- 1 - NC: 2025:KHC:17516 CRL.P No. 5444 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5444 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHAMMED HANEEF S/O. ABOOBAKAR, AGED ABOUT 25 YEARS, R/AT NO. 8-11-793, KARBAL ROAD, IMPERIAL HOTEL KUDROLI, MANGALORE. …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE NORTH PS, REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU-560 001. 2. NAZEER MOHAMMED S/O. K. M. BAWA, AGED ABOUT 33 YEARS, R/AT C/O. IMTHIAZ, MADRASA COMPOUND, KARBALA ROAD, NADUPALLI,KUDROLI, MANGALORE. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. MOHAMMED ZAMEER K., ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17516 CRL.P No. 5444 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1 MANGALORE NORTH P.S. AS CR.NO.44/2021 FOR THE OFFENCE P/U/S 143,147,148,504,341,323,324,307,149 OF IPC AND CHARGE SHEET BEARING NO.70/2021 FILED AGAINST THIS PETITIONER AND UNDER SEC.341,504,323,324,307,427,34 OF IPC AND QUASH THE PROCEEDINGS AGAINST THIS PETITIONER IN C.C.NO.1112/2022, WHICH IS PENDING ON THE FILE OF 2ND J.M.F.C MANGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri Mohammed Zameer K, learned counsel files vakalath for respondent No.2., and the same is placed on record. 2. The petitioner-accused No.2 who is charge sheeted for the offences punishable under Sections 143, 147, 148, 504, 341, 323, 324,307 and Section 149 of IPC is before this Court seeking relief. - 3 - NC: 2025:KHC:17516 CRL.P No. 5444 of 2025 3. The prosecution alleges that on 24.04.202, the petitioner and another accused restrained the respondent No.2- defacto-complainant and assaulted him with an intention of committing his murder. 4. The petitioner and the respondent No.2-defacto complainant are present before this Court and the respondent No.2 has filed an affidavit for compounding stating that they are the neighbours and to maintain cordial relationship and to prevent further hostility they have amicably resolved the dispute among themselves and in terms of the settlement, the 2nd respondent who is present before this Court has agreed to withdraw all the allegations made and further states that he has no objection for quashing the impugned proceedings. 5. The affidavit is placed on record. 6. The learned High Court Government Pleader for the respondent -State submits that offence under section 307 of IPC is punishable up to 10 years and is a heinous crime against the society and therefore the same cannot be compoundable. 7. The allegation against the petitioner-accused No.2 is that he assaulted the defacto-complainant with a wooden - 4 - NC: 2025:KHC:17516 CRL.P No. 5444 of 2025 reaper on his leg and there is no evidence to substantiate that the petitioner-accused assaulted the defacto-complainant on the vital parts of the body with an intention to committing his murder. Therefore, essential elements to constitute the commission of the offence under Section 307 of IPC is conspicuously absent. 8. Given the fact that the parties have amicably resolved the dispute among themselves, and it would be a futile exercise, if the petitioner is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.1112/2022 pending on the file of the learned II Additional JMFC, Mangaluru, insofar it relates to the petitioner-accused No.2 is hereby quashed. - 5 - NC: 2025:KHC:17516 CRL.P No. 5444 of 2025 Pending I.A.No.1/2025 does not survive consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 189