- 1 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1637 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: HASHIM ZISHAN AHMED KURESHI, S/O KASIM IRSHAD AHMED KURESHI, AGED ABOUT 36 YEARS, R/AT NO.07, NOVA STREET, SHIVAJINAGAR, BANGALORE – 560 051. …PETITIONER (BY SRI. CHIRAG U., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHIVAJINAGAR POLICE STATION, BANGALORE CITY REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001 2. MUKTHIYAR PASHA, S/O MOHAMMED HUSSAIN, AGED ABOUT 28 YEARS, R/AT NO. 24, 5TH CROSS, NEAR GHOUSIYA MASJID, MAZHAR LAYOUT, BUDANSAB PALYA, BAGLOOR, BENGALURU - 562149 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1, SRI GURUSANDEEP SINGH, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.52178/2024 ON THE FILE OF 29TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU OF SHIVAJINAGAR POLICE STATION BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 341, 384, 506 R/W 34 OF IPC WHICH IS PRODUCED AS ANNEXUER-A IN THE ABOVE CASE. 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, petitioner has sought for the following relief:- “Wherefore, the Petitioners pray that this Hon’ble Court be pleased to quash the entire proceedings against the petitioners in CC No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bengaluru of Shivajinagar Police Station, Bengaluru for the offence punishable under Sections 323, 341, 384, 506 r/w 34 of IPC which is produced as Annexure-A, in the above case, in the interest of justice.” 2. Learned counsel for petitioner – accused No.1 and learned counsel for respondent No.2 – complainant have filed I.A.2/2025 along with separate affidavits of petitioner and respondent No.2 and the application is duly signed by learned counsel for the petitioner and learned counsel for respondent No.2 and the same is taken on record. - 3 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 3. Petitioner – accused No.1 and his counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of their respective Affidavits. 4. The Affidavit filed by the petitioner, reads as under:- “AFFIDAVIT “1. I, Hashim Zishan Ahmed Kureshi, S/o Kasim Irshad Ahmed Kureshi Aged about 36 years, R/at: No.07, Nova Street, Shivajinagar, Bangalore – 560051, today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I state that, I am the petitioner in the above case I know the facts and circumstances of the case. Hence I am deposing hereunder. 3. I state that, I, Accused No.2 and 3 and the complainant are known to each other from several years. 4. I state that, I, Accused No.2 and 3 had financial transactions with the second respondent and due to misunderstanding in the financial transaction the complainant has filed complaint on ill advice of the relatives, without knowing the consequences. 5. I state that, I am working at Private company in Bangalore and obedient citizen and we are known to each other. 6. I state that, due to misunderstanding between us in the financial transaction, the second respondent had approached the police and filed complaint without knowing the consequences. - 4 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 7. I state that, we settled our misunderstanding with the intervention of relatives and friends and we have no objection to quash the Charge sheet and Proceedings. Wherefore, I pray that, this Hon’ble Court may be pleased to permit the Petitioner and the Respondent to compound the offence consequently, quash the proceedings in C.C.No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bangalore of Shivajinagar Police Station, Bangalore for the offence punishable under Sections 323, 341, 384, 506 r/w 34 of IPC which is produced as Annexure-A, in the interest of justice.” 5. The Affidavit filed by respondent No.2, reads as under:- “AFFIDAVIT “I, Mukthiyar Pasha, S/o. Hussain Sab, aged about 28 years R/at: No.24, 5th Cross, Near Ghousiya Masjid, Mazhar Layout, Budansab Palya, Bagloor, Bengaluru – 562149, now 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 know the facts and circumstances of the case. Hence I am deposing hereunder. 2. I state that, I and the petitioner along with Accused No.2 and 3 are known to each other from several years. 3. I state that, I had financial transactions with the petitioner and due to misunderstanding in the financial - 5 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 transaction I have filed complaint on ill advice of the relatives, without knowing the consequences. 4. I state that, we settled our misunderstanding with the intervention of relatives and friends and we have no objection to quash the charge sheet and proceedings against the petitioner. 5. I state that, due to intervention of elders, the dispute had been solved between me and the petitioner and with the ill advice of the relatives I had filed the complaint against the petitioner and now I have no intention to prosecute the petitioner. 6. I state that, I have no objection to quash the charge sheet and proceedings against the petitioner. 7. I state that, I know the contents of the affidavit, I have signed this affidavit with my free consent without any force, threat, coercion and undue influence. Wherefore, I pray that, this Hon’ble Court may be pleased to permit the petitioner and the Respondent to compound the offence consequently, quash the proceedings in C.C.No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bengaluru of Shivajinagar Police Station, Bengaluru for the offence punishable under Sections 323, 341, 384, 506 r/w 34 of IPC, which is produced as Annexure-A, in the interests of justice.” 6. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - NC: 2025:KHC:5309 CRL.P No. 1637 of 2025 ORDER (i) The petition is disposed of in terms of Affidavits dated 05.02.2025. (ii) The proceedings in C.C.No.52178/2024 (arising out of Crime No.138/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 341, 384, 506 r/w 34 of IPC, pending on the file of XXIX Addl. Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 4 Sl No.: 5