AURANG BAIG v. STATE BY CYBER CRIME POLICE STATION, BENGALURU CITY, BENGALURU

Digitally signed by NAGAVENI Location: High Court of Karnataka

DEEPAK.S @ SAKTHIVEL DEEPAK S/O SAKTHIVEL AGED ABOUT 34 YEARS PERMANENT RESIDENT OF SLC16 NORTH HOUSING UNIT, SELVAPURAM COIMBATORE NORTH, COIMBATORE, TAMIL NADU - 641 026 (BY SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. MOHAN KUMAR B M., ADVOCATE) …PETITIONERS - 2 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR AND:

1. STATE BY CYBER CRIME POLICE STATION, BENGALURU CITY, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001

2. MR. RAGHUNATHACHARI.P AGED ABOUT 52 YEARS S/O LATE CHINNAPPA MAJOR, NO.30, 2ND MAIN, 2ND CROSS VENKATAPPA LAY-OUT, YELAHANKA, BENGALURU- 560 064 (BY SRI. K. NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. ABHISHEK N.N., ADVOCATE FOR RESPONDENT NO.2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED

14.06.2024 AND FIR IN CRIME NO.25/2024 REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE ALLEGED OFFENCES UNDER SECTIONS 419 AND 420 OF IPC AND SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2000 AND QUASH THE ENTIRE CHARGE SHEET IN CC.NO.34909/2025 AND WHICH IS NOW IN ON THE OF HONBLE COURT OF XLV ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU FOR THE ALLEGED - 3 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR OFFENCES UNDER SECTIONS 419 AND 420 OF THE IPC AND SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2000. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before the Court calling in question proceedings in C.C. No.34909/2025 pending on the file of the XLV Additional Chief Judicial Magistrate, Bengaluru.

2. Heard the learned Senior counsel, Sri Vivek Subba Reddy appearing for the petitioners, Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1 and Sri Abhishek N.N., learned counsel for respondent No.2.

3. During the subsistence of the proceedings, the parties to the lis have settled the dispute amongst themselves by drawing up certain terms and conditions and have filed an application seeking compounding of the offences with - 4 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR supporting affidavit insofar as accused Nos.13, 17 and 18 are concerned, as they are the petitioners in the case at hand. The affidavit reads as follows: "1) The Petitioners have filed the instant petition inter alia seeking quashing of the Complaint dated 14.06.2024 and FIR in Crime No. 25/2024 registered by the 1st the alleged offences under Respondent Police Sections, 419 & 420 of IPC and Sections 66 (C) and 66 (D) of IT Act, 2000 and also quash the charge sheet in CC No.34909/2025 as against the Petitioners which is now pending on the of Hon'ble Court of XLV Additional Chief Judicial Magistrate Court at Bengaluru for the alleged offences under Sections, 419 & 420 of the IPC and Sections 66 (C) and 66 (D) of IT Act 2000; inter alia for the reasons that the Petitioners have not committed any acts which requires prosecution for the alleged offences punishable under Sections, 419 & 420 of IPC and Sections 66 (C) and 66 (D) of IT Act and the material collected by the 1st Respondent Police till date prima-facie does not the commission of offences by the Petitioners and further most importantly the De-facto Complainant/ Respondent No.2 has no objection for quashing of the case in Crime No.0235/2016 and CC No.34909/2025 in so far as the Petitioners are concerned and further both the Petitioners and the 2nd Respondent have filed necessary application under Section 320(1) of Cr.P.C/Section 359 of BNSS read with Section 77 A of the IT Act, 2000 read with Section 482 of Cr.P.C/ Section 528 of BNSS along with affidavits of both the Petitioners and the 2nd Respondent.

The facts narrated and grounds urged in the main Petition may be read as part and parcel of this Application to avoid repetition. 2) The Petitioners submit they are the directors in Poltergeist Pay Technologies Pvt Ltd and further submit that they or Poltergeist Pay Technologies Pvt Ltd not illegal acts which require criminal committed any prosecution. It is submitted that the 2nd Respondent/ De-Facto 3) Complaint in his Complaint clearly mentioned he used - 5 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR IMPS or RTGS to transfer payment to direct bank transfer without any aggregator or using any payment links, thus it clear that Complainant never used GCDS dashboard or Poltergeist pay payment links to make the payment and also Poltergeist Pay Technologies has not received any money in any layer of payments. Therefore, there are not specific allegation against the Petitioners/Accused No.13, 17 and 18 or Poltergeist Pay Technologies Pvt Ltd.

