- 1 - NC: 2025:KHC:16019 CRL.P No. 4757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4757 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. HIDAYUTHULLA KHAN S/O NOOR AKBAR KHAN AGED ABOUT 55 YEARS, R/AT PRESTIGE BAGMANE TEMPLE BELLS, NO 1056, RAJARAJESHWARINAGAR BENGALURU - 560 098. (NAME OF THE PET. NO.1 IS WRONGLY MENTIONED AS SYED IDAYAT ULLA KHAN IN CHARGESHEET) 2. NAGARAJ K N S/O NANJAPPA, AGED ABOUT 49 YEARS, R/AT NO 926/A, 11TH CROSS, JANATHANAGARA BOGADI MYSORE - 570 020. 3. M SHEKAR S/O MUNIRATHNAM AGED ABOUT 42 YEARS, R/AT NO 115, 2ND CROSS, BHADRAPPA LAYOUT, MARUTHINAGAR, NAGASHETTYHALLI, SANJAYNAGAR POST, RMV EXTENSION II STAGE BENGALURU - 560 094. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16019 CRL.P No. 4757 of 2025 4. K C PARAMESHWARAPPA S/O CHIKKABASAVAIAH AGED ABOUT 63 YEARS, R/AT NO 8, POLICE QUARTERS, YESHWANTHPURA BENGALURU - 560 22. 5. NAGARAJU S/O VENKATARAJU AGED ABOUT 65 YEARS, R/AT NO U-63, 6TH CROSS, PIPELINE ROAD, KERAMALA VEERANNA, ASHRAMA ROAD, MALLESHWARAM BANGALORE - 560 003. …PETITIONERS (BY SRI. PRITHVI RAJ B N., ADVOCATE) AND: 1. STATE BY KOTHANUR POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI BENGALURU - 560 001. 2. MOHAMMED SAMEER S/O MOHAMMED ASIF, AGED ABOUT 26 YEARS, R/AT NO 1304, U BLOCK, MANTRI WEBSITE, HENNR BAGALUR MAIN ROAD, BENGALURU - 560 077. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. BALASUBRAMANYA B N, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.71814/2024 PENDING BEFORE THE COURT OF 29TH ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYOHALL AT - 3 - NC: 2025:KHC:16019 CRL.P No. 4757 of 2025 BENGALURU OF OFFENCE P/U/S. 354, 341, 506, 34, 323 OF IPC 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 Sri Balasubramanya B.N., learned counsel, files vakalat/power of attorney on behalf of respondent No. 2. 2. The petitioners (accused Nos. 1 to 5), who have been charge-sheeted for offences punishable under Sections 323, 341, 354, and 504 of the IPC, are before this Court seeking relief. 3. The prosecution alleges that the petitioners, by forming an unlawful assembly, assaulted the complainant, outraged her modesty, wrongfully restrained her, and abused her in vulgar language. 4. The parties are present before this Court and have stated that they have amicably resolved the dispute among themselves. The FIR was lodged due to a misunderstanding relating to a financial transaction. Respondent No. 2, who is present before the Court, has agreed to withdraw all the allegations and has no objection to quashing the impugned proceedings. - 4 - NC: 2025:KHC:16019 CRL.P No. 4757 of 2025 5. In view of the fact that the parties have amicably resolved the dispute, it would be a futile exercise to subject the petitioners to trial. The probability of conviction is remote and bleak in light of the settlement. Moreover, a perusal of the charge sheet material does not reveal the essential elements necessary to constitute the alleged offences. Under such circumstances, continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 71814/2024, pending on the file of the learned 29th Addl. Chief Judicial Magistrate, Mayo Hall, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE bkm List No.: 1 Sl No.: 281