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2025 DAILYLAW 91481 (KAR)

SRI. RAVU SRIKANTH RAO @ SRIKANTH RAO v. STATE OF KARNATAKA

CRL.P/15299/2025 · 2025-11-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15299 OF 2025 BETWEEN: SRI. RAVU SRIKANTH RAO @ SRIKANTH RAO AGE: 32 YEARS, SON OF SAMPATH RAO, ADDRESS NO.3-93, VELUMAPALLE, NALLABELLY, WARANGAL DISTRICT, ANDHRA PRADESH-506 349. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE (P/H)) AND: 1. STATE OF KARNATAKA BY CEN POLILCE STATION BANGALORE RURAL DISTRCT-560 001, REP BY ITS: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. R. SHIVAKUMAR S/O RAMACHANDRAIAH R., AGE: 38 YEARS, ADDRESS NO.141, 5TH CROSS, NEAR SONDEKOPPA, DADAPEER LAYOUT, NELAMANGALA, BENGALURU DISTRICT-562 123. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. B.R. SHRATH GOWDA, ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR NO.115/2025 DATED 24.06.2025 REGISTERED BY CEN BENGALURU, BENGALURU RURAL DISTRICT AND ALL PROCEEDINGS THEREFROM AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2008 AND SECTIONS 316(2), 318(4), 319(2) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, PRODUCED AT ANNEXURE-A, HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition arise out of a case registered in Cr.No.115/2025 of Bengaluru CEN Crime Police Station, Bengaluru District. 2. FIR is registered on a complaint lodged by one Shivakumar R. against accused Nos.1 to 3 for the offence punishable under Section 66(D) of the Information - 3 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 Technology Act, 2008 and Section 316(2), 318(4), 319(2) of BNS, 2023. 3. The crux of the complaint allegations are that accused No.1 by promising that he will secure a job for the complainant’s son in USA, received a sum of Rs.38,51,297/- and neither provided him a job nor returned the amount and thereby cheated him etc. 4. The complaint is lodged alleging cheating, criminal breach of trust, criminal conspiracy etc. Accused Nos.2 and 3 are inducted as accused alleging conspiracy. 5. Petitioner/accused No.1 and the complainant’s father are present before the Court. The complainant is present through video conference. 6. Petitioner has furnished a copy of the memorandum of understanding entered between the parties. As per the said memorandum of understanding, the petitioner has agreed to pay total sum of Rs.30 lakhs to respondent No.2/defacto complainant/victim. A sum of - 4 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 Rs.5 lakhs is said to have been paid and two post dated cheques are said to be issued dated 31.1.2026 for a sum of Rs.10 lakhs and dated 28.2.2026 for a sum of Rs.15 lakhs, both drawn on Canara Bank, Warangal Circuit House, Telangana. The receipt of the cheques is acknowledged by respondent No.2 and his father, who is present before the Court. 7. A joint compromise memo has been filed along with a joint affidavit filed by the complainant’s father, who has been authorized by the complainant. As per joint compromise memo, the parties have settled the dispute between them in terms of the written memorandum of understanding. The conditions of the joint compromise memo are extracted hereunder: “1. The Petitioner and Respondent No.2 submit that in view of the settlement of all disputes between them-arising out of Crime No.115/2025 (CEN Crime Police Station, Bangalore Rural)-they have amicably resolved all the issues pertaining to - 5 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 the FIR and subsequent proceedings, as per Memorandum of Understanding dated 15.10.2025. 2. The complainant, Sri R. Shivakumar, has, by letter of authorisation dated 14/07/2025, duly authorised his father, Sri Ramachandraiah S/o Ramaiah (aged 75 years), to act on his behalf for settling and dealing with all aspects of the present case, including giving consent for compromise and quashing the proceedings. The Respondent No.2 is currently residing in USA on account of his job. He is participating in the proceedings through online. 3. Parties have reduced their terms of compromise into a written Memorandum of Understanding. The entire disputed amount has been secured through part-payment and post-dated cheques, and there is no further claim or grievance of either party against the other. 4. Therefore, Respondent No.2, represented through his authorised father, Sri Ramachandraiah, has expressly stated that he has no objection if the proceedings in FIR No.115/2025, and all criminal proceedings arising therefrom, are quashed. 5. It is therefore, jointly submitted that in the interest of justice, equity, and in view of the Supreme Court's guidelines encouraging settlement of private disputes, this Hon'ble Court may be - 6 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 pleased to quash all further proceedings in Crime No.115/2025 (CEN Crime Police Station, Bangalore Rural) including any related cases, in the interest of justice and equity.” 8. Respondent No.2 submits that in view of the settlement, he is not interested to proceed with the criminal proceedings initiated against all the accused and he has no objection to quash the proceeding. 9. The dispute is private in nature between the accused and the complainant. They have settled the dispute by filing a joint compromise memo along with the affidavit and reported settlement. Hence, this Court is of the considered view that no purpose will be served in continuing the criminal proceedings initiated by respondent No.2. Hence, to meet the ends of justice, it is just and proper to quash the proceedings. Accordingly, the following: ORDER i. Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:45596 CRL.P No. 15299 of 2025 ii. The entire proceedings arising out of Cr.No.115/2025 Bengaluru CEN Crime Police Station, Bengaluru District are quashed. iii. Pending I.A. is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 95