4) The Petitioners/ Accused No.13, 17 and 18 have not received any amount or money from the Accused persons named in Crime No.25/2024 or any other amounts apart from whatever disclosed by them in their income tax returns and Form No.16. The Respondent No.1 Police have implicated the above-named persons as accused only on the ground that they are the directors of Poltergeist Pay Technologies Private Limited. The essential ingredients of alleged offences do not attract as against the Petitioners. their name The Petitioners submits 5) is not mentioned either in the Complaint or in the FIR in Crime No. 0025/2024. The Accused No.13, 17 and 18 submit that Complaint /FIR do not contain the essential ingredients of the alleged offence punishable under Sections 419, 420 of IPC and Section 66 (C) and 66 (D) of IT Act as against them. 6) It is the case of the Complainant Police that during the course of the investigation, they arrested the Accused No.

5 to 8 and further claims that based on the alleged information provided by them, the Police have included other Accused persons in the matter. Based on the alleged information provided by other Accused persons, the Respondent No.1 Police have implicated the directors of Poltergeist Pay Technologies Private Limited as Accused persons without any prima-facie material or evidence and the above named Petitioners are arrayed Accused No. 13, 17 and 18 only on the ground that they are the directors of Poltergeist Pay Technologies Private Limited. 7) The 2nd Respondent De-Facto Complainant completed M.Sc. (Agri)., Ph.D., and presently working as Principal Scientist in a private company at Bengaluru. 2nd Respondent/ De-Facto Complainant after reading the - 6 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR entire charge sheet material, understood that the Petitioners have not in the above case. involved Thereafter, on intervention of mediators and well-wishers, the 2nd Respondent De-Facto the Petitioners and Complainant have reached an amicable settlement of the matter, agreed and prepared to compromise the above.

The 2nd Respondent/ De-Facto Complainant 8) confirms that in view of the settlement arrived at between him and the Petitioners, there are no subsisting disputes between them i.e., the Petitioners and the 2nd Respondent with respect to above case on entirety. The 2nd Respondent/De-Facto Complainant acknowledges that the dispute between the Petitioners and him has been mutually resolved and the 2nd Respondent/ De-Facto Complainant does not wish to prosecute the case in CC No.34909/2025 (Crime No.25/2024) as against the Petitioners/ Accused No.13, 17 and 18. The De-Facto Complainant hereby confirms that he has no claims, demands, and disputes whatsoever, whether known or unknown, against the Petitioners. The Petitioners/ Accused No.13, 17 and 18 9) expressly agree and undertake that they shall not initiate, institute, file, or pursue, directly or indirectly, any civil, criminal, or any proceedings or complaints against the 2nd Respondent/De-Facto Complainant for mental harassment or any other claim whatsoever.

10) Further, the 2nd Respondent/ De-Facto Complainant confirm that he does not have any objection for the compounding of case in CC No.34909/2025. That the compromise would lead to bright future and prospectus of both the 2nd Respondent and the Petitioners and it will promote a good relationship between them. 11) The 2nd Respondent/De-Facto Complainant has also entered appearance in the matter through his advocates and filed its separate affidavit in support of the instant application and Petition and confirmed it has no-objection to this allow Application and the Petition. 12) The 2nd Respondent/De-Facto Complainant/ Victim hereby confirms that he has filed affidavit in support of the case of the Application and also for compromise - 7 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR petition out of free and voluntary will and accord and there is no undue influence or force on him from any third parties and or between them. to grant permission 13) That it is a fit case where this Hon'ble Court may be pleased to compromise and compound the case under Section 320 of Cr.

P.C/ Section 359 of BNSS read with Section 77A of the IT Act. No prejudice will be caused to anyone including the prosecution. It is further submitted that the offences alleged offences under Sections 419, 420 of IPC and Section 66 (C) and 66 (D) of IT Act, 2000 are compoundable. PRAYER the aforesaid WHEREFORE, In view of facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased to permit the Petitioners and the 2nd Respondent to compound case in CC No.34909/2025 (Crime No.25/2024) for the alleged offences Sections 419, 420 of IPC and Section 66 (C) and 66 (D) of IT Act, 2000 by allowing the instant Application and to pass any other or further order(s) as this court may deem fit and proper in the facts and circumstances of the above case, in the interest of justice.”

In the light of the offences being the ones punishable under Sections 419 and 420 of the Indian Penal Code, 1860 and Sections 66C and 66D of the Information Technology Act, 2000, I deem it appropriate to accept the affidavit seeking permission to compound the offences, and obliterate proceedings against the petitioners. - 8 - NC: 2026:KHC:1141 CRL.P No. 16266 of 2025 HC-KAR

For the aforesaid reasons, the following: ORDER (i) The petition stands disposed. (ii) The proceedings in C.C.No.34909/2025 pending on file of the XLV Additional Chief Judicial Magistrate, Bengaluru, qua the petitioners, stands quashed. (iii) It is made clear that the quashment of these proceedings on compounding of the offences, would not enure to the benefit of any other accused in the said proceedings. Sd/- (M.NAGAPRASANNA) JUDGE SMA List No.: 1 Sl No.: 36