Criminal Petition No. 3531 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.3531 OF 2023 C/W CRIMINAL PETITION NOS.3504 OF 2023, 3520 OF 2023, 3529 OF 2023 & 3872 OF 2023 IN CRL.P No.3531/2023 BETWEEN: SUDHEER C.S. S/O C.S. SURENDRA AGED ABOUT 37 YEARS R/AT D-702, SPRING FIELDS APARTMENTS, JAYANAGAR HOUSING SOCIETY LAYOUT, BENGALURU - 560 0601. ALSO RESIDING AT: C.E.O., INDIAN MONEY, FREEDOM APP COMPANY BSK 2ND STAGE, BENGALURU - 560 085.
Legal Reasoning
abuse of process of law warranting interference by this Court in the present petitions.
Arguments
(BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BANASHANKARI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. 2. SUNIL C. S/O CHIKKARAJU Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka …PETITIONER - 2 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 AGED ABOUT 25 YEARS, R/AT NO.3, 'SOWPARNIKA KRUPA', GROUND FLOOR, 15TH CROSS, E.W.S. COLONY, BTM II STAGE BENGALURU - 560 076. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. IN CRIME NO.110/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 406, 409, 420 AND 34 OF THE INDIAN PENAL CODE. IN CRL.P NO.3504/2023 BETWEEN: SUDEER CHIKKALI SURENDRA S/O C.S. SURENDRA AGED ABOUT 37 YEARS, R/AT D-702, PIDE SPRING FIELDS APARTMENTS, JAYANAGAR HOUSING SOCIETY LAYOUT, BENGALURU - 560 061. ALSO RESIDING AT: SUVISION HOLDINGS PVT. LTD., BRIGADE SOFTWARE PARK, BSK 2ND STAGE BENGALURU - 560 085. (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, ...PETITIONER - 3 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 HIGH COURT BUILDING BENGALURU - 560 001. 2. SHAILAJA C.N. D/O NIRVANAIAH AGED ABOUT 23 YEARS, R/AT NO.94, 5TH CROSS, KODICHIKKANAHALLI MAIN ROAD, BILEKALLI, BENGALURU - 560 076. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. IN CRIME NO.113/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, COURT, BENGALURU CITY REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420 AND 34 OF THE INDIAN PENAL CODE. IN CRL.P NO.3520/2023 BETWEEN: SUDEER CHIKKALLI SURENDRA S/O C.S. SURENDRA, AGED ABOUT 37 YEARS, R/AT SPRING FIELDS APARTMENTS, JAYANAGAR HOUSING SOCIETY LAYOUT, BENGALURU - 560 061. ALSO RESIDING AT: MANAGING DIRECTOR SUVISION HOLDINGS PVT LTD, BRIGADE SOFTWARE PARK, BSK 2ND STAGE BENGALURU - 560 085. (BY SRI. RAJASHEKAR S., ADVOCATE) ...PETITIONER - 4 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 AND: 1. STATE OF KARNATAKA BANASHANKARI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MOHAMMED THOUSIF D/O JILAN PASHA, AGED ABOUT 20 YEARS, R/AT NO.262, KUMBAR ROAD BALLARI FUNCTION HALL KOWL, BAZAR, BALLARI, KARNATAKA - 583 102. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. IN CRIME NO.112/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420 AND 34 OF THE INDIAN PENAL CODE. IN CRL.P NO.3529/2023 BETWEEN: SUDEER CHIKKALLI SURENDRA S/O C.S. SURENDRA AGED ABOUT 37 YEARS, R/AT SPRING FIELDS APARTMENTS, JAYANAGAR HOUSING SOCIETY LAYOUT, BENGALURU - 560 061. ALSO RESIDING AT: MANAGING DIRECTOR SUVISION HOLDINGS PVT. LTD., - 5 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 ...PETITIONER BRIGADE SOFTWARE PARK, BSK 2ND STAGE, BENGALURU - 560 085. (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BANASHANKARI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. ARCHANA B.G. D/O MR. GANESH B.T. R/AT NO.107, VALAGUNDA DODDAMOLATHE HANKODU, SOMWARA PETE, KODAGU - 571 236. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT V/O DATED 17.02.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. IN CRIME NO.114/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420 AND 34 OF THE INDIAN PENAL CODE. IN CRL.P NO.3872/2023 BETWEEN: SUDEER CHIKKALLI SURENDRA S/O C.S. SURENDRA AGED ABOUT 37 YEARS, R/AT SPRING FIELDS APARTMENTS, - 6 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 ...PETITIONER JAYANAGAR HOUSING SOCIETY LAYOUT, BENGALURU - 560 061. ALSO RESIDING AT: SUVISION HOLDINGS PVT. LTD., BRIGADE SOFTWARE PARK, BSK 2ND STAGE, BENGALURU - 560 085. (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BANASHANKARI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. ARPITHA A. D/O ABHISHEK S. AGED ABOUT 24 YEARS, R/AT NO.642, 3RD MAIN ROAD, KENGERI UPANAGARA, BENGALURU - 560 060. ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. IN CRIME NO.111/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU CITY REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 409, 420 AND 34 OF THE INDIAN PENAL CODE. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 7 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 ORAL ORDER In these petitions, the petitioner is seeking to quash the F.I.Rs registered against him in Crime Nos.110/2023, 113/2023, 112/2023, 114/2023 and 111/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.2-State and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is the Chief Executive Officer / Managing Director of the Suvision Holdings Pvt..Ltd., instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioner and his Company. Subsequently, the respondent No.2-complainants, who are non other than the employees of the petitioner, have resigned from the company of the petitioner and filed the instant complaints alleging that the petitioner was guilty of offences punishable under Sections 120B, 406, 409, 420 read with Section 34 of the Indian - 8 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 Penal Code. In this context, perusal of the averments made in the complaints in the light of earlier civil dispute in Original Suit No.919 of 2023 in respect of the Mobile App called "Financial Feedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioner are not forthcoming in the complaints; on the other hand, having suffered the grant of Temporary Injunction in Original Suit No.919 of 2023, the defendants 1 and 2 in the said suit appears to have instigated the respondent No.2-complainants who are non other than the ex-employees of the petitioner in filing the instant complaints. Therefore, I am of the considered opinion that the impugned proceedings based on the complaints containing vague and bald allegations without sufficient material would amount to
Decision
4. In the result, I pass the following: O R D E R 1) Criminal Petitions are allowed; 2) The impugned F.I.Rs in Crime Nos.110/2023, 113/2023, 112/2023, 114/2023 and 111/2023 - 9 - NC: 2025:KHC:7012 CRL.P NO.3531 OF 2023 C/W & OTHERS CRL.P NOS.3504 OF 2023 registered by the Banashankari Police Station, Bengaluru against the petitioner pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 2 Sl No.: 3