- 1 - NC: 2025:KHC:12344 CRL.P No. 4145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4145 OF 2025 BETWEEN: MOHAMMED FAISAL S/O MOHAMMED ASLAM ABDUL JABBAR AGED ABOUT 24 YEARS R/AT NO.5D, 6TH CROSS AUALAPPA BLOCK NEAR KID SHIN SCHOOL CHAMUNDINAGAR, BANGALORE NORTH BENGALURU-560 032 ADDRESS AS PER ADHAR CARD. …PETITIONER (BY SRI. MADESH V.M., ADVOCATE) AND: 1. STATE BY KARNATAKA BY HEBBAL POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. FIROZ AHMED S/O YUNUS AHMED AGED ABOUT 25 YEARS NO.17, 2ND CROSS NEAR ACHARYA COLLEGE SUNRISE COLONY, RT NAGAR POST BENGALURU CITY KARNATAKA-560 032. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; SRI. PADMANABHA J., ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12344 CRL.P No. 4145 of 2025 THIS CRL.P IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPLIT UP C.C.NO.8338/2024 REGISTERED BY THE HEBBAL POLICE STATION PENDING ON THE FILE OF THE VIII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU, FOR OFFENCES P/U/S 307, 323, 504 R/W SECTION 34 OF IPC, 1860 IS MARKED AT (ANNEXURE A AND D). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, accused No. 2, who is facing trial for offences punishable under Sections 323, 504, and 307 read with Section 34 of the IPC, has approached this Court seeking relief. 2. The prosecution alleges that on 09.11.2023, when the complainant went to the gym for a workout, Mohammed Fahad looked at him, teased him, and made sarcastic remarks. When the complainant questioned him, the petitioner—accused No. 2—allegedly assaulted him with a knife on the neck, causing simple injuries. 3. The petitioner, accused No. 2, is currently in judicial custody. The complainant is present before this Court, along with his counsel, and has filed an affidavit stating that, with the intervention and advice of well-wishers, elders, and parents, they have amicably resolved the dispute. He further states that he does not intend to pursue the criminal proceedings against the petitioner and has agreed to withdraw all allegations. The - 3 - NC: 2025:KHC:12344 CRL.P No. 4145 of 2025 complainant has also expressed that he has no objection to quashing the impugned proceedings to prevent further hostility. 4. The complainant, after the alleged assault, received medical treatment and was discharged without sustaining any grievous injuries. 5. The affidavit is taken on record. 6. Although the offence under Section 307 of the IPC is cognizable and non-compoundable, considering that the parties have amicably resolved the dispute and the complainant has no objection to quashing the proceedings, continuing the trial would be futile. Given the circumstances, the probability of conviction appears remote and bleak due to the settlement. 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. ii. The impugned proceedings in C.C.No.8338/2024 on the file of the VIII Additional Chief Judicial Magistrate, Bengaluru, in Crime No.260/2023, registered by the Hebbal Police Station, Bengaluru, insofar it relates to the petitioner- accused No.2 herein is hereby quashed. iii. The respondent No.1 and the concerned Jail Authorities, the Superintendent, Chief Prison Officer, Parappana - 4 - NC: 2025:KHC:12344 CRL.P No. 4145 of 2025 Agrahara, Central Prison, Bengaluru are hereby directed to release the petitioner-accused No.2 herein forthwith without any delay and immediately upon a receipt of copy of this order, if he is not required for any other cases, if any. iv. The Registry is directed to communicate this order to the respondent No.1, and the concerned Jail Authorities forthwith without any delay through e-mail and telephonically. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 9