- 1 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2119 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT. ZEHEEDHA BI, AGED ABOUT 47 YEARS, D/O LATE M. K. BABU, W/O SHAFIULLA, 2. SRI SHAFIULLA AGED ABOUT 63 YEARS, S/O M. PYARU, BOTH ARE RESIDING AT NO 74/1, PIPELINE ROAD, OPP. SAMUDAYA BHAVANA, YESHWANTHAPUR, BANGALORE – 560 022 3. SMT. SHAHEEDA BI AGED ABOUT 44 YEARS, D/O LATE M. K. BABU, W/O ABDUR RASHEED, 4. SRI ABDUR RASHEED AGED ABOUT 51 YEARS, S/O ABDUL SAMAD, BOTH ARE RESIDING AT NO 108, 3RD CROSS, 1ST MAIN ROAD, TELECOM LAYOUT, K P AGRAHARA, MAGADI ROAD, BENGALURU – 560 022 5. SMT. AYESHA BI, AGED ABOUT 40 YEARS, D/O LATE M K BABU, W/O AFSAR ANWAR RESIDING AT NO.14, 3RD CROSS, ASHWATH NAGAR, RMV 2ND STAGE, BENGALURU – 560 094 …PETITIONERS (BY SRI. SYED PEER ULLA SHA KHADRI, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 AND: 1. STATE BY SADASHIVANAGAR POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE – 560 001 2. SMT SYEEDA ALMAS W/O LATE AMATHI L., AGED ABOUT 39 YEARS, R/A AT ADALGERE, GUBBI TALUK, TUMKURU – 572 216 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SRI. SHANKARAYYA B., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT REGISTERED IN CR.NO.119/2022 OF SADASHIVAMAGAR P.S FOR THE OFFENCES P/U/S 323, 324, 340, 379, 441, 442, 445 AND 506 OF THE IPC, PENDING ON THE FILE OF THE 39TH ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU AT BENGALURU IN PURSUANCE OF THE SAID COMPLAINT BY THE RESPONDENT POLICE BY ALLOWING THIS PETITION. 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 seeks for the following reliefs: “Wherefore, the petitioner prays that this Hon’ble Court be pleased to quash the complaint registered in Crime No.119/2022 of Sadashivnagar Police Station for the offences punishable under Sections 323, 324, 340, 379, 441, 442, 445 and 506 of the Indian Penal Code, pending on the file of 39th Additional Chief Metropolitan Magistrate, at Bengaluru in pursuance of the said - 3 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 complaint by the Respondent Police by allowing this petition in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-defacto complainant filed the instant complaint which was registered as FIR in Crime No.119/2022 against the petitioners for the offences punishable under Sections 323, 324, 340, 379, 441, 442, 445 and 506 of IPC, pending on the file of 39th Additional Chief Metropolitan Magistrate, at Bengaluru. 4. In the meanwhile, a civil suit in O.S.No.6004/2021 was pending between the petitioners and respondent No.2 which culminated in compromise decree dated 08.03.2025 which is as under: “SUIT CLAIM: This suit was filed on 10th day of November 2021 by the Plaintiffs against the Defendants and prayed to pass judgment and decree for the following relief/s:- 1. For partition of the suit schedule properties by allotting 1/4th share to each of the plaintiffs in the schedule - 4 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 A, B & C properties & 1/6th share to the Plaintiff No. 3 in "A" schedule property; 2. Direct the defendants to put the plaintiffs in actual physical possession in respect of their 1/4th each of the plaintiffs share in the schedule properties by meats and bounds. 3. Permanently restrain the defendants or their agents, servants, GPA Holders, assigns or anybody claiming through them from alienating or creating any charge or encumbrance over the suit schedule properties (A. B & C) in respect of 1/4th legitimate share of each of the plaintiffs until disposal of the suit. 4. Declare that the registered partition deed dated: 06.08.2021, entered in Book-I, Document No. HBB-1-1344- 2021-22, CD NO HBBD 844 Registered in the office of the Sub Registrar, Gandhinagar (Hebbal) Bangalore executed between the defendants in schedule B & C properties excluding the share of the plaintiffs is null and void and not binding on the plaintiffs and to award costs of the suit and to grant such other relief/s. This suit coming on this 8th day of March 2025 for final disposal in the Lok-Adalath before the Presiding Officer: Sri. Rajesh Maruthi Kamate, B.Com., LL.B., (Spl.)