- 1 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 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. 5457 OF 2025 C/W CRIMINAL PETITION NO. 5492 OF 2025 IN CRL.P No. 5457/2025 BETWEEN: 1. PIUS DSOUZA AGED ABOUT 68 YEARS S/O. CALISTHA D'SOUZA NO. 2-68/2, ACHAR PAL HOUSE PADIL MANGALORE DAKSHINA KANNADA-575 007 (AS PER AADHAR CARD) 2. CLIFFORD D'SOUZA, AGED ABOUT 54 YEARS, S/O.CALISTHA D'SOUZA, NO.2-62/3, ACHAR PAL HOUSE ADYAR, MANGALORE DAKSHINA KANNADA-575 007 (AS PER AADHAR CARD) 3. DIXON DSOUZA AGED ABOUT 32 YEARS, S/O. PIUS DSOUZA NO.2-68/2, ACHARY PAL HOUSE ADYAR, MANGALORE DAKSHINA KANNADA-575 007. (AS PER AADHAR CARD) 4. PLINTON DSOUZA C/O.PIUS DSOUZA ADYAR, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 of 2025 2-74 ACHARIPAL HOUSE ADYAR MANGALORE DAKSHINA KANNADA-575 007 …PETITIONERS (BY SRI. MOHAMMED MONISH SOWKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE RURAL POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE-560001. 2. ASHOK DSOUZA AGED ABOUT 44 YEARS S/O LATE FREDRICK DSOUZA 3-7(23) PAKKALAPADE HOUSE MERAMAJALU VILLAGE ADYAR VILLAGE MANGALORE 575029. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. MAHAMMED MUSTHAFA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN THE C.C.NO.1641/2020 ARISING OUT OF CR.NO.42/2020 PERTAINING TO MANGALORE RURAL POLICE STATION FOR THE OFFENCES P/U/S 323, 324, 504, 506 R/W 34 OF THE IPC, PENDING BEFORE THE HONBLE COURT OF JMFC (III COURT) MANGALORE DAKSHINA KANNADA. IN CRL.P NO. 5492/2025 BETWEEN: 1. ASHOK DSOUZA AGED ABOUT 48 YEARS S/O. LATE FREDRICK D'SOUZA NO.2-71 ACHAR PAL ADYAR - 3 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 of 2025 PADIL MANGALORE DAKSHINA KANNADA-575 007 (AS PER AADHAR CARD) 2. SMT SUNITHA ANNA PINTO AGED ABOUT 38 YEARS, W/O. ASHOK DSOUZA, NO.2-71, ACHAR PAL ADYAR PADIL MANGALORE DAKSHINA KANNADA-575 007 (AS PER AADHAR CARD) 3. STEEVAN PRAKASH DSOUZA, AGED ABOUT 41 YEARS, S/O. MARCEL DSOUZA 2-70/2, ACHARIPAL HOUSE ADYAR, MANGALORE DAKSHINA KANNADA-575 007. (AS PER AADHAR CARD) ...PETITIONERS (BY SRI. MOHAMMED MONISH SOWKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE RURAL POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. 2. CLIFFORD DSOUZA AGED ABOUT 50 YEARS S/O. CALISTA D'SOUZA ACHARI PAL HOUSE, ADYAR VILLAGE, MANGALORE-575 029 ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. MAHAMMED MUSTHAFA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 - 4 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 of 2025 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN THE CC NO.1349/2020 ARISING OUT OF CRIME NO.43/2020 PERTAINING TO MANGALORE RURAL POLICE STATION FOR THE O/P/U/S 323, 324, 504, 506 R/W 34 OF THE IPC, PENDING BEFORE THE HONBLE COURT OF JMFC (III COURT) MANGALORE DAKSHING KANNADA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri Mahammed Musthafa, learned counsel, files vakalath on behalf of respondent No.2 in both petitions. 2. Since these petitions arise out of a case and counter-case, they have been heard together and are being disposed of by a common order. Crl.P No.5457/2025: 3. The petitioners have been charge-sheeted for the offences punishable under Sections 323, 324, 504, and 506 read with Section 34 of IPC. Crl.P No.5492/2025: 4. The petitioners have also been charge-sheeted for the offences punishable under Sections 323, 324, 504, and 506 read with Section 34 of IPC. - 5 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 of 2025 5. The parties are present before this Court and have filed joint affidavits stating that they have amicably resolved the dispute among themselves in O.S. Nos.463 and 487 of 2020. Respondent No.2 in both petitions has agreed to withdraw all allegations made against the petitioners and has no objection to quashing the impugned proceedings in order to maintain a cordial relationship and avoid further hostility between the parties. 6. The joint affidavits filed in both petitions are placed on record. 7. In light of the fact that the parties have amicably settled the dispute, subjecting the petitioners to trial would serve no useful purpose, especially when the probability of conviction is remote and bleak. Even otherwise, a perusal of the charge sheet materials does not disclose the essential ingredients constituting the alleged offences. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 8. Accordingly, both petitions are allowed. Crl.P No.5457/2025: The impugned proceedings in C.C. No.1641/2020 pending on the file of the learned JMFC (III Court), Mangalore, Dakshina Kannada, are hereby quashed. - 6 - NC: 2025:KHC:16047 CRL.P No. 5457 of 2025 C/W CRL.P No. 5492 of 2025 Crl.P No.5492/2025: The impugned proceedings in C.C. No.1349/2020 pending on the file of the learned JMFC (III Court), Mangalore, Dakshina Kannada, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 4