SMT AAYUSHI JAIN vs THE STATE THROUGH CYBER CRIME DIVISION

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF APRIL, 2022

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.14273 OF 2021(GM-RES)

BETWEEN:

SMT. AAYUSHI JAIN W/O ADHYATM BHANDARI, AGED ABOUT 30 YEARS RESIDING AT NO. 182, SECTOR 19-A, CHANDIGARH – 160 019. ... PETITIONER (BY SRI AKASH V.T., ADVOCATE)

AND:

THE STATE THROUGH CYBER CRIME DIVISION CRIMINAL INVESTIGATION DEPARTMENT POLICE INSPECTOR NO.1, CARLTON HOUSE PALACE ROAD BENGALURU – 560 001.

ASHISH SINGHAL S/O PREM BHUSHAN SINGAL, AGED ABOUT 31 YEARS RESIDING AT NO. 91, SPRINGBOARD, OUTER RING ROAD,

2 MAHADEVAPURA BENGALURU – 560 016. ... RESPONDENTS

(BY SRI SHANKAR H.S., HCGP FOR R1 SRI MOHAMMED SHAKEEB, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C., PRAYING TO CALL FOR RECORDS FROM THE R-1 PERTAINING TO THE IMPUGNED COMPLAINT AND IMPUGNED FIRST INFORMATION REPORT; QUASH THE IMPUGNED COMPLAINT ANNEXURE-D DTD.17.3.2020 AND FIR IN CRIME NUMBER-05/2020 VIDE ANNEXURE-B DTD.17.3.2020 REGISTERED BY RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE U/S 66C, 66D OF THE I.T. ACT, 2008 AND SECTIONS 419, 420 OF THE IPC AND ALL FURTHER PROCEEDINGS, IN SO FAR AS THE PETITIONER IS CONCERNED.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner is before this Court calling in question proceedings in Crime No.5/2020, registered for the offences punishable under Sections 66C, 66D of the Information Technology Act, 2008 and Sections 419 and 420 of the IPC.

During the pendency of this petition, the parties to the lis have arrived at settlement and have filed a joint affidavit to that effect. The joint affidavit reads as follows:

3 “Jointly state and affirm as under:

We state that the Crime Number 05/2020 came to be registered with the Respondent No.1 in pursuance of a Complaint dated 17.03.2020 filed by the Respondent No.2 herein alleging that about 63.45 BTC was stolen from the hardware wallet of Bitcipher LLP (Coinswitch).

We state that pursuant to the lodging of the Crime Number 05/2020 on 17.03.2020; the entire amount was returned to the Respondent No.2 on the very same day by the Petitioner.

That due to the intervention of well wishers and upon mutual conversations, we have preferred the present Writ Petition upon mutual agreement.

The Respondent No.2, for himself and on behalf of the other Complainants, has no objection if the present application is allowed and Crime Number 05/2020 is quashed against the Petitioner herein.

In view of the aforementioned terms of the compromise, it is prayed that this Hon’ble Court be pleased to accept the same and quash the Crime Number 05/2020 U/s 66C, 66D of the I.T. Act, 2008 and Sections 419, 420 of the IPC registered with the Respondent No.1 police station.

WHEREFORE, in view of the aforementioned facts and circumstances, it is prayed that this Hon’ble Court be pleased to allow the accompanying application and consequently, quash the Crime No.05/2020 registered with the Respondent No.1 police.”

In terms of the afore-extracted joint affidavit and that the parties have arrived at settlement, I deem it appropriate to

4 terminate the proceedings initiated against the petitioner for the afore-quoted offences.

For the aforesaid reasons, I pass the following:

ORDER (i) The writ petition is allowed. (ii) The proceedings in Crime No.5/2020, registered for the offences punishable under Sections 66C, 66D of the Income Tax Act, 2008 and Sections 419 and 420 of the IPC, stand quashed.

I.A.No.1/2021 is disposed, as a consequence.

Sd/- JUDGE

nvj CT:MJ

SMT AAYUSHI JAIN vs. THE STATE THROUGH CYBER CRIME DIVISION