Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15366 CRL.P No. 3237 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3237 OF 2025 BETWEEN:
THOUSIF @ BADA THOUSIF S/O MAHAMMAD AGED ABOUT 27 YEARS R/AT NO. 4-103, FAIZAL NAGARA MANGALORE, D.K DISTRICT - 575 007. …PETITIONER (BY SRI LETHIF B., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA SURATHKAL POLICE STATION D.K DISTRICT, REP. BY SPP HIGH COURT BUILDING BENGALURU – 560 001.
2.
POLICE SUB-INSPECTOR CITY CRIME BRANCH MANGALURU, D.K DISTRICT - 575 001.
3.
MOHAMMAD SHARIF N. A., S/O N.A.SHEKABBA AGED ABOUT 44 YEARS R/AT NANDAVARA KADEHITHLU, PANE MANGALURU BANTWAL, D.K DISTRICT – 574 231.
4.
ZAKARIYA @ ABDUL REHAMAN @ ZAKIR S/O ABDUL KHADAR AGED ABOUT 35 YEARS
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:15366 CRL.P No. 3237 of 2025
RESIDING AT NO.01-73, BASTIGUDDE NANDAVARA, PANE MANGALURU POST SAJIPAMUNNURU VILLAGE BANTWAL TALUK, D.K DISTRICT – 574 231. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1 TO R2;
SRI ABDUL ANSAR P., ADVOCATE FOR R3 AND R4)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1695/2024 ON THE FILE OF II JMFC COURT, MANGALURU FOR THE OFFENCE P/U/S 365, 395, 397, 506 R/W 149 OF IPC AND SECTION 4, 25(1B)(b) OF THE INDIAN ARMS ACT OF SURATKAL 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 M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.1695/2024, pending before the II JMFC Court, Mangaluru, for the offences under Sections 365, 395, 397, 506 r/w. 149 of the IPC and Sections 4 and 25(1B)(b) of the Indian Arms Act. 2. Learned counsel for the petitioners and learned counsel for respondent Nos.3 and 4 in unison would submit that during the pendency of the these proceedings, the parties to the lis
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NC: 2025:KHC:15366 CRL.P No. 3237 of 2025
have settled the dispute among themselves amicably and file an application under Section 482 of the Cr.P.C., seeking permission to compound the afore-quoted offences along with an affidavit of respondent Nos.3 and 4. 3. The affidavit of respondent Nos.3 and 4 reads as follows:
“1. I Mohammad Sharif N.A, S/o. N.A Shekabba, Aged about 44 years, R/at: Nandavara, Kadehithlu, Pane mangaluru, Bantwal, D.K District - 574231 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I, Zakariya @ Abdul Rehaman @ Zakir, S/o. Abdul Khadar, Aged about 35 years, R/at: No.1-73, Bastigudde, Nandavara, Pane Mangaluru Post, Sajipamunnuru Village, Bantwal Taluk D.K District - 574231 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 3. We state that, we are the respondent No.3 and 4 in the above case we know the facts and circumstances of the case. Hence we are deposing hereunder on behalf of ourselves. 4. We state that, we are victims who are cited as CW-2 and CW-3 and having no grievance against the petitioner, we settled our dispute amicably with the intervention of both the families. 5. We state that, the financial dispute between us are settled and we have no objection to quash the proceedings against the petitioner. 6. We state that, we settled our misunderstanding with the intervention of elders and friends and we have no objection to quash the entire proceedings.
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NC: 2025:KHC:15366 CRL.P No. 3237 of 2025
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 entire proceedings in C.C No.1695/2024 on the file of II JMFC Court, Mangaluru for the offence punishable under section 365, 395, 397, 506 r/w 149 of IPC and Section 4, 25(1B)(b) of the Indian Arms Act of Suratkal Police Station, D.K District, in the interests of justice.”
In the light of the afore-quoted affidavit of the parties and though the offences alleged against the petitioner is the one punishable under Section 506 of the IPC, I deem it appropriate to accept the application and the affidavit and permit them to compound the offences, as the allegations are not against the State. 4. For the aforesaid reasons, I pass the following:
ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.1695/2024, pending before the II JMFC Court, Mangaluru, stand quashed.
I.A.No.1/2025 is also disposed, as a consequence.
Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 4 Sl No.: 17/CT:SS