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2026 DAILYLAW 32272 (KAR)

ARFATH PASHA v. STATE OF KARNATAKA BY

CRL.P/11247/2026 · 2026-07-31

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11247 OF 2026 BETWEEN: 1. ARFATH PASHA, S/O MR. APSAR PASHA, AGED 21 YEARS, R/O NO.39, 9TH MAIN ROAD, PADARAYANAPURA, BANGALORE SOUTH, BENGALURU-560026. 2. SYED AFRIDI, S/O MR. ABDUL LATHIF, AGED 21 YEARS, R/O NO.39, 9TH MAIN ROAD, PADARAYANAPURA, BANGALORE SOUTH, BENGALURU-560026. 3. B. TUFAIL AHAMED, S/O MR. MAJIDUL REHMAN, AGED 23 YEARS, R/O NO.16/1/1, 9TH MAIN ROAD, PADARAYANAPURA, BANGALORE SOUTH, BENGALURU-560026. 4. AJMAL FINU P., AGED ABOUT 33 YEARS, S/O. MR. ASHRAF P., FIJA MANZIL, P.O-POKKUNNU, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 VALAYANADU, KOZHIKODE, KERALA-673007. …PETITIONERS (BY SRI. SHIJI BALASUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST CEN CRIME POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. KUTHURU NEHA REDDY, C/O LATE KUTHURU VENKAT REDDY, AGED ABOUT 24 YEARS, R/O. NO.102, BUILDING 624, 6TH A MAIN, INDIRANAGAR, BANGALORE-560038. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. ABHINAG S., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.14636/2025 ARISING OUT OF CRIME NO.774/2024 REGISTERED BY THE EAST CEN CRIME POLICE STATION, BENGALURU, PENDING ON THE FILE OF THE COURT OF XLV ADDL. CJM, BENGALURU CITY, IN SO FAR AS THE PRESENT PETITIONER (ACCUSED NO.1, 2, 3, 5) ARE CONCERNED, IN EXERCISE OF THE POWERS U/S. 528 OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.14636/2025, registered for the offences punishable under Sections 43, 66(C) and 66(D) of the Information Technology Act, 2000 and Sections 318(4), 336(3) read with Section 61 of the BNS, 2023. 2. Heard Sri. Shiji Balasubramanyam, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Abhinag S., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the joint memos along with an affidavit. The joint memo filed by petitioners and respondent No.2 reads as follows: - 4 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 “JOINT MEMO The Petitioners have paid to the Respondent No. 2/de facto Complainant a sum of Rs. 6,50,000/- by way of Demand Draft dated 23.07.2026, bearing No. 134454, drawn on Bank of Baroda, Mankavi, Kozhikode ("Demand Draft"), towards refund of part of the amounts debited from the bank account of Respondent No.2/de facto complainant and also towards compensation, as full and final settlement of the matter. In view of the foregoing, the Respondent No. 2/ de facto Complainant has no objections for grant of the petition qua the Petitioners. WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to take this memo on record, and allow the petition in terms hereof, in the interest of justice.” 4. Another joint memo filed by petitioners and respondent No.2 reads as follows: "JOINT MEMO The Petitioners seek to pay to the Respondent No. 2/ de facto Complainant a sum of Rs. 6,50,000/- by way of Demand Draft dated 23.07.2026, bearing No. 134454, drawn on Bank of Baroda, Mankavi, Kozhikode ("Demand Draft"), towards full and final settlement of the matter. Subject to realization of the aforesaid Demand Draft, the Respondent No. 2/ de facto Complainant has no objections for grant of the petition qua the Petitioners. WHEREFORE, in view of the above parties pray that this Hon'ble Court be pleased to take this memo on record, and allow the petition in terms hereof, in the interest of justice." - 5 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 5. The affidavit filed by respondent No.2 reads as follows "AFFIDAVIT I, Kuthuru Neha Reddy, daughter of Late Mr. Kuthuru Venkat Reddy, aged about 26 years, residing at No. 102, Building 624, 6th 'A' Main, Indiranagar, Bengaluru - 560 038 (Karnataka), do hereby solemnly state and affirm on oath as follows: 1. I am the Respondent No. 2/ de facto Complainant in the captioned matter, and I am personally conversant with the facts and circumstances of the case, besides being competent to depose to this affidavit. A self-attested copy of my Aadhar Card is appened hereto for the kind perusal of this Hon'ble Court. 2. Averments contained in my Complaint dated 27.09.2024 (at Annexure 'B') being true and correct in its entirety, are not repeated herein for the purpose of brevity and the same may be read as forming part hereof. 3. During the month of March, 2026 one of the Advocates said to be represent the Petitioners approached me, regarding a settlement in the matter. When I indulged her, she indicated to me that the Petitioners would pay to me a sum of Rs. 6,50,000/- (Rupees Six Lakhs Fifty Thousand only) towards refund of part of the amounts debited from my bank account and also towards compensation. 4. Although entire incident has caused me immense agony, mental trauma and hardship, to put a quietus to the dispute, I have accepted the settlement proposal and indicate no objections. WHEREFORE, I respectfully pray that this Affidavit be taken on record, and necessary orders as this Hon'ble Court deems fit, be passed, in the interests of justice. I, Kuthuru Neha Reddy, daughter of Late Mr. Kuthuru Venkat Reddy, the Respondent No. 2/ de facto Complainant do hereby - 6 - HC-KAR CNR: KAHC010513612026 NC: 2026:KHC:40324 CRL.P No. 11247 of 2026 verify and affirm the averments contained at Paragraphs 1 to 4 are the true to my best of knowledge, understanding, and belief." 6. The parties to the lis are present before the Court and are identified by their respective counsel. 7. In the light of joint memos along with an affidavit as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioners in the subject petition. 8. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.14636/2025 pending before the XLV Additional Chief Judicial Magistrate, Bengaluru City, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBCList No.: 2 Sl No.: 23