- 1 - HC-KAR NC: 2025:KHC-K:3466 CRL.P No. 201002 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201002 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ABDUL FAHEEM S/O MOHAMMAD HANIF, AGE:55 YEARS, OCC: REAL ESTATE BUSINESS, 2. SMT. AFSHAN SOHALE W/O ABDUL FAHEEM, AGE:50 YEARS, OCC: HOUSEHOLD WORK, BOTH THE PETITIONERS R/O. H.NO.7-771/A2, IBRAHIM MANZIL, MIJGORI, GUNJ ROAD, KALABURAGI-585104. …PETITIONERS (BY SRI R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO, KALABURAGI, MB NAGAR PS, REP BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 2. MOHAMMED RAFIYUDDIN S/O MOHAMMED ABDUL WAHAB, AGE:70 YEARS, OCC: PENSIONER, R/O. NEW JEWARGI ROAD, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3466 CRL.P No. 201002 of 2024 BHAGAVATI NAGAR, KALABURAGI-585102. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI LIYAQAT FAREED USTAD, ADVOCATE FOR R2 ) THIS CRL.P IS FILED U/S. 482 OF CR.P.C. PRAYING TO ALLOW THIS CRIMINAL PETITION AND THEREBY QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DT. 01.08.2023 PASSED BY THE HON’BLE IV ADDL. CIVIL JUDGE AND JMFC COURT KALABURAGI IN CRIMINAL CASE NO.4874/2023 (ARISING OUT OF KALABURAGI M.B. NAGAR PS CRIME NO.32/2023) FOR THE OFFENCES PUNISHABLE U/S. 447, 504, 506 R/W S. 34 IPC AGAINST THE PETITIONERS. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Parties are present. After sufficient amount of deliberation, an affidavit is filed on behalf of the petitioners. Copy thereof is furnished to the second respondent. 2. Taking note of the intrinsic issues involved between the parties, especially the civil matter being - 3 - HC-KAR NC: 2025:KHC-K:3466 CRL.P No. 201002 of 2024 pending between the petitioners and the second respondent, this Court is of the considered opinion that placing the affidavit on record, pending proceedings can be quashed. 3. The contents of the affidavit are culled out hereunder for ready reference and for certainty: “I, Abdul Faheem S/o. Mohammed Hanif, Age: 55 years, Occ: Real Estate Business, R/o.H.No. 7-771/A2 Ibrahim Mazil Mijori, Gunj Road, Kalaburagi, today at Kalaburagi, do hereby solemnly affirms on oath as under: 1. I state that I am Petitioner No.1 in the above case and as such I know the facts of the case. I am swearing this affidavit on behalf of and under the instruction of petitioner No.2. 2. The present criminal proceedings arise out of order taking cognizance and issue of process dated: 01.08.2023 passed by the Hon'ble IV Addl. Civil Judge and JMFC Court Kalaburagi in Criminal Case No. 4874/2023 (arising out of MB Nagar PS. Crime No. 32 of - 4 - HC-KAR NC: 2025:KHC-K:3466 CRL.P No. 201002 of 2024 2023 Kalaburagi) for the offences punishable U/S. 447, 504, 506, R/W Sec.34 of IPC. 3. I tender my sincere apology to Respondent No.2 for hurling abuses and intimidating the Respondent No.2. I undertake that there would be no interference or threat of any kind from our end to Respondent No.2 and his family members in future. Hence, that the contents of this affidavit are true and correct to the best of my knowledge, belief and information. Hence this affidavit.” 4. Taking note of the contents of the affidavit, pending criminal proceedings are to be quashed. Hence, following order is passed: ORDER a) Criminal petition is allowed. b) Pending criminal proceedings in C.C.No.4874/2023 (Crime No.32/2023 of M.B.Nagar Police Station, Kalaburagi), on - 5 - HC-KAR NC: 2025:KHC-K:3466 CRL.P No. 201002 of 2024 the file of IV Additional Civil Judge and JMFC, Kalaburagi, is hereby quashed. c) However, it is made clear that the petitioners shall not in anyway interfere with the affairs of the second respondent either causing bodily injury or interfering in possession of the land, which is subject matter of the civil proceedings. d) It is also made clear that parties would be bound by the result of the pending civil proceedings in accordance with law. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 14 CT:PK