1. In this petition, petitioner seeks quashing of the FIR in Crime No.275/2022 for the offences punishable under Sections 66(c) and (d) of the Information Technology Act, 2008, Section 120B, 417, 418, 419 and 420 of IPC on the file of I Addl. Chief Metropolitan Magistrate, Bengaluru.

2. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that on 28.10.2022, FIR in Crime No.1081/2022 was lodged by respondent No.2, which culminated in charge sheet and C.C.No.4185/2023, which was settled before the Lok Adalat between the petitioner and respondent No.2- complainant. In the meanwhile, on 18.11.2022, respondent No.2- complainant having lodged one more complaint on the same cause of action, respondent No.1-Police registered FIR in Crime No.275/2022 against the petitioner for the offence punishable under Sections 66(c) and (d) of the Information Technology Act, 2008, Section 120B, 417, 418, 419 and 420 of IPC on the same set of allegations. It is submitted that in view of the settlement of dispute between the petitioner and respondent No.2 in C.C.No.4185/2023, second FIR arising out of same cause of action and same set of allegations deserves to be quashed in the light of decision of Co-ordinate Bench of this Court in the case of Shakib Vs. State of Karnataka and Anr1 .

3. Respondent No.2-complainant having been served with notice of petition, has chosen to remain unrepresented and has not contested the petition.

4. As rightly contended by learned counsel for the petitioner, it is an undisputed fact that borne out from the material on record subsequent to first complaint dated 28.10.2022, the respondent filed one more complaint making exactly identical circumstances and in respect of the same cause of action so also, the first complaint, which is registered as FIR in Crime No.1081/2022 was converted into C.C.No.4185/2022 and the same having been compromised before the Lok Adalat, the instant complaint, which was registered as FIR in Crime No.275/2022 is hit by doctrine of sameness as held by the co-ordinate bench of this Court in the case of Shakib (supra) and the same deserves to be quashed.

5. In the result, I pass the following:

ORDER

i) The petition is hereby allowed.

ii) The proceedings pursuant to FIR in Crime No.275/2022 for the offences punishable under Sections 66(c) and (d) of the Information Technology Act, 2008, Section 120B, 417, 418, 419 and 420 of IPC on the file of I Addl. Chief Metropolitan Magistrate, Bengaluru qua the petitioner are hereby quashed.