Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:18695 CRL.P No. 7377 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7377 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
ABDUL KHADER S/O. AMJAD PASHA, AGED ABOUT 25 YEARS, R/AT NO.24/1, 5TH MAIN ROAD, 5TH CROSS, GANGAPPA BLOCK, GANGANAGAR, NEAR K.E.B OFFICE, BANGALORE NORTH, RT NAGAR, BANGALORE – 560 032.
…PETITIONER (BY SRI. MOHAMMED KALEEM, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION,
BENGALURU CITY,
REP. BY THE S.P.P,
HIGH COURT BUILDING,
BANGALORE – 560 001.
2.
DNYANESHWAR PARASHARAM BHUTTEWADKAR,
S/O PARASHARAM, AGED ABOUT 22 YEARS, R/AT AMARA JYOYI LAYOUT,
20TH CROSS, 1ST MAIN, SANJAY NAGAR,
BANGALORE – 560 094. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1;
SRI. BHUVAN N., ADV. FOR R2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:18695 CRL.P No. 7377 of 2025
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.269/2023 OF SADASHIVANAGAR P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTION 392 OF IPC ON THE FILE OF 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following relief:
“Quash the FIR in Crime No.269/2023 of Sadashivanagar Police Station for the offence punishable under Section 392 of IPC on the file of 39th Addl. Chief Metropolitan Magistrate, Bengaluru City, in the interest of justice.”
2.
Learned counsel for the petitioner has filed an application requesting to compound the offences along with separate Affidavits of the petitioner and respondent No.2 duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 -
HC-KAR NC: 2025:KHC:18695 CRL.P No. 7377 of 2025
3. Petitioner – accused and his counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of their respective Affidavit. The affidavit of the petitioner reads as under:-
“AFFIDAVIT I, Abdul Khader S/o. Amjad Pasha, aged about 25 years R/at No.24/1, 5th Main Road, 5th Cross, Gangappa Block, Ganganagar, Near KEB Office, Bangalore North, RT Nagar, Bangalore – 560 032, hereby solemnly affirm on oath as follows:
1. I state that I am the petitioner in the above case, we know the facts and circumstances of the case hence we are swearing to this affidavit. 2. I state that the 2nd respondent filed complaint against me with an ill intention that they snatched the mobile phone from mobile stand. 3. I state that, I and the complainant are residents of same village and we are known to each other and with the intervention of the family members we amicably settled the dispute. 4. I state that, now after settling the matter the respondent has no objection to quash the proceedings against us and hence this Affidavit. 5. Wherefore, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, in the interest of justice and equity.”
- 4 -
HC-KAR NC: 2025:KHC:18695 CRL.P No. 7377 of 2025
The affidavit of respondent No.2 reads as under:-
“AFFIDAVIT I, Dnyaneshwar Parasharam Bhuttewadkar S/o.Parasharam, aged about 22 years, R/at Amara Jyoyi Layout, 20th Cross, 1st Main, Sanjay Nagar, Bangalore – 560094, do hereby solemnly affirm on oath as follows:
1. I state that I am the complainant / 2nd respondent in the above case, I know the facts and circumstances of the case. 2. I state that I had filed complaint against the petitioners without consulting the family members and there was dispute with regard to the shop which was let out to them. 3. I state I and the petitioner are residents of same village and we are known to each other and with the intervention of the family members we amicably settled the dispute.
4. I state that, now after settling the matter I have no objection to quash the FIR against petitioners and I have signed this affidavit without threat coercion undue influence from anyone. Hence this Affidavit. 5. Wherefore, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, in the interest of justice and equity.”
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
- 5 -
HC-KAR NC: 2025:KHC:18695 CRL.P No. 7377 of 2025
ORDER
(i) The petition is disposed of in terms of Affidavits dated
22.05.2025.
(ii) The Complaint / FIR in Crime No.269/2023 dated 14.11.2023 of Sadashivanagar Police Station registered for the offence punishable under Section 392 of IPC pending on the file of the 39th Addl. Chief Metropolitan Magistrate, Bengaluru City, are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 5 Sl No.: 1