., LVII ADDL. CITY CIVIL & SESSIONS JUDGE, CCH-58, Mayo Hall Unit, Bengaluru Judicial Conciliator and Non Judicial Conciliator and in the presence of Counsels: Sri. - 5 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 B.M.V. Advocate for Plaintiffs and Sri. S.P.S. Khadri - Advocate for Defendants. After conciliation, both the parties agreed to settle the matter and they have filed Compromise Petition and they admit the contents of the Compromise Petition. It is ordered and decreed as follows:- ORDER Case called before National Lok Adalath. Both side parties and their counsel have filed Joint Memo stating the matter has been settled towards full and final settlement of Rs.36,00,000/- (Rupees Thirty Six Lakhs Only) agreed to be paid to the plaintiffs No.1 to 3 out of which an amount of Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) each agreed to be deposited in favour of Plaintiff No.1 and 2 in any Nationalized Bank till they attain the age of Majority and remaining amount of Rs.13,00,000/- (Rupees Thirteen Lakhs Only) is received by Defendant No.3 through DD No.017568, 040669 and 920839 drawn on Axis Bank and S.B.I. Bengaluru. The said compromise is also entered by filing application U/o.32 R.7(1) along with pleaders certificate to enter compromise by Plaintiff No.3 Mother natural guardian on behalf of her minor children Plaintiff No.1 and 2 safeguarding the interest of the minors as per the terms and conditions of compromise petition. - 6 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 The said terms and conditions are also read over to both the parties in their vernacular and they have accepted the same. Hence, found lawful and acceptable in the eyes of law. Accordingly the present suit is hereby settled and closed as per Compromise petition and Joint Memo before Lok-Adalath. The terms and conditions of the Compromise Petition is as follows:- 1. That in pursuance to the settlement arrived between the parties that the Defendants all together have agreed to pay total sum of Rs: 36,00,000/- as the above suit has been filed by the Plaintiff to herself and on behalf of her Minor children namely Mohammed Ayaan and Mohammed Rehaan and accordingly the Defendant No. I to 3 jointly agreed to pay a sum of Rs 13,00,000/- in favor of the Plaintiff No.1 by way of Demand Draft bearing No. 017568 drawn at Axis Bank, Sanjay Nagar branch, Bangalore dated 20.02.2025 who is Master Mohammed Ayaan and a sum of Rs, 13,00,000 in favor of the Plaintiff No.2 i.e., Master Mohammed Rehaan the same is drawn at Axis Bank, Vijay Nagar branch vide DD No. 040669 dated 21.02.2025 and a sum of Rs. 10,00,000/- in favour of Plaintiff No.3 i.e., Syeeda Almas vide DD No.920839 drawn at State Bank of India. Sanjay Nagar branch dated 18.02.2025 accordingly the Plaintiff No.3 have agreed to - 7 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 make fixed deposit of Rs. 13.00.000/- each in favour of Plaintiff No.1 and 2 till they attain the age of majority. It is further agreed by the Plaintiff No.3 that the she is the wife of late Amathi L. and the said Amathi L. is the Cousin Brother of the Defendants. 2. It is further agreed by the Plaintiff that they were not having any other claim against the Defendants except on the suit schedule property and this day the Plaintiffs have received the above said amount as full and final settlement and the Plaintiff are not having any kind of claim on whatsoever manner on the other properties of the Defendants and also belongings of the Defendants. It is further agreed by the Plaintiffs that the above compromise entered by the Plaintiffs with the Defendants with full sound mind and the Plaintiff who is Plaintiff No.3 have understood the terms of the comprise petition and agreed to the above said terms in accordance with law and signed this Compromise petition for herself and on behalf of the Plaintiff Nos. 1 and 2 who are minors. 