- 1 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200461 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. TIPPANNA S/O NANDAPPA AGE 23 YEARS OCC BUSINESS R/O HALBHAVI VILLAGE TQ. SHORAPUR DIST. YADGIRI 2. GURURAJ S/O MALLAPPA AGE 22 YEARS OCC BUSINESS R/O HALBHAVI VILLAGE TQ. SHORAPUR DIST. YADGIRI 3. MALLIKARJUN S/O MALAPPA AGE 25 YEARS OCC BUSINESS R/O HALBHAVI VILLAGE TQ. SHORAPUR DIST. YADGIRI …PETITIONERS (BY SRI. RAJESH DODDAMANI, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH YADGIRI CEN CRIME POLICE STATION, YADGIRI NOW REPRESENTED BY ADDITIONAL SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585103 2. AYYAPPA S/O NINGAPPA AGE 31 YEARS, OCC AGRICULTURE R/O HALBHAVI VILLAGE TQ. SHORAPUR DIST. YADGIRI …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP R1; SRI. SHRAVANKUMAR MATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND QUASH THE FIRST INFORMATION REPORT IN CRIME NO. 9/2025 OF YADGIRI CEN CRIME POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 66-C, AND 66-(D) OF INFORMATION TECHNOLOGY ACT, 2008 AND U/S 318(4) AND 319(2) OF BNS 2023, NOW PENDING ON THE FILE OF HONOURABLE CIVIL JUDGE AND JMFC (SN.DN) YADGIRI IN CRIME NO. 9/2025 IN SO FAR AS ACCUSED NO.1, 2 AND 3 (AS PER FIR) ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioners are arraigned as accused Nos.1 to 3, have filed this petition seeking to quash the FIR in Crime No.9/2025 by the respondent No.1 – police for the offences punishable under Sections 66-C and 66-D of Information Technology Act, 2000 and Sections 318(4) and 319(2) of BNS, 2023 pending on the file of Civil Judge and JMFC (Sr.Dvn), Yadgiri. 2. Heard Sri.Rajesh Doddamani, learned counsel for the petitioners, Sri.Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri.Shravankumar Math, learned counsel for respondent No.2. - 4 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 Factual matrix of the case: 3. It is the case of the prosecution that, the complainant stated in his complaint that he had two saving bank accounts and the same are linked to PhonePe and Paytm applications. It is stated that the accused persons, who belong to the village of the complainant, have promoted an application namely COSTA APP. 4. After forming the said application, the complainant was asked to invest the amount under the said investment application. Further, the complainant was assured that the amount which would be invested would be doubled. Accordingly, a link has been sent to the complainant and asked him to invest via PhonePe. 5. It is further stated that, the complainant has invested a huge amount with the petitioners; investment App. However, he has been deceived by the petitioners. Being aggrieved by the same, he lodges a complaint against the petitioners and others seeking for intervention by the respondent No.1 - Police. - 5 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 6. The petitioners and the respondent No.2 are present and are identified by their respective counsels. Learned counsel for the respective parties have filed a joint memo of compromise stating that the matter has been settled between the parties. The joint memo of compromise is duly signed by the petitioners, the respondent No.2 and their respective counsels. The same is taken on record. 7. Learned counsel for the petitioners has filed an application I.A.No.2/2025 under Section 359 r/w Section 528 of BNSS, 2023 for compounding the offences. The respondent No.2 filed vakalath along with an affidavit stating that, he has settled the matter out of the Court and he is ready and willing to compound the offences. 8. Perused the I.A.No.2/2025 filed by the learned counsel for the respective parties. Paragraph Nos.2 and 3 of the said application, which reads as under: “2. That, both parties to the lis due to the intervention of elders of the family and community have amicably settle the matter the above mentioned case. - 6 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 3. Now, the above matter is settled out of Court and the respondent/Complainant is not willing to proceed with the above case. Hence, this Hon’ble Court may kindly be pleased to allow the instant application and may kindly be pleased to compound the offences.” 9. Having considered the joint memo and I.A.No.2/2025 filed for compounding the offences and also having considered the nature of offences and its punishment and also in view of the judgment of the Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab and Another1, it is appropriate to record the compromise in order to maintain quietus between the parties. 10. Accordingly, I proceed to pass the following: ORDER i) The Criminal Petition is allowed in terms of compromise. ii) The proceedings in Crime No.9/2025 of respondent – Police pending on the file of the 1 (2012)10 SCC 303 - 7 - NC: 2025:KHC-K:1943 CRL.P No. 200461 of 2025 Civil Judge and JMFC (Senior Division), Yadgiri, insofar as petitioners who are accused Nos.1 to 3 are concerned, stand quashed. iii) The bail bonds executed, if any, stand cancelled. In view of the disposal of the petition, pending application, if any, stands disposed of. Sd/- (S RACHAIAH) JUDGE RSP/NM/Bss List No.: 1 Sl No.: 41