- 1 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10106 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MAHAMMAD SUHEL, S/O ABDUL JABBAR, AGED ABOUT 27 YEARS, R/AT BEHIND GOVT. HIGH SCHOOL KUVETTU, BELTHANGADY TALUK SABARBAIL, D.K.DISTRICT – 574 224 2. ASKAN SHEIK S/O ALTHAF AHAMAD AGED ABOUT 32 YEARS, R/AT NO.3-89/B/1 CHEMBUGUDDE, NEAR MASJID PERMANNURU VILLAGE, MANGALURU TALUK D.K.DISTRICT – 575 017. …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CYBER CRIME POLICE STATION, BENGALURU CITY REP. BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. KRISHNA MURTHY V. N., S/O NARASIMHA MURTHY, AGED ABOUT 43 YEARS R/AT NO.54, 2ND CROSS, SIDDESHWARA LAYOUT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 SIDEDAHALLI, BAGALAGUNTE, BENGALURU CITY – 560 076. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. PRATHEEP K.C., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.21/2022 REGISTERED BY CYBER CRIME P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 66 OF I.T ACT, U/S 21 OF BANNING OF UNREGULATED DEPOSIT SCHEME ACT, 2019, U/S 406, 420 OF IPC, ON THE FILE CCH-1 CITY COURT COMPLEX, BENGALURU CITY, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following relief: “To quash the FIR in Crime No.21/2022 for the offence punishable under Section 66 of Information Technology Act, Section 21 of Banning of unregulated deposit Scheme Act, 2019 and Sections 406, 420 of IPC, on the file CCH-I City Court Complex, Bengaluru City, of Cyber Crime Police Station, which is produced at Annexure-A, in the interests of justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed Application – I.A.2/2025 along with Affidavit of petitioners and Affidavit of 2nd respondent duly signed by the petitioners, 2nd - 3 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 respondent and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1 and 2 and their counsel and 2nd respondent and his counsel are physically present before the Court and they admit the contents of the Application – I.A.2/2025 and Affidavits, which reads as under:- “APPLICATION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE For the reasons stated in the accompanying affidavits that this Hon'ble Court may be pleased to permit the parties to compound the offence and quash the FIR in Crime No.21/2022 for the offence punishable under Section 66 of Information Technology Act, Section 21 of Banning of unregulated deposit Scheme Act, 2019 and Sections 406, 420 of IPC, on the file CCH-1 City Court Complex, Bengaluru City of Cyber Crime Police Station, which is produced at Annexure-A, in the interests of justice.” “AFFIDAVIT I, Mahammad Suhel S/o. Abdul Jabbar, Aged about 27 years, R/at: Behind Govt. High School Kuvettu, Belthangady Taluk, Sabarbail, D.K District 574 224, today at Bengaluru do hereby solemnly affirm and state on oath as follows. I, Askan Sheik S/o. Althaf Ahamad Aged about 32 years, R/at: No.3-89/B/1, Chembugudde Near Masjid - 4 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 Permannuru Village, Mangaluru Taluk D.K District 575 017, today at Bengaluru do hereby solemnly affirm and state on oath as follows. 1. We state that, we are the petitioner in the above case we know the facts and circumstances of the case. Hence we are deposing hereunder. 2. We state that, the alleged of financial transaction between accused No.3 and complainant as a investment in a network marketing business with a promise of getting profit at the rate of 10% per month. But the role of us is that, just we had introduced the complainant to the accused No.3. 3. We state that, after we introduce the complainant to the accused No.3, they had a transaction without knowing to us and the interaction between other victims and the accused No.3 was not in our knowledge. 4. We state that, the case was registered in the year 2022 even after lapse of 3 years the investigation was not completed and the investigation officer did not trace the accused No.3 till today. We further state that, we have no transaction with the complainant or other victims, the complaint was filed under misconception and there was no role played by us in the alleged incident. 