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2026 DAILYLAW 33060 (KAR)

ARBAZULLA SIDDIQUI, v. STATE OF KARNATAKA

CRL.P/9969/2025 · 2026-07-31

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 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. 9969 OF 2025 BETWEEN: ARBAZULLA SIDDIQUI, S/O RAHIM ULLA, AGED ABOUT 28 YEARS, R/A NO.34/B, JAMIYA MASJID ROAD, WARD NO. 13, BANNUR TOWN, T NARASIPURA TALUK, BANNUR (RURAL), MYSORE - 571101. …PETITIONER (BY SRI. ADARSHA R, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY EAST CEN CRIME PS, BANGALORE, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. KUTHURU NEHA REDDY, D/O KUTHURU VENKATA REDDY, AGED ABOUT 25 YEARS, R/A FLAT NO.102, BUILDING NO.624, 6TH A MAIN, INDIRANAGAR, BANGALORE - 560038. MOBILE: 8790192401, e-mail: kuthurunehareddy@gmail.com …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.14636/2025 (IN CR.NO.774/2024) NOW PENDING ON THE FILE OF THE HON'BLE XLV ACJM, BENGALURU FOR THE OFFENCE P/US/ 43, 66(C), 66(D) OF IT ACT, 2000 AND SEC.318(4), 336(3), 61 OF THE BNS 2023 INITIATED BY THE 1ST RESPONDENT/EAST CEN POLICE STATION AS AGAINST THE PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-accused No.4 is before this Court seeking the following prayers: "a) Call for the entire records in CC.No.14636/2025 (in Crime No.774/2024) now pending on the file of Hon'ble XLV Addl. Chief Judicial Magistrate, Bangalore for the offence punishable under sections 43, 66(C), 66(D) of IT Act, 2000 and 318(4), 336(3) and 61 of the BNS, 2023 initiated by the 1st Respondent/East CEN PS. b) Quash the entire criminal proceedings in CC No.14636/2025 (in Crime No. 774/2024) now pending on the file of Hon'ble XLV Addl. Chief Judicial Magistrate, Bangalore for the offence punishable under sections 43, 66(C), 66(D) of IT Act, 2000 and 318(4), 336(3) and 61 of the BNS, 2023 initiated by the 1st Respondent/East CEN PS as against the Petitioner is concerned. - 3 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 c) Pass such other relief/reliefs as this Hon'ble court deems fit in the facts and circumstance of the present case in the interest of justice and equity." 2. Heard Sri. Adarsha. R, learned counsel appearing for the petitioner, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. During the pendency of the proceedings, in Crl.P.No.11247/2026, 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: “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. - 4 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 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. In Crl.P.No.11247/2026, 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. In Crl.P.No.11247/2026, 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. - 5 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 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 verify and affirm the averments contained at Paragraphs 1 to 4 are the true to my best of knowledge, understanding, and belief." 6. In Crl.P.No.11247/2026, the parties to the lis are present before the Court and are identified by their respective counsel. In this case also, the complainant is one and the same, the Crime No.774/2024 and the C.C.No.14636/2025 is one and the same and the learned counsel appearing for the complainant submits that the matter has been settled in - 6 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 Crl.P.No.11247/2026 and states that the matter is settled qua this petitioner and does not wish to prosecute the petition against the present petitioner-accused No.4 and seeks for quashment of the proceedings qua the petitioner-accused No.4. In this case also, the petitioner is present before the Court and identified by his counsel. The complainant is also present before the Court. 7. In the light of joint memos along with an affidavit as quoted supra being filed in Crl.P.No.11247/2026 and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the present petitioner 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 (in Crime No.774/2024), pending before the XLV Addl. Chief - 7 - HC-KAR CNR: KAHC010456332025 NC: 2026:KHC:40391 CRL.P No. 9969 of 2025 Judicial Magistrate, Bengaluru, stands quashed qua the petitioner-accused No.4. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 4 Sl No.: 13