Brainly INDIA Private Limited vs. State Of Karnataka
Facts
The petitioners, Brainly India Private Limited and Mr. Alakiri K A, filed a writ petition seeking to quash an FIR registered by the Cubbon Park Police Station. The FIR was lodged by the second respondent, Mr. Adnan Ahmad Siddiqui, on behalf of Awfis Space Solutions Pvt. Ltd. The second respondent alleged that the petitioners unilaterally cancelled a service agreement entered into on January 31, 2022, with the intent to defraud him. The FIR was registered for offences under Sections 406, 420, and 425 read with Section 120-B of the Indian Penal Code, 1860. The dispute involved a service agreement and related payments, including GST.
Held
The Court held that although the offences alleged were cognizable and non-compoundable, the writ petition should be allowed. This decision was based on the fact that the parties had amicably resolved their dispute and had filed a Memorandum of Settlement. The second respondent, who was present in court, acknowledged receipt of Rs. 3 Crore 70 Lakh as full and final settlement and stated he had no objection to the quashing of the FIR. The Court reasoned that continuing the investigation would be a futile exercise and an abuse of the process of law, given the settlement and the unlikelihood of a charge sheet being filed. Therefore, the FIR was quashed. The operative direction was to quash the FIR in its entirety.
Key Issues
1. Whether the First Information Report (FIR) in Crime No.18/2023, registered by the Cubbon Park Police Station for offences under Sections 406, 420, and 425 read with Section 120-B of the Indian Penal Code, 1860, should be quashed, considering the settlement between the parties. Petitioner's contention: The petitioners sought to quash the FIR, arguing that the dispute was civil in nature and had been amicably resolved through a settlement agreement. They relied on the fact that the second respondent had no objection to the quashing of the FIR. Revenue/State's contention: The judgment does not record any specific arguments from the State (Respondent No. 1) regarding the quashing of the FIR. However, the Court acknowledged that the alleged offences are cognizable and non-compoundable.
Sections Cited
Section 406, Section 420, Section 425, Section 120-B
AI-generated summary — verify with the full judgment below
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NC: 2023:KHC:35667 WP No. 5961 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5961 OF 2023 (GM-RES) BETWEEN:
BRAINLY INDIA PRIVATE LIMITED REGISTERED OFFICE AT, WE WORK GALAXY, 43, RESIDENCY RD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU 560 025, REP BY ALAKIRI K A, DIRECTOR, THE REGISTER UNDER COMPANY'S ACT 2013. 2. MR ALAKIRI K A SON OF K ASAITHAMBI, AGED ABOUT 35 YEARS, RESIDING AT 610, CLAYTON PARK, FLOOR F1, 1ST C MAIN, 1ST CROSS, DOMLUR LAYOUT, BANGALORE 560 071. …PETITIONERS (BY SRI. SANDESH J CHOUTA, SENIOR COUNSEL FOR MS. SAMRIDDHI SHUKLA, ADVOCATE)
AND:
STATE OF KARNATAKA THROUGH CUBBON PARK, POLICE STATION, REP. BY THE LD. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT BENGALURU 560 001. 2. MR ADNAN AHMAD SIDDIQUI ON BEHALF OF AWFIS SPACE SOLUTIONS PVT. LTD., WITH REGISTERED OFFICER AT NO C-28-29, QUTUB INSTITUTIONAL AREA, NEW DELHI-110 016. …RESPONDENTS (BY SMT. WAHEEDA M M, HCGP FOR R-1; SRI. SANJAY H SETHIYA, ADVOCATE FOR R-2)
THIS W.P. IS FILED UND
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