Kiran Kumar Cb Vs State of Karnataka by Psi

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN CR.NO.215/2022, CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.1070/2023 REGISTERED BY THE RESPONDENT NO.1 DAVANAGERE EXTENSION PENDING BEFORE THE LEARNED II ADDL.CIVIL JUDGE AND J.M.F.C AT DAVANAGERE FOR THE OFFENCE P/U/S 78(A)(vi) OF KARNATAKA POLICE ACT IN SO FAR AS PETITIONER IS CONCERNED.

¶22

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

¶23

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶24

ORAL ORDER

¶25

The proceedings in C.C.No.1070/2023 on the file of the Court of II Additional Civil Judge and JMFC at Davangere, are sought to be quashed in this petition.

¶26

FIR is registered in Crime No.215/2022 at Davangere Extension Police Station, Davanagere, against accused Nos.1 to 4, for the offence punishable under

¶27

3 -

¶28

NC: 2025:KHC:52139 CRL.P No. 12459 of 2025

¶29

HC-KAR

¶30

Section 78(A)(vi) of the Karnataka Police Act, 1963 and

¶31

Section 506, 420 read with Section 34 of IPC.

¶32

The defacto complainant, respondent No.2 has alleged that the accused have induced him to indulge in cricket betting through mobile App and he lost several lakhs of rupees and thus the accused have cheated him etc.

¶33

The allegations against the petitioner, arraigned as accused No.1 is that he instigated the complainant to indulge in cricket betting and along with accused No.2 by name Chetana, installed a cricket App in his mobile phone and asked him to login to the said App by providing password and received a sum of Rs.1,00,000/- from him. Thereafter, the complainant lost more than Rs.3,00,000/-, which amount he paid to one Kishore i.e., accused No.5. Further allegations are that on 23.10.2022, the complainant lost a sum of Rs.80,000/- in the cricket betting and the petitioner herein informed him to pay the said amount to his brother, accused No.5 etc.

¶34

4 - NC: 2025:KHC:52139 CRL.P No. 12459 of 2025

¶35

HC-KAR

¶36

The FIR though registered against four named

¶37

accused, charge sheet came to be filed against the petitioner and another accused by name Kishore, to whom the complainant is said to have given the amount. During investigation, a sum of Rs.7,00,000/- was recovered from accused No.5. No amount was recovered from the petitioner, except a notebook. The entire allegations against the petitioner is based on the statement of the complainant, whereas it is submitted that the petitioner and the complainant have now resolved the dispute and they have settled the matter.

¶38

A joint affidavit of settlement is filed, signed by the petitioner, respondent No.2 / defacto complainant as well as the learned counsel appearing for them. It is stated that the dispute between the parties has been resolved to

¶39

buy peace and to maintain harmonious relationship between the parties. Therefore, the parties i.e., both accused and the complainant have come forward to settle

¶40

5 -

¶41

NC: 2025:KHC:52139 CRL.P No. 12459 of 2025

¶42

HC-KAR

¶43

the dispute inter-se existing between them once and for

¶44

all.

¶45

Petitioner as well as respondent No.2 are present before the Court. They are identified by the learned counsel appearing for them. Respondent No.2 / defacto complaint submits that the matter has been settled and therefore he has no objection to quash the proceedings against the petitioner.

¶46

This Court is of the opinion that there is no sufficient material against the petitioner to proceed against him, in addition to that, the complainant has come forward reporting settlement. The parties have filed joint affidavit, hence, no purpose will be served in keeping the proceedings pending against the petitioner. Joint affidavit of settlement is placed on record.

¶47

In the facts and circumstances, the inherent jurisdiction can be exercised to quash the proceedings. Accordingly, the following:-

¶48

6 -

¶49

NC: 2025:KHC:52139 CRL.P No. 12459 of 2025

¶50

HC-KAR

¶51

ORDER

¶52

i) The petition is allowed .

¶53

ii) The entire proceedings, insofar as the petitioner, in C.C.No.1070/2023, pending before the Court of II Second Additional Civil Judge and JMFC at Davanagere, are quashed.

¶54

I.A.No.1/2025 is disposed of.

¶55

Sd/(MOHAMMAD NAWAZ) JUDGE

¶56

LDC List No.: 1 Sl No.: 67

Kiran Kumar Cb v. State of Karnataka by Psi

Case brief

What is this about?

What did the court decide?

Kiran Kumar Cb v. State of Karnataka by Psi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Anitha F Dsouza Vs State of Karnataka

Sri. Harish. R Vs State of Karnataka

Sri. Sachin Kumar R. @ Sachin Vs State by Sanjaynagar Police

Smt. Hemavathi Vs State by Jalahalli Police Station

Mr. Nagaraj C R Vs the State of Karnataka

Sri Lokesh Alias Anne Lokesh Vs the State of Karnataka