3. It is further agreed by the Plaintiffs that the Defendants are in peaceful possession and enjoyment of the suit schedule property and they are the absolute owners of the suit schedule property vide 1. Document No: HBB-1-0134-2021-22, C.D No. HBBD844 dated 06.08.2021 and 2. HBB-1-02683-2021-22, CD No. HBBD881 dated 24.09.2021. 4. It is further submits by the Plaintiff No.3 that she will withdraw the Case filed against the Defendants which - 8 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 is pending before The Hon'ble Ist ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU in C.C. No. 1859/2023 and also it is agreed by the Plaintiffs that they will appear before the Hon'ble High Court of Karnataka to Quash the above said case and also the Defendants will withdraw the suit filed against the Plaintiff No. 3 in OS No. 26287/2021 pending on the file of Hon'ble City Civil and Sessions Session Judge, CCH-58. 7. 7. That Plaintiff and Defendant have voluntarily agreed for the above terms and conditions and there is no coercion, pressure or undue influence on them for entering into this compromise and they have signed this compromise on their own free will and after carefully reading and understanding the contents of the Compromise Petition. SUIT SCHEDULE 'A' PROPERTY All that piece and parcel of the site bearing No.23 of Geddalahalli Village, Kasaba Hobli, Bangalore North Taluk, situated at 3rd Cross, Ashwathnagar, old BMP Ward No.99, New BBMP Ward No.35, Bengaluru, measuring East to West: 30 feet, and North to South: 46 feet totally 1380 Square feet along with RCC Building comprising of Ground, First with all civic amenities and bounded on the:- East by : Site No. 24 West by : Private Property North by : Road South by : Private Property - 9 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 SUIT SCHEDULE 'B' PROPERTY (ITEM NO-I) All that piece and parcel of the portion of eastern site bearing No.24/A (Old No.24A) portion of Assessment No.44 of Geddalahalli Village, Kasaba Hobli, Bengaluru North Taluk, Now assigned as new Municipal No.24A PID No. 99-150-24A, situated at 3rd Cross, Ashwathnagar, old BMP Ward No.99, New BBMP Ward No.35, Bengaluru, measuring East to West: 15 feet, and North to South: 46 feet, totally 690 Square feet along with RCC Building comprising of Ground, First and Second Floors with all civic amenities and bounded on the:- East by : Road West by : Remaining portion of same site No.24A (Old site No.24) being Item No.2 property North by : Road South by : Site-No.1/A SUIT SCHEDULE 'C' PROPERTY (ITEM NO-II) All that piece and parcel of the property bearing house list No.24A (Old site No.24) portion of assessment No.44, Katha No.190A at Geddalahalli Village, Kasaba Hobli, Bengaluru North Taluk, now with in the limit of BBMP 3rd Cross, Ashwathnagar, Old BMP Ward No.99, New BBMP Ward No.35, Bengaluru, measuring East to West: 30 feet, and North to South: 46 feet, totally 1380 Square feet along with RCC Building comprising of Ground, First - 10 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 and Second Floors with all civic amenities and bounded on the:- East by : Eastern portion of property No.24/A (Old site No.24A) being Item No.1 Property West by : Property No.23 of Sri. Babu North by : Road South by : Private Property 5. A perusal of the aforesaid compromise decree will indicate that the respondent No.2 has agreed to unconditionally withdraw the aforesaid impugned C.C.No.1859/2023, which is assailed in the present petition. Under these circumstances, the present petition deserves to be allowed and disposed of by quashing the impugned proceedings. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in Crime No.119/2022 of Sadashivnagar Police Station for the offences punishable under Sections 323, - 11 - HC-KAR NC: 2025:KHC:20672 CRL.P No. 2119 of 2025 324, 340, 379, 441, 442, 445 and 506 of the Indian Penal Code, pending on the file of 39th Additional Chief Metropolitan Magistrate, at Bengaluru insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 59