Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.15421 OF 2025
BETWEEN:
MOHIT GOYAL S/O RAVI KANT GOYAL, AGED ABOUT 30 YEARS, RESIDING AT NO-304, 3RD FLOOR, NO.01 AND 10, NIDHI HOMES, 9TH A CROSS, BOREWELL ROAD, WHITEFIELD, BENGALURU, KARNATAKA-560 066. …PETITIONER
(BY SRI. JAGADEESH M.L., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION, WHITEFIELD SUB DIVISION, BENGALURU CITY , REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
2.
SHRI. S. BHARATH KUMAR AUTHORIZED REPRESENTATIVE OF NEWTRACE PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS OFFICE AT: #23, 1ST CROSS, 2ND MAIN ROAD,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
DODDANEKUNDI INDUSTRIAL AREA 2, PHASE 1, BENGALURU-560 048. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R-1;
SRI. ROSHAN GEORGE JACOB, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. (FILED UNDER SECTION 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.471/2025 REGISTERED BY THE MAHADEVAPURA POLICE STATION, BENGALURU CITY FOR OFFENCES PUNISHABLE UNDER SECTION 316(4) AND 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE LEARNED 3RD ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner has preferred this petition seeking to quash the FIR in Cr.No.471/2025 registered at Mahadevapura Police Station, Bengaluru City, for the offence punishable under Section 316(4) and 318(4) of BNS, 2023.
2. The authorized Representative of Newtrace Private Limited, a company incorporated under the Companies Act, 2013, alleging cheating, fraud and criminal
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HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
breach of trust etc., lodged a complaint against the petitioner.
3. It is submitted that the dispute has been settled between the parties. Along with the petition, an application is filed accompanied with a joint affidavit of the parties for compounding the offence. The joint affidavit is signed by the petitioner as well as respondent No.2 and the learned counsel appearing for them. Paras-1 to 11 of the joint affidavit are extracted herein:
1. We, the Deponent No 1 & 2 are the Respondent No.2 and Petitioner in this Petition respectively. We are well conversant with the
facts and Circumstances of the Case and we are Competent to Swear to this Affidavit. 2. The Deponent No.1 has filed the above case, for quashing of the FIR in Crime No.471/2025 dated 29.07.2025 registered at Mahadevapura Police Station, Whitefiled Sub Division, Bengaluru City for commission of the offence U/s. 316 (4) and 318 (4) of the Bharatiya Nyaya Sanhita, 2023, and the proceedings emanating therefrom. - 4 -
HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
3. An FIR in Crime No.471/2025 dated 29.07.2025 was registered at Mahadevapura Police Station, Whitefield Sub Division, Bengaluru City for commission of the offence U/s. 316 (4) and 318 (4) of the Bharatiya Nyaya Sanhita, 2023, based on the coplaint lodged by the Deponent No.1. The Gist of the Complaint is that the Deponent No.2 had as a Senior Associate of Finance & Accounts in the De-facto Complainant’s company altered the entries and invoices of the vendors and put his account number on the said invoices and initiated the payments of the same allegedly on behalf of the Deponent No.1, hence the said Complaint. 4. The Deponent have amicably resolved their disputes. The Deponent No.1 has received an amount of Rs.22,86,412/- (Rupees Twenty Two Lakhs Eighty Six Thousand Four Hundred and Twelve only) as full and final settlement by way of Demand Draft. The Parties therein have agreed mutually to compromise the said matter and have agreed to certain conditions, which has been articulated below as per the terms of Settlement which has been agreed to and signed by the Deponents. 5. As per the terms of the settlement by way of this joint affidavit, the Deponent No.1 has agreed to compromise and compound the FIR No.471/2025
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HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
dated 29.07.2025 registered at Mahadevapura Police Station, Whitefield Sub Division, Bengaluru City for commission of the offence U/s. 316 (4) and 318 (4) of The Bharatiya Nyaya Sanhita, 2023, and the proceedings emanating therefrom against Deponent No.2 herein. The Deponent No.1 has no objections to compromise and compound the instant matter. 6. The Deponent No.1 confirms that there are no claims whatsoever in future with respect to Deponent No.2.
And that the Deponent No.1 has received a sum of INR 22,86,412 (Rupees Twenty Two Lakhs Eighty Six Thousand Four Hundred and Twelve only) as full and final settlement by way of Demand Draft bearing DD No:872194. Dated:28/10/2025, in the Favor of the Deponent No.1. 7. It is agreed by the Deponent No.1 and 2 that after the said settlement, that neither parties shall make attempts to or seek any damages or compensation or any kind of relief, before any other authority/forum, with respect to the instant matter. 8. The Deponent No.1 and 2 both have agreed that either parties shall not profess or communicate in any manner, to any person, anything, which shall tarnish the reputation or bring any form of damage
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HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
to their reputation, either orally, written or in the digital form, which shall also include social media platforms. 9. Both parties have agreed that Deponent No.2 has handed over all items/articles belonging to Deponent No.1 back to them and accordingly, Deponent No.1 acknowledges the same. 10. The Deponent No.1 and 2 have given their consent on their own free will and that there is no pressure or undue influence being exercised on it by either parties. 11. In view of the amicable resolution of disputes between Deponent No.1 and Deponent No.2, it is humbly stated that this is a fit and proper case for this Hon’ble Court to exercise its inherent power to quash and set aside the FIR and the proceeding emanating therefrom.”
4. The dispute between petitioner and respondent No.2, has been now settled as per the joint affidavit. Petitioner as well as respondent No.2 are present before the Court. Respondent No.2 submits that he has no objection to quash the proceedings in view of the settlement and therefore, seeks to compound the offence. - 7 -
HC-KAR NC: 2025:KHC:46146 CRL.P No. 15421 of 2025
5. The joint affidavit is placed on record. 6. Considering that the dispute is private in nature and the same having been settled, the inherent power of this Court can be exercised to quash the proceedings. Hence, the following:
ORDER
i. Petition is allowed.
ii. The entire proceedings arising out of Cr.No.471/2025 of Mahadevapura Police Station, Bengaluru City, pending on the file of the Court of III Additional CMM Court, Nrupathunga Road, Bangalore City, are quashed.
iii. Pending I.A. is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
TL List No.: 1 Sl No.: 94