5. We state that, the complainant and his friends has mobilize the hard earned money in a trading activities, the, after we knowing the situation of the complainant - 5 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 and his friends we had supported them in financially and helped during the financial crisis on a humanitarian ground and same was received by the complainant. 6. We state that, the complainant and his friends has come forward to settled the dispute and law was set in to motion without knowing the consequence and in order to recover the money from the accused No.3 roped us in the alleged incident on the ill advice of the friends. 7. We state that, we have no objection to quash the entire proceedings / FIR and the respondent voluntarily signed the affidavits and with an intention to prosecute the real culprit / accused No.3 in the above case. Wherefore, we pray that, this Hon'ble Court may be pleased to permit us to compound the offence consequently, quash the FIR Crime No.21/2022 for the offence punishable under Section 66 of Information Technology Act, Section 21 of Banning of unregulated deposit scheme Act 2019 and Sections 406, 420 of IPC, on the file CCH-I City Court Complex, Bengaluru City, of Cyber Crime Police Station, which is produced at Annexure-A, in the interests of justice.” “AFFIDAVIT I, Krishna Murthy V.N. S/o. Narasimha Murthy Aged about 43 years, presently R/at: No.54, 2nd Cross, - 6 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 Siddeshwara Layout, Sidedahalli, Bagalagunte, Bengaluru City 560 076 Aaddoar No.463993852454, do hereby solemnly affirm and state on oath as follows. 1. I state that, I am the complainant in the above case and I know the facts and circumstances of the case. Hence I am deposing hereunder. 2. I state that, I have filed complaint against petitioners and accused No.3 in Crime No.21/2022 on 02.05.2022. 3. I state that, the complaint was filed against the petitioner who introduced the accused No.3 to me and my friends. I state that, due to the misunderstanding and ill advice of my friends and relatives I had mentioned these two petitioners in the complaint without knowing the consequences. 4. I state that, I was under shock that, accused No.3 who had cheated me with a assurance of profit at the rate of 10% per month. I state that, when the accused No.3 who had cheated me and my friends with a bit of anger I had included the petitioners in the complaint without knowing their role in the alleged incident. 5. I state that, these petitioners / accused Nos.1 and 2 are my common friends through one Ramesh and they introduced the accused No.3 to me and my friends and in turn with the assurance of the accused No.3 we had invested the amount in his company. - 7 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 6. I state that, now I came to know that these 2 petitioners, who are accused Nos.1 and 2 are nothing do with alleged offence and they are also the victims of above case and even accused No.3 who had cheated the accused Nos.1 and 2 by giving false promises. 7. I state that, I have no objection to quash the FIR against petitioner Nos.1 and 2 who are accused Nos.1 and 2 in the FIR. 8. I state that, I had decided to give quietus to the dispute by withdrawing the allegation and I have no objection to quash the FIR against the petitioners. 9. I state that, I know the contents of the affidavit, I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence. Wherefore, I pray that, this Hon'ble Court may be pleased to permit the us to compound the offence consequently, quash the FIR Crime No.21/2022 for the offence punishable under Section 66 of Information Technology Act, Section 21 of Banning of unregulated deposit Scheme Act 2019 and Section 406, 420 of IPC, on the file CCH-I City Court Complex, Bengaluru City, of Cyber Crime Police Station, which is produced at Annexure-A, in the interests of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 8 - HC-KAR NC: 2025:KHC:26603 CRL.P No. 10106 of 2025 ORDER (i) The petition is disposed of in terms of Application – I.A.2/2025 and Joint Affidavit dated 16.07.2025. (ii) The FIR in Crime No.21/2022 dated 02.05.2022 of Cyber Crime Police Station registered for the offences punishable under Sections 406 and 420 of IPC and Section 66 of Information Technology Act, 2000 and Section 21 of Banning of unregulated deposit Scheme Act, 2019 on the file CCH-I City Court Complex, Bengaluru City, in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 11 Sl No.: 5