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2025 DAILYLAW 18870 (KAR)

MR. AFSAR KHAN @ AFFI v. STATE OF KARNATAKA

CRL.P/3125/2025 · 2025-04-02

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:13908 CRL.P No. 3125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3125 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. AFSAR KHAN @ AFFI S/O LATE RIYAZULLA KHAN AGED ABOUT 38 YEARS R/AT NO.559, PIPELINE ROAD ILYAS NAGAR, J.P. NAGAR POST J.P. NAGAR BENGALURU-560 078. …PETITIONER (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. STATE OF KARNATAKA JAYANAGAR POLICE STATION JAYANAGAR SUB-DIVISION BENGALURU-560 070 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. PADMANABHA N S/O LATE NARAYANA D AGED ABOUT 47 YEARS R/AT FLAT NO.106 1ST FLOOR, HOUSE NO.69 7TH MAIN, 39TH A CROSS 5TH BLOCK, JAYANAGAR BENGALURU-560 041. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. B.N. SUNIL KUMAR, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13908 CRL.P No. 3125 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO.0226/2024 DATED 27/06/2024 REGISTERED BY THE FIRST RESPONDENT POLICE FOR THE OFFENCES P/U/S 427, 506, 341, 504, 143, 147, 149, 380, 448 AND 324 OF IPC ANNEXURE-A AND COMPLAINT DATED 27.06.2024 VIDE ANNEXURE-B PENDING ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri B.N. Sunil Kumar, learned counsel files vakalath for respondent No.2., and the same is placed on record. 2. The petitioner challenges the registration of the crime for the offence punishable under Sections 427, 506, 341, 504, 143, 147, 149, 380, 448 and 324 of IPC. 3. The 2nd respondent lodged the FIR alleging that the petitioner criminally trespassed into the subject property, abused with vulgar language and threatened with dire consequences and also assaulted him. 4. Both the parties are present before this Court and have filed memorandum of compromise petition for compounding stating that they have amicably resolved the dispute among themselves and in terms of the settlement, the 2nd respondent who is present before this Court has stated that inadvertently, the petitioner has been arrayed as an accused in the first information report (FIR), although he was not present at the spot as on the date of the incident. He further states that he has no objection for quashing the impugned FIR. - 3 - NC: 2025:KHC:13908 CRL.P No. 3125 of 2025 5. The memorandum of compromise petition is placed on record. 6. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to investigation would serve no purpose. The likelihood of Police filing the charge sheet is remote in light of the settlement. Therefore, continuing investigation against the petitioner would amount to an abuse of the legal process. 7. Accordingly, I pass the following. ORDER: (i) Accordingly, the petition is allowed. (ii) The impugned FIR in Crime No.226/2024 registered by the Jayanagar Police Station, insofar it relates to the petitioner herein is hereby quashed. (iii) The Investigating Officer to proceed with the investigation against other accused in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 97