 4. Further the I have entered into this compromise only against the Petitioner/Accused - 6 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 No.1 and not against the other accused in Crime No.36/2025 registered by Belagavi District CEN Police and I will continue to prosecute against the other accused for recovery of my remaining money. Further I have no objection to defreeze the bank account of Complainant and his family members viz., 1] A/c No. 30659121365 of SBI Bank, 2] A/c. No. 19000110097878 of UCO Bank, 3] A/c. No. 50100620367536 of HDFC Bank.” 8. In the affidavit filed by respondent No.2, averment found in the aforesaid paragraphs is reiterated. The offences alleged against the petitioner are compoundable in nature. It is not in dispute that except respondent No.2, there is no other victim in the present case. 9. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted in the view of the settlement arrived between the parties. Accordingly, the following: ORDER Criminal petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:12291 CRL.P No. 102821 of 2025 The proceedings in Crime No.36 of 2025 registered by Belagavi CEN Crime Police Station, Belagavi District, for offences punishable under Sections 318(4) and 319(2) of BNS, 2023 and Section 66D of the Information Technology Act, 2008, as against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK/LIST NO.: 1 SL NO.: 93