Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50146 CRL.P No. 7990 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7990 OF 2025
BETWEEN:
SRI E.SURESH S/O LATE ETHIRAJULU AGED ABOUT 59 YEARS RESIDING AT NO. H-831 BRIGADE LAKE FRONT APARTMENT SEETHARAMPALYA, BANGALORE - 560 048.
&PETITIONER (BY SRI PARAMESHWARAPPA M. V., ADVOCATE)
AND:
1.
STATE BY CEN CRIME PS , CHIKKABALLAPURA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
SMT. VIJAYALAKSHMI W/O LATE NARAYANASWAMY K., AGED ABOUT 49 YEARS
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:50146 CRL.P No. 7990 of 2025
RESIDING AT WARD NO. 21 NEAR VINAYAKA KALYANA MANTAPA PRASHANTHNAGARA CHIKKABALLAPURA TOWN CHIKKABALLAPURA - 562 101.
&RESPONDENTS (BY SRI RAHUL RAI K., HCGP FOR R1;
SMT. ANUSHA DEVI H., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR, COMPLAINT AND ORDER SHEET IN CR.NO.45/2025 REGISTERED BY THE CHIKKABALLAPAURA CEN POLICE PENDING ON THE FILE OF II ADDL.CIVIL AND JUDGE AND J.M.F.C AT CHIKKABALLAPURA AS PER ANNEXURE A TO C FOR T HE OFFENCE P/U/S 318(4) OF BNS 2023 AND 66(D) OF I.T ACT BY ALLOWING THE PETITION FILED BY THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
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HC-KAR NC: 2025:KHC:50146 CRL.P No. 7990 of 2025
ORAL ORDER
This Petition is preferred under Section 528 of the BNSS, 2023 seeking to quash the FIR and complaint in Crime No.45/2025 registered by the Chikkaballapura CEN Crime Police Station, for the offence punishable under Section 318(4) of the BNS and Section 66(D) of the Information Technology Act, 2008.
2. Heard learned counsel for the petitioner, learned HCGP for the State and learned counsel appearing for respondent No.2-defacto complainant.
3. It is alleged in the complaint that the 2nd respondent got acquainted with the petitioner on 10.10.2024 in a 'divorcee matrimony', wherein the petitioner promised her that he will give her a new life and started contacting her through phone and making video calls. Thereafter, stating that he has purchased a site and he has to register the same and for the said purpose, he requires financial assistance, received on various
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HC-KAR NC: 2025:KHC:50146 CRL.P No. 7990 of 2025
occasions, a total sum of Rs.2,80,000/- and cheated her by not returning the amount and also abused her in filthy language and refused to marry etc.
4. The investigation is at the threshold. In the complaint, the 2nd respondent has given the details of the account number and the particulars regarding the transfer of the amount to the account of the petitioner. The allegations are that the petitioner after befriending the complainant assuring that he will give her a new life, received on various occassions a total sum of Rs.2,80,000/- and cheated her.
5. The contention of the petitioner's counsel that the entire allegations are false and the dispute is purely civil in nature etc., cannot be accepted at this stage, as the averments in the complaint are that the petitioner received money in the guise for registering the site purchased by him. Since the investigation is in progress, this Court is not inclined to entertain the petition. If the
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HC-KAR NC: 2025:KHC:50146 CRL.P No. 7990 of 2025
parties are willing to settle the dispute, it is always open for them to file a petition for quashing on that ground. The petition is dismissed. I.A.No.2/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
NS/List No.: 1 Sl No.: 25/CT:SS