Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2527 CRL.P No. 672 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.672 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SHAIK SHAHBUDDIN, S/O SHAIK MOHIDDIN, AGED ABOUT 54 YEARS, R/AT NO.7, 2ND FLOOR, 2ND CROSS, KEMPAIAH BLOCK, J C NAGAR, BENGALURU CITY – 560 006
2.
SYED ASLAM PASHA, S/O SYED ABBAS, AGED ABOUT 55 YEARS, R/AT NO.11/1, 3RD CROSS, SONAPPA GARDEN, D J HALLI, BENGALURU CITY – 560 005 …PETITIONERS (BY SRI. FARHAN BASHA QUAZI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY BHARATHI NAGAR POLICE, BANGALORE CITY – 560 005.
THROUGH THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BANGALORE – 560 001.
2.
MR TALIB KHAN AGED ABOUT 46 YEARS S/O CHAND PASHA, R/AT NO.4, MEMORIAL STREET, THIMMAIAH ROAD CROSS, BHARATHINAGAR, BANGALORE – 560 051. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1;
SRI IRSHAD AHMED K., ADV. FOR R2)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:2527 CRL.P No. 672 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THEM IN C.C.NO.59961/2024 OF BHARATHI NAGAR P.S. BENGALURU PENDING ON THE FILE OF HON’BLE 10TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU CITY FOR THE OFFENCE P/U/S 419, 420, 504, 506, 149 OF IPC AS AN ABUSE OF PROCESS OF LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following relief:-
“Wherefore, the Petitioner No.1 and 2 (Accused No.2 to 3) most humbly prays that this Hon’ble court may be pleased to:
a) Quash the proceedings initiated against them in C.C.No.59961/2024 of Bharathi Nagar Police station Bengaluru, pending on the file of the Hon’ble 10th Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, for offences punishable under section 419, 420, 504, 506, 149 of Indian Penal Code as an abuse of process of law, and
b) Grant such other relief or reliefs as this Hon’ble court deems fit to grant in the facts and circumstances of the case, in the ends of justice.”
2. Learned counsel for the petitioners – accused Nos.2 and 3 and learned counsel for 2nd respondent – complainant have filed
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NC: 2025:KHC:2527 CRL.P No. 672 of 2025
a Joint Memo duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.2 and 3 and their counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“JOINT MEMO The petitioners and second respondent has mutually agreed to compromise the offences alleged in the Chargesheet in C.C.No.59961/2024 of Bharathi Nagar Police station, Bangalore pending on the file of the Hon’ble 10th Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore City, for offences punishable under section 419, 420, 504, 506, 149 of Indian Penal Code. The respondent without any condition of his own accord has come forward to compound the offences alleged against the petitioners. Consequently the second respondent is consenting for quashing of the proceedings against the petitioners in C.C.No.59961/2024 of Bharathi Nagar Police station, Bangalore pending on the file of the Hon’ble 10th Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore City, for
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NC: 2025:KHC:2527 CRL.P No. 672 of 2025
offences punishable under section 419, 420, 504, 506, 149 of Indian Penal Code, to secure the ends of justice.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Memo dated 21.01.2025.
(ii) Proceedings in C.C.No.59961/2024 arising out of FIR in Crime No.21/2024 of Bharathi Nagar Police Station, Bengaluru City, pending on the file of the X Addl. Chief Metropolitan Magistrate, Mayohall, Bengaluru City, in relation to the petitioners are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 1 Sl No.: 93