- 1 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3912 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. NAFEEZ S/O. ANWAR, AGED ABOUT 28 YEARS, R/AT NO.56, SET PALYA TOWN, LIGARAJAPURA, BENGALURU - 560 084. 2. MR. NISAR PASHA, S/O. M. KASIM, AGED ABOUT 50 YEARS, R/AT NO. 64/1, SET PALYA, NEAR MASJID, SAINT THOMAS TOWN, BENGALURU - 560 084. 3. MR. MANSOOR N, S/O. NOORULLA, AGED ABOUT 26 YEARS, R/AT NO.29, G-BLOCK, MUKAMBIKA LAYOUT, LINGARAJAPURAM, BENGALURU-560 084. 4. MR. MAHABOOB PASHA, S/O. KHAYUM PASHA, AGED ABOUT 49 YEARS, R/AT NO.20/06, SET PALYA, LINGARAJAPURAM, BENGALURU-560 084. 5. MR.FIROZ PASHA, S/O. M KHASIM, AGED ABOUT 50 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 R/AT NO.81/3/1, SAINT JOSEPH CHURCH ROAD, SETHA PALYA LINGARAJAPURAM, BENGALURU - 560 084. 6. MR. ZEESHAN PASHA A S/O. MR. ASLAM PASHA, AGED ABOUT 35 YEARS, R/AT NO.66/4, SET PALYA, HENNUR MAIN ROAD, LINGARAJAPURAM, BENGALURU-560 084. 7. MR. DAWOOD @ DAWOOD PASHA, S/O. ASLAM PASHA, R/AT NO. NO.66/4, SET PALYA, HENNUR MAIN ROAD, LINGARAJAPURAM, BENGALURU- 560 084. 8. MR. SYED NOOR @ NILASANDRA NOOR S/O. SYED SARDAR, AGED ABOUT 51 YEARS, R/AT NO. 2/4, EAST STREET, NILASANDRA, BENGALURU - 560 047. 9. MR. RAAJIK, S/O. AHMAD PASHA, AGED ABOUT 25 YEARS, R/AT NO.202/1, 2ND CROSS, 4TH MAIN, MUNESHWARA TEMPLE STREET, KARIYANAPALYA, LINGARAJAPURAM, BENGALURU - 560 084. 10. MR. JUNED @ JUNED PASHA, S/O. KHAYUM PASHA, AGED ABOUT 29 YEARS, R/AT 314, RASHEED NAGAR, IBRAHIM SAHEB STREET, GOVINDPUR, BENGALURU - 560 045. …PETITIONERS (BY SRI. RAM SINGH K., ADVOCATE) - 3 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 AND: 1. STATE OF KARNATAKA BY BANASAWADI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. MR. MOHAMMED GHOUSE, S/O. M. ABDUL SAMAD S M AGED ABOUT 74 YEARS, R/AT NO.1875/677, 1ST CROSS, SEETHAMMA ROAD, CHIKKANNA LAYOUT, KAMMANAHALLI, BENGALURU - 560 084. 3. MR. MOHAMMED ZUHAIB, S/O. MOHAMMED GHOUSE, AGED ABOUT 34 YEARS, R/AT NO.1875/677, 1ST CROSS, SEETHAMMA ROAD, CHIKKANNA LAYOUT, KAMMANAHALLI, BENGALURU - 560 084. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. SAMPATH KUMAR A.V., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.616/2024 AND IN C.C.NO.76224/2024 FOR THE ALLEGED OFFENCE P/U/S 109, 140(4) R/W SEC.190 OF BNS 2023, PENDING ON THE FILE XI ACJM, MAYO HALL AT BENGALURU. THIS PETITION, COMING ON FOR REPORTING SETTLMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 4 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 ORAL ORDER The petitioners-accused, who are sought to be prosecuted for the offence under Section 109, 140/4 r/w Section 190 of the Bharathiya Nyaya Sanhita, 2023, are before this Court seeking relief. 2. The prosecution alleges that the complainant’s son was in love with a girl named Sizil, and later she filed a complaint against him. The complainant’s son was summoned to the police station, and with the intervention of Zeeshan and Wasim, he paid Rs.1,50,000/- to the police to be released in that particular case. On 24.08.2024, a person named Anand called the complainant and informed him that Zuhaib had been assaulted and abducted by Zeeshan, Dawood, and others in a Fortuner car. It was also reported that Zuhaib was assaulted with a knife by Zeeshan, Dawood, and others, and with the help of Riyaz, Zuhaib was admitted to Ambekar Hospital, Bengaluru. 3. The parties are present before this Court and have filed an application for compounding, stating that they are relatives and have amicably resolved the dispute among themselves. In terms of the settlement, the complainant and the injured have agreed to withdraw all allegations against the petitioners-accused and have no objection to quashing the impugned proceedings. - 5 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 4. The learned High Court Government Pleader for the respondent-State submits that the wound certificate indicates that the injured sustained grievous injuries on the shoulder due to the assault by the petitioners-accused. Offences punishable under Section 109 of the Bharathiya Nyaya Sanhita, 2023, carry a punishment of imprisonment for life, which constitutes a heinous crime against society and is not compoundable. 5. The arguments of the learned counsel for the parties have been heard, and the application for compounding has been duly examined. 6. The injured, who is present before this Court, has categorically agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned proceedings. Admittedly, there is no eyewitness to the alleged incident, and the entire case of the prosecution revolves around the testimony of the injured. Since the injured has agreed to withdraw all allegations against the petitioners, continuing the trial would be futile. Given the circumstances, the probability of conviction appears remote and bleak, especially since the injured has turned hostile. Therefore, allowing the criminal proceedings to continue would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. - 6 - NC: 2025:KHC:12555 CRL.P No. 3912 of 2025 ii. The impugned proceedings in C.C.No.76224/2024 on the file of the XI ACJM Mayohall, Bengaluru, in Crime No.616/2024, registered by the Banasawadi Police Station, Bengaluru, insofar it relates to the petitioner-accused No.1 to 10 herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 97