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2025 DAILYLAW 25740 (KAR)

SYED MUKRAM v. STATE OF KARNATAKA

CRL.P/6491/2025 · 2025-04-29

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:18156 CRL.P No. 6491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6491 OF 2025 BETWEEN: 1. SYED MUKRAM S/O LATE SYED PYAREJAAN, AGED ABOUT 48 YEARS, R/AT P2, SUNSHINE APARTMENT, 8TH MAIN ROAD, NEW GUAPPANA PALYA, BENGALURU CITY, KARNATAKA - 560 029. 2. SYED KHURRAM PASHA, S/O LATE SYED PYAREJAAN, AGED ABOUT 42 YEARS, R/AT P2, SUNSHINE APARTMENT, 8TH MAIN ROAD, NEW GUAPPANA PALYA, BENGALURU CITY, KARNATAKA - 560 029. 3. SYED AKMAL PASHA, S/O LATE SYED PYAREJAAN. AGED ABOUT 48 YEARS, R/AT P2, SUNSHINE APARTMENT, 8TH MAIN ROAD, NEW GUAPPANA PALYA, BENGALURU CITY, KARNATAKA - 560 029. 4. SYED SUHAIL PASHA, S/O LATE SYED PYAREJAAN, AGED ABOUT 48 YEARS, R/AT P2, SUNSHINE APARTMENT, 8TH MAIN ROAD, NEW GUAPPANA PALYA, BENGALURU CITY, KARNATAKA - 560 029. …PETITIONERS (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18156 CRL.P No. 6491 of 2025 AND: 1. STATE OF KARNATAKA SHO SUDDAGUNTEPALYA P.S., REP. BY SPP HIGH COURT BUILDING, BANGALORE - 560 001. 2. MOHAMMED ELAHI S/O MOHAMMED PEER, AGED ABOUT 37 YEARS, R/AT P2, SUNSHINE APARTMENT, 8TH MAIN ROAD, NEW GUAPPANA PALYA, BENGALURU CITY, KARNATAKA - 560 029. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. NAVEED AHMED Z, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3779/2025 FOR THE OFFENCE P/US/ 115(2), 126(2), 352, 3(5), 117(2), 329(4) R/W SEC.3(5) OF BNS 2023 REGISTERED AS CRIME NO.381/2024 IN SUDDAGUNTEPALYA P.S., PENDING IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who have been charge-sheeted for offences punishable under Sections 115(2), 126(2), 352, 3(5), 117(2), and 329(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, are before this Court seeking relief. - 3 - NC: 2025:KHC:18156 CRL.P No. 6491 of 2025 2. The prosecution alleges that the complainant is the owner of Sunshine Apartment, located at No.3, and had let out a flat to Mukaram and Kuram. On 18.10.2024, those tenants organized a wedding ceremony without prior permission. When the president of the apartment association questioned them, the accused allegedly abused and threatened him with dire consequences. 3. The parties are present before this Court and have filed an application for compounding, stating that they have amicably settled the dispute. In terms of the settlement, Respondent No.2 has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings. 4. The application is placed on record. 5. Given that the parties have amicably resolved the dispute, subjecting the petitioners to trial would serve no purpose, as the probability of their conviction is remote and unlikely. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 6. Hence, I pass the following: ORDER i. Petition is allowed. - 4 - NC: 2025:KHC:18156 CRL.P No. 6491 of 2025 ii. The impugned proceedings in C.C.No.3779/2025 on the file of Chief Judicial Magistrate, Bengaluru City is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 69 CT: BHK