- 1 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.276 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. NASIR SHARIFF @ VASEEM, S/O. CN HAROON RASHEED, AGED ABOUT 46 YEARS, R/AT HIREKOLALE ROAD, KALDODDI, SHANTHINAGAR, INADAVARA, CHIKKAMAGALUR – 577101 2. NAYEEM S/O C N HAROON RASHEED, AGED ABOUT 42 YEARS, R/AT KALDODDI, SHANTHINAGAR, INADAVARA, CHIKKAMAGALUR – 577101 3. SHATAJ W/O JAVEED BASHA, AGED ABOUT 54 YEARS, R/AT H K ROAD, RAMESHWARA TANK, INDIRA GANDHI EXTENSION, HIREKOLALE POST, CHIKKAMAGALUR 577101 4. JUNALD S/O JAVEED, AGED ABOUT 28 YEARS, R/AT HIREKOLALE ROAD, NEAR RAMESHWARA TANK, INDIRA GANDHI EXTENSION, CHIKKAMAGALUR – 577101 5. MOHAMMED RAFIQ, C/O SAB JAN SAB, AGED ABOUT 41 YEARS, R/AT H K ROAD, KALLUDODDI, SHANTHINAGARA, INDAVARA POST, CHIKKAMAGALUR – 577101 6. MOHAMMED UMAR S/O LATE DORE, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 AGED ABOUT 28 YEARS, R/AT 2ND CROSS, NEAR UMMAR MASJED, SHANTHI NAGAR UPPALLI, INDAVARA POST, CHIKKAMAGALUR - 577101 …PETITIONERS (BY SRI. SYED ARIF PASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RURAL POLICE STATION, CHIKKAMAGALURU CITY, REP. BY THE S.P.P, HIGH COURT BUILDING, BANGALORE-560001. 2. NAZEEM SHAREEF, S/O. HARUN RASHEED, AGED ABOUT 51 YEARS, R/AT UPPALLI, INDAVARA POST, CHIKKAMAGALURU - 577101 …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1; SRI. CHIRAG U., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CRIME NO.260/2024 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/US/115(2), 118(1), 351(3), 352, 189(2), 190 OF BNS WHICH IS PRODUCED AS ANNEXURE-‘A’. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 ORAL ORDER In this petition, petitioners have sought for the following relief:- “Wherefore, the petitioner pray that this Hon’ble Court be pleased to quash the entire proceedings against the petitioners in CR No. 260/2024 on the file of I Addl. Senior Civil Judge and JMFC, Chikkamagaluru District for the offence punishable under section 115(2), 118(1), 351(3), 352, 189(2), 190 of BNS which is produced as ANNEXURE-‘A’.” 2. Learned counsel for the petitioners-accused Nos. 1 to 6 and learned counsel for 2nd respondent- have filed two separate Affidavits duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioners-accused Nos.1 to 6 and respondent No.2 are physically present before the Court and they admit the contents of the affidavit. 4. The affidavit filed by petitioners – accused Nos.1 to 6, reads as under:- “ We, (1) Nasir Shariff @ Vaseem S/o CN Haroon Rasheed, Aged about 46 years, R/at: Hirekolale road, Kaldoddi, Shanthinagara, Indavara, Chikkamagaluru – 577101 today at Bengaluru do hereby solemnly affirm and state oath as follows: - 4 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 We, (2) Nayeem S/o C N Haroon Rasheed Aged about 42 years R/at Kaldoddi, Shanthinagar, Indavara, Chikkamagalur – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (3) Shataj W/o Javeed Basha Aged about 54 years R/at H K road, Rameshwara Tank, Indira Gandhi Extension, Hirekolale Post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (4) Mohammed Junaid Aged about 28 S/o Javeed, R/at Hirekolale road, Near Rameshwara Tank, Indira Gandhi Extension, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (5) Mohammed Rafiq, C/o Sab Jan Sab, Aged about 41 years R/at H K road, Kalludoddi, Shanthinagara, Indavara post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (6) Mohammed Umar S/o Late Dore, Aged about 28 years, R/at 2nd cross, Near Ummar masjed, Shanthi Nagar Uppalli, Indavara Post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: 1. We state that, we are the petitioners in the above case and well conversant with the facts of the case. 2. We state that, we and complainant are the family members. - 5 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 3. we state that, the respondent police filed FIR which is contrary to the complaint filed by the Police and there is no specific allegations against the petitioner. 4. We state that, we are the accused/Petitioners in the above case. We state that, 2nd Respondent filed a complaint against us at Rural Police Station, Chikkamagaluru in Crime No.260/2024. 5. We state that with the intervention of the elderly family members we have compromised the dispute and resolved the issue between us. 6. We state that, we have full state of mind and there is no force or threat from anyone and we are deposing with the full conscious mind and knowing the facts. 7. We state that, we are the Petitioners and the 2nd Respondent amicably settled the entire disputes and we have no objection to quash the entire proceedings and the 2nd Respondent agreed for the same. We state that this is my name and signature and what is stated above are true and correct to the best of my information, knowledge and belief. I have not suppressed the true facts.” affidavit extraction 5. The affidavit filed by respondent No.2– complainant, reads as under:- “I, Nazeem Shareef, S/o CN Haroon Rasheed, Aged about years, R/at Uppalli, Indavara PO, Indavara, - 6 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 Chikkamagaluru – 577101, today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I state that I am the complainant in the above case. I have filed above complaint against the petitioners at Rural Police Station, Chikkamagaluru in Crime No.260/2024 against Petitioners. 2. I state that, the petitioners are my family members. 3. I state that, with the intervention of the elderly family members we have settled the matter and dispute against us and now I and Petitioners are now living a happy life without any dispute to each others. 4. I state that, while filing the complaint I was unaware of the facts and circumstances about the legal proceedings and the hardship it will cause to the petitioners. 5. I state that, I have full state of mind and there is no force threat from anyone and I am deposing with the full conscious mind and knowing the facts. 6. I state that, I have decided to take back my complaint and I am not interested to prosecute the case against the petitioners. 7. I state that if the proceedings are continued it will cause hardship to my future and to the petitioners. I am withdrawing the complaint and I have no objection to quash the proceedings against the petitioners. - 7 - NC: 2025:KHC:1095 CRL.P No. 276 of 2025 I state that this is my name and signature and what is stated above are true and correct to the best of my information, knowledge and belief. I have not suppressed the true facts.” 6. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, the impugned proceedings pursuant to FIR in Crime No.260/2024 pending on the file of I Addl. Senior Civil Judge and JMFC, Chikkamagaluru District, qua the petitioners are hereby quashed. 7. Petition stands disposed of accordingly in terms of the aforesaid affidavits. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 1 Sl No.: 92