Mr Gopan Gopinath Pillai Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Mr Gopan Gopinath Pillai Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of the Joint Memo dated 12.06.2025; the complaint/FIR in Crime No.593/2024 of Marathahalli Police Station (Sections 316(2), 318(4), 336(3) BNS) pending before the III Additional Chief Metropolitan Magistrate, Bengaluru, is quashed in relation to the petitioner. The Joint Memo additionally prayed for quashing of the notice dated 24.10.2024 under Section 35(3) BNSS, but the operative order expressly records only the quashing of the FIR.

Issue for consideration

Whether the impugned FIR in Crime No.593/2024 registered with respondent No.1 Marathahalli Police Station for offences punishable under Sections 316(2), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023 should be quashed. +1 more

Court's answer

The complaint/FIR in Crime No.593/2024 of Marathahalli Police Station, registered for offences punishable under Sections 316(2), 318(4) and 336(3) of BNS and pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, is quashed in relation to the petitioner.

Ratio / Principle

In view of the settlement entered into between the petitioner (accused) and respondent No.2 (complainant), the petition is disposed of in terms of the Joint Memo dated 12.06.2025 taken on record.

Detailed headnote1 paragraphs

Criminal Petition No. 12141 of 2024 (filed under S.482 Cr.P.C. / S.528 BNSS) before the High Court of Karnataka at Bengaluru (Justice S.R. Krishna Kumar, 12.06.2025): petitioner Gopan Gopinath Pillai sought quashing of the FIR in Crime No.593/2024 dated 23.10.2024 registered by Marathahalli Police Station for offences under Sections 316(2), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023, pending before the III Additional Chief Metropolitan Magistrate, Bengaluru (Annexure-A), and of a notice dated 24.10.2024 issued under Section 35(3) of the BNSS. Per the Joint Memo, the complaint was described as arising out of civil disputes concerning directors and shareholders of TecQubes Technologies India Private Limited; during pendency the parties settled their disputes fully and finally outside court. The Joint Memo duly signed by the petitioner, respondent No.2 (complainant Joy Poulose Payyappilly) and their counsel was taken on record and its contents admitted by the parties present in Court. Held: the petition is disposed of in terms of the Memo dated 12.06.2025 and the complaint/FIR in Crime No.593/2024 is quashed in relation to the petitioner.

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NC: 2025:KHC:20268 CRL.P No. 12141 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12141 OF 2024 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MR. GOPAN GOPINATH PILLAI, S/O MR. T. M. GOPINATHA PILLAI, AGED ABOUT 42 YEARS, RESIDING AT B-1403, DNR ATMOSPHERE, RAMAGONDAHALLI, WHITEFIELD MAIN ROAD, WHITEFIELD, BANGALORE – 560 066

…PETITIONER

(BY SRI. ANNAPOORNA S., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001

Digitally signed by CHANDANA B M

Location: High Court of Karnataka

MR. JOY POULOSE PAYYAPPILLY, SON OF MR. P. PAYYAPPILLY DEVASSY AGED ABOUT 56 YEARS, RESIDING AT NO.207, JANA JEEVA SILVER PALM, AMBALIPURA GRAMA, BELLANDUR, BENGALURU – 560 102

…RESPONDENTS

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. N. CHANDRASHEKAR, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED FIR IN CRIME NO.593/2024 REGISTERED WITH THE RESPONDENT NO.1 MARATHAHALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 316(2), 318(4) AND 336(3) OF THE BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF III

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NC: 2025:KHC:20268 CRL.P No. 12141 of 2024

HC-KAR

ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following relief:-

“ a) Quash the impugned FIR in Crime No.593/2024 registered with the respondent No.1 Police Station – Marathahalli Police, for the offences punishable under Sections 316(2), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-A.

b) Quash the impugned notice dated 24.10.2024 issued under Section 35(3) Bharatiya Nyaya Suraksha Sanhita, 2023 to the petitioner in Crime No.593/2024.

c) Issue such other direction/s or order/s, having regard to the facts and circumstances of the case, in the interest of justice and equity.”

Learned counsel for the petitioner – accused and

learned counsel for 2^nd respondent – complainant have filed a Joint Memo duly signed by the petitioner, 2^nd respondent and their respective counsel and the same is taken on record.

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NC: 2025:KHC:20268 CRL.P No. 12141 of 2024

HC-KAR

Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-

“ MEMO

The Petitioner in the above matter respectfully submits as hereunder:

1. The Petitioner has filed the above Criminal Petition No. 12141/2024 (the "Petition") seeking to quash the impugned First Information Report (the "FIR") dated 23.10.2024 in Crime No. 0593/2024 filed by one Mr. Joy Poulose and the impugned Notice issued under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 24.10.2024 by Respondent No. 1 for offences under Sections 316 (2), 318(4) and 336 (3) of the Bharatiya Nyaya Sanhita, 2023.

2. The above Petition for quashing is filed since the complaint is nothing more than a counterblast and in respect of civil disputes in respect of the directors and shareholders of the Company, TecQubes Technologies India Private Limited, and their family and friends. During the pendency of the said Petition, the parties have settled the disputes between themselves, fully and finally outside court and therefore are jointly before this Hon'ble Court seeking to quash the Petition.

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NC: 2025:KHC:20268 CRL.P No. 12141 of 2024

HC-KAR

WHEREFORE, it is respectfully prayed before this Hon'ble Court that it may be pleased to allow the Criminal Petition No. 12141/2024 and quash the FIR dated 23.10.2024 in Crime No. 0593/2024 and the Notice issued under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 24.10.2024 in the interest of justice and equity.”

In view of the aforesaid settlement entered into

between the petitioner and 2^nd respondent, I pass the following:

ORDER

(i) The petition is disposed of in terms of Memo

dated 12.06.2025.

(ii) The Complaint / FIR in Crime No.593/2024 of Marathahalli Police Station registered for the offences punishable under Sections 316(2), 318(4) and 336(3) of BNS pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, in relation to the petitioner, are

hereby quashed.

Sd/(S.R.KRISHNA KUMAR) JUDGE

MDS List No.: 4 Sl No.: 1