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2025 DAILYLAW 72139 (KAR)

ALISTAIR SEAN D ROZARIO v. STATE OF KARNATAKA BY

CRL.P/9644/2025 · 2025-09-12

Sachin Shankar Magadum

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36449 CRL.P No. 9644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9644 OF 2025 BETWEEN: ALISTAIR SEAN D'ROZARIO S/O ALWIN PETER D'ROZARIO, AGED ABOUT 38 YEARS, R/AT NO.97, 2ND STAGE, INDUSTRIAL SUBURB, YESHWANTPUR, BANGALORE-560-022. …PETITIONER (BY SRI. AJAY KUMAR N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY R.M.C YARD POLICE STATION, APMC YARD, YESVANTPUR INDUSTRIAL SUBURB, YESWANTHPUR, BENGALURU, 560-022. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING-560001. 2. M/S NEO SAN PRIVATE LIMITED OFFICE AT NO. 97 DIGITAL PARK ROAD, BEHIND MEI INDUSTRIAL SUBURB, 2ND STAGE YESHWANTPUR, BANGALORE-560022. INCORPORATED UNDER THE COMPANIES ACT 2013, REPRESENTING BY ITS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36449 CRL.P No. 9644 of 2025 CHIEF EXECUTIVE OFFICER, MR. DHWAJ BAGRECHA. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C. PRAYING TO QUASH FIR REGISTERED BY RMC YARD P.S, IN CR.NO.66/2025 FOR THE OFFENCE P/U/S 65, 66, 72, 43, 66(C), 66(D), 72(A) OF I.T ACT AND SEC.308(2), 314, 316(2), 318(4), 319(2), 324(2) OF BNS (ANNEXURE-A) PENDING ON THE FILE OF THE HON'BLE III A.C.J.M AT BENGALURU AND ALL ARISING THEREFROM IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioner seeking quashing of the proceedings pending in Crime No.66/2025 for the offences punishable under Sections 65, 66, 72, 43, 66(C), 66(D), 72(A) of Information Technology and Section 308(2), 314, 316(2), 318(4), 319(2), 324(2) of the Bharatiya Nyaya Sanhitha. 2. Today, an application has been filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the - 3 - HC-KAR NC: 2025:KHC:36449 CRL.P No. 9644 of 2025 criminal proceedings. The respondent No.2/complainant is present before this Court. On being specifically questioned, respondent No.2 has stated that the dispute which gave rise to the present proceedings is essentially of a commercial nature. He has further acknowledged that the parties have resolved their differences amicably and, in view of the settlement, he is not desirous of prosecuting the criminal case pending in Crime No.66/2025. 3. Having regard to the fact that the parties have voluntarily arrived at an amicable settlement, and the complainant has unequivocally withdrawn all allegations made against the petitioner, this Court is of the opinion that the continuance of the proceedings would serve no fruitful purpose. The allegations in the complaint primarily relate to a commercial transaction, and no element of grave or heinous offence affecting public interest is made out. Though some of the offences invoked in the FIR are not compoundable, the inherent jurisdiction of this Court can be exercised to prevent abuse of the process of law - 4 - HC-KAR NC: 2025:KHC:36449 CRL.P No. 9644 of 2025 and to secure the ends of justice. Therefore, it is just and proper to bring the dispute to a quietus by quashing the proceedings. 4. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is hereby allowed. (ii) The proceedings in Crime No.66/2025 registered by the respondent–Police and now pending before the learned III Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 65, 66, 72, 43, 66(C), 66(D), 72(A) of the Information Technology Act and Sections 308(2), 314, 316(2), 318(4), 319(2), 324(2) of the Bharatiya Nyaya Sanhita, insofar as they relate to the petitioner, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 10