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2025 DAILYLAW 11418 (KAR)

SYED SHAH MUSTAFA KHADRI v. STATE OF KARNATAKA

CRL.P/201012/2025 · 2025-06-24

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200936 OF 2024 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 201012 OF 2025 (482(Cr.PC)/528(BNSS)) IN CRL.P.NO.200936/2024: BETWEEN: 1. AHIMADIBHANU @ AHIMADI UNNISABEGUM W/O LATE SYED NAYAMTULLA KHADRI, AGE:48 YEARS, OCC: HOUSEHOLD, R/O. KOULBAZAR, BELLARY, PRESENTLY AT M.S.K MILL, KALABURAGI-585103. 2. SHAHA HUSSAIN KHADRI S/O MUKTUM KHADRI, AGE:42 YEARS, OCC: ADVOCATE, R/O. M.S.K MILL, KALABURAGI-585103. 3. SYED MATEEN @ MAHIBOOB S/O SYED MUKTUM KHADRI, AGE:30 YEARS, OCC: PRIVATE WORK, R/O. KOULBAZAR, BELLARY-583101. 4. SYED IBRAHIM KHADRI S/O KHAJAPASHA KHADRI, AGE:32 YEARS, OCC: PRIVATE WORK, R/O. M.S.K MILL, KALABURAGI-585103. …PETITIONERS (BY SRI. SANJAY A. PATIL, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH POLICE, MALKHED POLICE STATION, SEDAM CIRCLE, TQ. SEDAM, DIST. KALABURAGI-585101., REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SRI SYED SHAH MUSTAPA KHADRI, S/O SYED MURTUJA KHADRI, AGE:67 YEARS, OCC: DARGA PEETHADHIPATI, R/O. MALKHED TQ. SEDAM, DIST. KALABURAGI-585292. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI. SACHIN M. MAHAJAN, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO, A) QUASH THE CHARGE SHEET NO.41/2021 DATED 22-10-2021 ARISING OUT OF CRIME NO.28/2021 FILED BY THE 1ST RESPONDENT POLICE/MALKHED POLICE STATION, DISTRICT KALABURAGI AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/SEC. 323, 324, 504, 506 R/W 34 OF IPC AND CONSEQUENTLY QUASH THE ORDER THE ORDER DATED 14-12-2021 TAKING COGNIZANCE OF THE OFFENCE AND ENTIRE PROCEEDINGS IN CC NO.2253/2021 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC SEDAM, DISTRICT KALABURAGI. B) PASS ANY APPROPRIATE ORDER OF DIRECTION AS DEEM FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. - 3 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 IN CRL.P.NO.201012/2025: BETWEEN: 1. SYED SHAH MUSTAFA KHADRI S/O SYED MURTUJA KHADRI, AGE:68 YEARS, OCC: AGRICULTURE, R/O. KHALIFAT-UR-RAHAMAN DARGA, MALAKHED, TQ. SEDAM, DIST. KALABURAGI-585 317. 2. SYED MURTUJA KHADRI S/O SYED SHAH MUSTAFA KHADRI, AGE:28 YEARS, OCC: MEDICAL PRACTITIONER, R/O. KHALIFAT-UR-RAHAMAN DARGA, MALAKHED, TQ. SEDAM, DIST. KALABURAGI-585 317. 3. SHARNBASAPPA S/O MAHADEVAPPA AWANTI, AGE:45 YEARS, OCC: AGRICULTURE, R/O. MALAKHED, TQ. SEDAM, DIST. KALABURAGI-585 317. 4. PEERAPPA S/O SHARANAPPA KADLI, AGE:45 YEARS, OCC: AGRICULTURE, R/O. MALAKHED, TQ. SEDAM, DIST. KALABURAGI-585 317. 5. MALLIKARJUN S/O HUSANAPPA LANGOTI, AGE:46 YEARS, OCC: AGRICULTURE, R/O. MALAKHED, TQ. SEDAM, DIST. KALABURAGI-585 317. …PETITIONERS (BY SRI. SACHIN MADHUKAR MAHAJAN, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MALAKHED POLICE STATION, DIST. KALABURAGI-585 317, REPRESENTED BY, THE ADDL. SPECIAL PUBLIC PROSECUTOR, - 4 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 501. 2. SHAH HUSSAIN KHADRI S/O MAKHTUM KHADRI, AGE:40 YEARS, OCC: LEGAL PRACTITIONER, R/O. NEAR MSK MILL, KALABURAGI-585 101. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1) THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS PRAYING TO, QUASH THE CHARGE SHEET IN CC NO.39/2022, PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC AT SEDAM, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC.143, 147, 148, 323, 324, 354, 504, 506, 149 OF INDIAN PENAL CODE, ARISING OUT OF CRIME NO.27/2021 OF MALAKHED POLICE STATION AND THE ORDER DATED 04.02.2022 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC AT SEDAM, WHEREIN, THE LEARNED MAGISTRATE HAS TAKEN COGNIZANCE AGAINST THE ACCUSED PERSONS/PETITIONERS HEREIN FOR THE OFFENCES MENTIONED ABOVE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Learned High Court Government Pleader is directed to take notice for respondent No.1-State in Criminal Petition No.201012/2025. 2. Parties are present in both the matters. 3. In respect of the incident said to have been occurred on 14.06.2021, a case and a counter case came to be registered by Malkhed Police Station in Crime No.27/2021 and Crime No.28/2021. 4. The parties submit that, after the case and counter case having been registered, with the intervention of elders and well-wishers, both the parties have retraced their steps and requests this Court to exercise its power vested under Section 482 of Cr.P.C., in quashing both the charge-sheets, in view of the amicable settlement reached among them. 5. A joint memo is filed which reads as follows: - 6 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 “JOINT MEMO It is submitted that, the petitioners and the respondent No.2 have agreed to settle all the disputes against each other in the case and the counter case, which has resulted in filing of Criminal Petition No.201012/2025 and Criminal Petition No.200936/2024 at the advise of elders and well-wishers. In the circumstances, this Hon’ble Court may kindly be pleased to allow the petitions and quash the proceedings in both the case, in the ends of justice.” 6. Parties agree that, filing of the joint memo is voluntary and there is no force, undue influence or coercion in reaching out the compromise among the parties. 7. Parties further agree that, they would forget the incident that has occurred on 14.06.2021 and henceforth they would lead a happy life in the society without interfering with each others affairs. 8. Placing their submission on record, following the dictum laid down by the Hon’ble Apex Court in the case of Ram Gopal and another Vs. State of Madhya Pradesh, reported in (2022) 14 SCC 531, since the lis is prevailed to the parties and no social impact has been caused by the pendency of the criminal case, this is a fit case where both the charge-sheets need to be quashed. - 7 - HC-KAR NC: 2025:KHC-K:3352 CRL.P No. 200936 of 2024 C/W CRL.P No. 201012 of 2025 ORDER (i) Petitions are allowed; (ii) Pending criminal cases in C.C.No.2253/2021 and C.C.No.39/2022 on the file of Civil Judge and JMFC, Sedam, stand quashed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 60 CT:PK