- 1 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6043 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. TASLIM R I S/O ISAK R.A., AGED ABOUT 67 YEARS, OCC- STUDENT R/AT-1ST MAIN, 2ND CROSS, 2ND STAGE, R.M.L.NAGAR, SHIVMOGA, GOPALA EXTENSION SHIVMOGA-577 205. 2. MOHAMMAD DIYAAN S/O HARIS SAJIPA NADU AGED ABOUT 18 YEARS, OCC STUDENT R/AT FLAT NO.407, 4TH FLOOR, SHALIMAR APARTMENT, BALIKASHRAM ROAD, KANKANADI, MANGALURU-574 231. 3. ABDULLA S/O ABDUL MUTALIB AGED ABOUT 21 YEARS, OCC STUDENT, R/AT M R VILLA, NELLADI, POST AND VILLAGE, PUTTUR, DK-574 229. 4. MOHAMMAD ASFHA, S/O B.AHMED AGED ABOUT 18 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 OCC STUDENT, R/AT DOOR NO.1-161 AL RABBI, AMMUR VILLAGE, KARIANGAL POST, BANTWALA-574 222. 5. MOHAMMAD SALMAN SAJID S/O MOHAMMAD SAJID, AGED ABOUT 19 YEARS, OCC STUDENT R/AT ROOM NO-203, VISHWAS RESIDENCY, MATHAEES ROAD, ATTAVARA VILLAGE, MANGALUIRU-575 001. 6. AAFAN SHEIKH S/O. SHAIKH MOHAMMAD ALTAF, AGED ABOUT 18 YEARS, OCC STUDENT, R/AT DOOR NO. 4-5901/1, OLD KEB SALESUTTUR VITLA, BANTWALA TALUK-574 243. …PETITIONERS (BY SRI. DINESHKUMAR RAO K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALURU SOUTH POLICE STATION, MANGALURU-575 001, (REPRESENTED BY STATE BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) 2. MOHAMMAD SHURAIM S/O. BILLAL MOIDIN, AGED ABOUT 17 YEARS, OCC STUDENT, R/AT DOOR NO. 24-78B, TASLIM BUILDING, - 3 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 KASABA BENGRE, MANGALURU-575 013, REPRESENTED BY HIS GUARDIAN/FATHER, BILAL MOIDIN, S/O ABDUL RAHAMAN, AGED ABOUT 48 YEARS. 3. IBRAHIM KHALEEL SHARIF S/O ABDUL AZIZ, AGED ABOUT 18 YEARS, OCC.-STUDENT, R/AT- DOOR NO. 8-10-788/2, BAITULA RAIFA AL-AMIN ROAD, FRONT OF SUNDAR ICE FACTORY, KUDROLI, MANGALURU-575 003. 4. MOHAMMD ASNAN S/O MOHAMMED AMIN, AGED ABOUT 17 YEARS, OCC.-STUDENT, R/AT- DOOR NO. 9-17-660, UGARNE COMPOUND, ANSARI ROAD, BANDAR, MANGALURU-575 001. REPRESENTED BY HIS, GUARDIAN/FATHER, MOHAMMED AMIN S/O K. BHAVANI, AGED ABOUT 47 YEARS …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; SRI. N M BHAT, ADVOCATE FOR R2 TO R4) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN S.C.NO.25/2025 PENDING ON THE FILE OF THE III ADDL. DISTRICT JUDGE (ADJ) MANGALURU D.K., (CHARGE SHEETED FOR OFFENCE P/US/ 189(2), 191(2), 191(3), 140(1), 127(2), 115(2), 118(1), 352, 351(2), 109, 190 OF BNS ACT. - 4 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent No.1-State. Sri N.M.Bhat, learned counsel files vakalath on behalf of respondents No.2 to 4 and the same is placed on record. 2. The petitioners who are charge sheeted for the offences punishable under Sections 109, 115(2), 118(1), 127(2), 137(2), 189(2), 190, 191(1), 191(3), 351(2), 352 of BNS 2023, are before this Court seeking relief. 3. The prosecution alleges that altercation took place between the petitioners accused and respondents No.2 to 4 who are minors in relation to a football match. In the said altercation, the petitioner have allegedly assaulted the respondents No.3 and 4 with their hands with an intention to commit the murder and also abused them vulgar language and threatened with dire consequences. 4. The petitioners and respondents who are the students are present before this Court and they have filed an application for compounding stating that they have amicably resolved the dispute among themselves and the altercation took place in a spur of moment and not premeditated, and respondents 2 to 4 including injured witnesses has stated that they have agreed to withdraw all the allegations made against - 5 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 the petitioners and have no objections for quashing the impugned proceedings so as to maintain cordial relationship and also to prevent future hostility. 5. The application is placed on record. 6. The offence under Section 109 of BNS, 2023 is punishable with life imprisonment, however, the wound certificate indicates that the injured has sustained simple injuries, and the injuries sustained were not on the vital parts of the body. Therefore, the essential elements to constitute the commission of the offence under Section 109 of BNS is conspicuously absent. 7. Although the offences are cognizable and non- compoundable, considering that the parties have amicably resolved the dispute and the complainants have no objection to quashing the impugned proceedings, the 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. 8. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned proceedings in S.C.No.25/2025 on the file of the III Additional District Judge (ADJ) Mangaluru, in - 6 - NC: 2025:KHC:16672 CRL.P No. 6043 of 2025 Crime No.162/2024, registered by the Mangaluru South Police Station, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 3