- 1 - NC: 2025:KHC:15837 CRL.P No. 5280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5280 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MOHAMMED NIFAL ALIYAS MUNNA AGED ABOUT 22 YEARS, S/O ZUBAIR, 16/102-35, NISHMA MANZIL, QILIRYA NAGAR, MUKKACHERY ULLAL, D K -575 020 (AS PER AADHAR CARD). 2. MOHAMMED RAZIK AGED ABOUT 22 YEARS, S/o. ISMAIL, NO.15-110/43, MUKKACHERY, QILIRYA NAGAR, ULLAL D.K-575 020 (AS PER AADHAR CARD). 3. MUHAMMED ZUNID AGED ABOUT 18 YEARS, S/O ZUBAIR, 16/102-35, NISHMA MANZIL QILIRYA NAGAR, MUKKACHERY, ULLAL D K -575 020 (AS PER AADHAR CARD). …PETITIONERS (BY SRI. IMTIAZ B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ULLAL POLICE STATION, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15837 CRL.P No. 5280 of 2025 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. UMMAR RAFI AGED ABOUT 25 YEARS, S/O JAMALUDDIN, D.NO.19-84/2, SUJAIBA MANZIL, VIDARANYA NAGAR, ULLAL, MANGALORE-575 020. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. MOHAMMED ZAMEER K., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN THE CC NO.357/2024 ARISING OUT OF CRIME NO.32/2022 PERTAINING TO ULLAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 504, 506, 323, 324 R/W 149 OF THE INDIAN PENAL CODE, PENDING BEFORE THE HON'BLE COURT OF JMFC (VII COURT) MANGALORE DAKSHINA KANNADA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri Mohammed Zameer K, learned counsel files vakalath on behalf of the respondent No.2. 2. The petitioners, who have been charge-sheeted for the offences punishable under Sections 143, 147, 148, 504, 506, 324, 307, and 149 of the Indian Penal Code (IPC), are before this Court seeking relief. - 3 - NC: 2025:KHC:15837 CRL.P No. 5280 of 2025 3. The prosecution alleges that the petitioners–accused, armed with deadly weapons and with the intention of attacking respondent No.2, abused him using vulgar language and also threatened him with dire consequences. 4. The parties are present before this Court and have filed an application seeking compounding of the offences, along with a joint affidavit stating that they have amicably resolved the dispute among themselves. As per the terms of settlement, respondent No.2 has agreed to withdraw all the allegations made against the petitioners and has expressed that he has no objection to quashing of the impugned proceedings in order to maintain a cordial relationship and avoid any future hostility. The said application and the joint affidavit are taken on record. 5. In light of the fact that the material witness, i.e., respondent No.2, has no objection to quashing the proceedings, and considering the terms of the amicable settlement between the parties, it would be a futile exercise to subject the petitioners to trial. The probability of conviction is remote and bleak. Furthermore, even on a perusal of the charge sheet material, the essential ingredients required to constitute the alleged offences are not satisfactorily made out. In such circumstances, the - 4 - NC: 2025:KHC:15837 CRL.P No. 5280 of 2025 continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Though the offences alleged are cognizable and non- compoundable in nature, considering the fact that the parties have amicably settled the dispute, and taking into account the remoteness of the likelihood of conviction, subjecting the petitioners to a full-fledged trial would serve no useful purpose. Therefore, continuation of criminal proceedings in the present case would amount to an abuse of the legal process. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.357/2024 arising out of Crime No.32/2022 registered by the Ullal Police Station pending on the file of the learned JMFC (VII Court), Mangalore, Dakshina Kannada, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE bkm, List No.: 5 Sl No.: 8