- 1 - NC: 2025:KHC:4116 CRL.P No. 479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 479 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MOHAMMED NOUSEEN S/O. ABDUL RASHID, AGED ABOUT 28 YEARS, R/AT- NO.2-19/12, MISHRIYA MANZIL, KULUR- KAVOOR ROAD, KUCHIGUDDE, SHANTINAGAR VILLAGE, MANGLORE, D.K-575015. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY URVA POLICE STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. VIJAY KUMAR, S/O. GUNDEGOWDA, AGED ABOUT 38 YEARS, R/AT ABIGYANA HOUSE, 1ST FLOOR, J.B. LOBO ROAD, 1ST CROSS, DEREBAILU VILLAGE, MANGLORE, D.K DISTRICT-575043 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SRI SAMPATH KUMAR A.V., ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4116 CRL.P No. 479 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.CNO.136/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 504, 307, 506 R/W 34 OF IPC, PENDING ON THE FILE OF 3RD ADDITIONAL DISTRICT JUDGE, MANGALORE WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Wherefore, the Petitioner pray that this Hon’ble Court be pleased to quash the entire proceedings in S.C.No.136/2024 for the offence punishable under Section 323, 504, 307, 506 Read with 34 of IPC, pending on the file of 3rd Additional District Judge, Mangalore which is produced at Annexure-A, in the interests of justice.” 2. Learned counsel for the petitioner – accused No.3 and learned counsel for 2nd respondent – complainant have filed a Joint affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.3 and his counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint affidavit, which reads as under:- - 3 - NC: 2025:KHC:4116 CRL.P No. 479 of 2025 JOINT AFFIDAVIT 1. I, Mohammed Nouseen, S/o. Abdul Rashid, Aged about 28 years, R/at – No.2-19/12, Mishriya Manzil, Kulur – Kavoor Road, Kuchigudde, Shantinagar Village, Manglore, D.K. – 575015 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I, Vijay Kumar, S/o. GUndegowda, Aged about 38 years, R/at: Abigyana house, 1st Floor, J.B. Lobo Road, 1st Cross, Manglore, D.K. District – 575043 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 3. We state that, we are the petitioners in the above case I know the facts and circumstances of the case. Hence we are deposing hereunder. 4. We state that, the respondent and the petitioner are known to each other from child hood days the complaint was filed without knowing the consequence with a spur of movement and the complainant is not interested to prosecute against the petitioner since both of them are residing in same area and to lead peaceful and cordial life between us. 5. We state that, we settled our misunderstanding with the intervention of elders and friends and we have no objection to quash the entire proceedings. Wherefore, I pray that, this Hon’ble Court may be pleased to permit the Petitioners and the 2nd Respondent to compound the offence consequently, quash the entire proceedings in S.C.No.136/2024 for the offence punishable - 4 - NC: 2025:KHC:4116 CRL.P No. 479 of 2025 under Section 323, 504, 307, 506 Read with 34 of IPC, pending on the file of 3rd Additional District Judge, Mangalore which is produced at Annexure-A, in the interests of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint affidavit dated 29.01.2025. (ii) The proceedings in S.C.No.136/2024 (arising out of Crime No.102/2023 of 1st respondent – Police) registered for the offences punishable under Sections 504, 323, 307, 506 read with Section 34 of IPC pending on the file of III Additional District Judge, Mangaluru insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 2