IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION No.7587 OF 2019 BETWEEN:
1. Ravi Hegde, Aged 40 years, Father’s name not know, C/o Asianet News Network Private Limited, No.36, Crescent Road, Editor in Chief Suvarna News, Bangalore-560 001.
2. Ajit Hanumakkanavar, Aged 40 years, Father’ name not known, C/o Asianet News Network Private Limited, No.36, Crescent Road, Head, News & Program, Suvarna News, Bangalore-560 001.
3. Shobha M.C., Aged 38 years, Fathers name not known C/o Asianet News Network Private Limited, No.36, Crescent Road, Out put Editor, Suvarna News, Bangalore-560 001.
4. Avinash H.S., Aged 39 years, Fathers name not known C/o Asianet News Network Private Limited, No.36, Crescent Road, Editor, Special Operation, Suvarna News, Bangalore-560 001. …Petitioners (Sri.S.Sudharshan, Advocate) AND 1. State of Karnataka, By Cyber Crime Police Station, Bangalore-560 001.
Rep. by State Public Prosecutor, High Court, Bangalore-01.
2. Mr. Tiji T Joy, Aged major, Senior Manager Legal, TV 18 Broadcast Limited, 4th Floor, Silver Jublee Block, Mission road, 3rd Cross, Bengaluru-560 0217. …Respondents (Sri.R.D.Renukaradhya, HCGP, for R1: Smt.P.V.Kalpana, Advocate for R2.) This criminal petition is filed under Section 482 of Cr.P.C. praying to quash the FIR dated:03.12.2018 bearing Cr.No.4523/2018 pending on the file of I Addl. C.M.M. Bengaluru registered by Cyber Crime Police Station, Bengaluru.
This petition, coming on for admission, this day, the Court made the following:
O R D E R Learned State Counsel accepts notice for the first respondent. Smt.P.V.Kalpana has filed vakalath for the second respondent.
With the consent of the parties, the matter is taken up for final disposal.
2. Petitioners have sought the following reliefs:
(a) Call for the records in Crime No.4523/2018 pending on the file of the 1st Additional Chief Metropolitan Magistrate Court, Bangalore;
(b) Quash the FIR dated 03.12.2018 (Annexure-B) bearing Crime No.4523/2018 pending on the file of 1st ACMM, Bengaluru registered in Cyber Crime Police Station, Bengaluru.
(c) Pass any such other order(s) as this Hon’ble Court may deem fit and proper in the facts of the case in the interests of justice and equity.
3. During pendency of the criminal proceedings for the offences punishable under Sections 34, 120-B, 109, 420 IPC r/w. Sections 66 and 66 C of the Information Technology Act, 2000, parties have entered into settlement among themselves to that extent. A copy of the settlement is dated 11.09.2019.
4. In terms of the settlement dated 11.09.2019 (Annexure-C), proceedings initiated against the petitioners on behalf of the second respondent with reference to FIR dated 03.12.2018 r/w. Crime No.4523/2019 which is pending on the file of the 1st Addl. CMM Court, Bengaluru is set aside.
Petition stands allowed.
Sd/- JUDGE cm/-