- 1 - NC: 2025:KHC:10863 CRL.P No. 2986 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2986 OF 2025 BETWEEN: 1. FAVAZ @ MOHAMMAD FAVAZ S/O MOYUDDIN KUTTI, AGED ABOUT 38 YEARS, R/AT MULIGADDE HOUSE, PAIVALIKE VILLAGE, CHIPPAR POST, KASARGOD TALUK AND DISTRICT, STATE OF KERALA-671 322. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VITLA POLICE STATION, D K DISTRICT, REP BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. VINOD KUMAR SHETTY S/O RAGHUNATHA SHETTY, AGED ABOUT 38 YEARS, PATLA HOUSE, KARAPADI VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC NO.347/2015 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC BANTWAL D.K FOR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10863 CRL.P No. 2986 of 2025 THE OFFENCE PUNISHABLE UNDER SECTION 341, 504, 323, 506 R/W 34 OF IPC OF VITLA POLICE STATION, D.K DISTRICT WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner - accused No.3, who has been charge sheeted for the offences punishable under Sections 341, 504, 323, 506 read with Section 34 of IPC, is before this Court seeking relief. 2. The prosecution alleges that on 8.5.2011, when the complainant was passing-by and had parked his two-wheeler, so as to direct traffic and reduce the traffic-jam that had occurred due to a sudden upsurge in vehicles on account of a nearby wedding- function, at that time, the petitioner-accused No. 3 and other accused had attempted to remove a sticker affixed on the two- wheeler vehicle of the complainant. Subsequently, there ensued an altercation between the petitioner-accused no. 3 and others and the complainant, which resulted in the accused abusing the complainant in filthy language, and further threatened the petitioner with dire consequences and assaulted them. 3. All the allegations alleged against the petitioners are compoundable, and the matters was referred to the Lokadalat for settlement the complainant and the accused Nos.1, 2 and 4. Before the Lokadalat, the parties have amicably resolved the dismissed among themselves. In terms of the settlement, accused Nos.1, 2 and 4 were acquitted. The allegations against accused - 3 - NC: 2025:KHC:10863 CRL.P No. 2986 of 2025 No.3 and other accused are similar, and there is no specific overt act against accused No.3. In the absence of any specific overt act, the petitioner cannot be prosecuted for the offences alleged against him, since the Trial Court cannot framed the charges on the basis of omnibus and general allegation, the continuation of criminal proceedings against the petitioner would amount to an abuse of process of law. 4. Accordingly, the petition is allowed. The impugned proceedings in CC No.347/2015 pending on the file of the learned Additional Civil judge and JMFC, Bantwal, D K, insofar as the petitioner - accused No.3 is hereby quashed. 5. The petitioner to be released forthwith, if he is not required for any other offences. 6. This order to be communicated to the Mangaluru Sub- Jail, Mangaluru through e-mail. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 85