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2026 DAILYLAW 8543 (KAR)

DEEPAK BHARGAV v. STATE OF KARNATAKA

CRL.P/5381/2026 · 2026-04-08

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20253 CRL.P No. 5381 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5381 OF 2026 BETWEEN: DEEPAK BHARGAV S/O. BANWARI LAL AGED ABOUT 26 YEARS, HANUMAN DHORA SHANI MANDIR KE PASS, WARD NO. 15, SUJANGARH, POST- SUJANGARH, DISTRICT- CHURU, RAJASTHAN - 331 507. …PETITIONER (BY SRI. KALEEM SABIR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THILAKNAGAR POLICE STATION, BANGALORE CITY - 560 041, (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. 2. NASIMUNNISA, W/O. SYED RAHMATHULLA HUSENI, AGED ABOUT 52 YEARS, NO.1/26, 1ST MAIN, HUSSSAIN MASJID ROAD, SRK GARDEN, THILAKNAGAR 4TH T BLOCK, JAYANAGAR, BENGALURU CITY, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20253 CRL.P No. 5381 of 2026 KARNATAKA - 560 041. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SMT. SAIMA FATHIMA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE NOTICE U/S 35(3) OF BNSS ISSUED AGAINST THE PETITIONER IN CR.NO.4/2026 FOR THE OFFENCE P/U/S 66(C) AND 66(D) OF THE I.T ACT 2000 ON THE FILE OF THE HONBLE C.J.M BENGALURU, AS AN ABUSE OF PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: " Wherefore in light of the above facts and settled law, it is prayed that this Hon'ble Court may kindly be pleased to: a. Quash the Notice U/s. 35 (3) of BNSS issued against the Petitioner in Cr. No.04/2026 for offences under section 66 (C) and 66(D) of the IT Act, 2000 on the file of the Hon'ble Chief Judicial Magistrate, Bengaluru, as an abuse of process of law, and b. Quash the FIR initiated in Cr. No.04/2026 for offences under section 66 (C) and 66(D) of the IT Act, 2000 on the file of the Hon'ble Chief Judicial Magistrate, Bengaluru, and - 3 - HC-KAR NC: 2026:KHC:20253 CRL.P No. 5381 of 2026 c. Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the ends of justice" 2. Heard Sri.Kaleem Sabir, learned counsel appearing for the petitioner, Sri.Sowmya R, learned HCGP appearing for respondent No.1, Smt.Saima Fathima, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the subsistence of the proceedings, the parties to the lis have entered into a settlement and have settled the dispute by filing compounding application, Joint Memo, Joint Affidavit, drawing up certain terms of settlement. The Joint Affidavit filed by the parties to the lis reads as follows: - “JOINT AFFIDAVIT I, Deepak Bhargav, S/o. Banwari Lal, Aged about 26 years, Hanuman Dhora Shani Mandir Ke Pass, Ward no. 15, Sujangarh, Post- Sujangarh District- Churu, Rajasthan-331507, do hereby solemnly affirm and state on oath as follows: I, Nasimunnisa, W/o. Syed Rahmathulla Huseni, Aged about 52 years, No.1/26, 1st main, Husssain Masjid Road, SRK Garden, Thilaknagar 4th T block, - 4 - HC-KAR NC: 2026:KHC:20253 CRL.P No. 5381 of 2026 Jayanagar, Bengaluru City Karnataka-560041 do hereby solemnly affirm and state on oath as follows: 1. We both have arrived for a settlement with regard to the Cr. No.04/2026 for offences under section 66 (C) and 66(D) of the IT Act, 2000 on the file of the Hon'ble Chief Judicial Magistrate, Bengaluru. 2. We state that, we are well aware conversant with the facts of the case hence we are swearing to this Joint Affidavit. 3. We state that the averments made in para No.1 to 5 of the application and joint memo are true and correct to the best of our knowledge, information and belief." 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of the settlement arrived at between the parties notwithstanding the fact that the offences alleged is the one punishable under sections 66 (C) and 66(D) of the IT Act, 2000 and for the reason that the dispute has been settled, I deem it appropriate to accept the Compounding application, Joint Memo and Joint Affidavit and close the proceedings against the petitioner-accused. - 5 - HC-KAR NC: 2026:KHC:20253 CRL.P No. 5381 of 2026 6. For the aforesaid reasons, the following: O R D E R [I] Criminal Petition is disposed. [II] Proceedings in Crime No. 4/2026 pending before the Chief Judicial Magistrate, Bengaluru, qua the petitioner, stand quashed. [III] In the light of the settlement arrived at between the parties and the closure of the present proceedings, the Investigating Officer shall direct the concerned bank to defreeze the account and permit operation of the account as it stood prior to the registration of the crime. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 123 CT:BHK