- 1 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8657 OF 2025 BETWEEN: 1. MR. HABEEBULLA, S/O. ARIEF, AGED ABOUT 27 YEARS, R/AT: NO.58, 1ST CROSS, R.K. HEGDE NAGAR, BENGALURU - 560 077. 2. MR. SUPIYANULLA, S/O. NAYAZULLA, AGED ABOUT 27 YEARS, R/AT NO.28, 14TH CROSS, NEAR NOOR MASJID, UMAR NAGAR, GOVINDAPURA, BENGALURU - 560 045 3. MR. TOUSIF SHARIF, S/O. WAHEED SHARIF, AGED ABOUT 31 YEARS, R/AT: USHA HOME, 5TH CROSS, NEAR MODI MASJID, MODI ROAD, D.G. HALLI, BENGALURU-560 045. 4. MR. MOUSEEN SHARIF S/O ABDUL SUKOOR, AGED ABOUT 21 YEARS, R/AT: NO.93, 14TH CROSS NEAR KOUSER MASJID, GOVINDAPURA, BENGALURU-560 045. 5. MR. MUTAKABIR UR REHMAN, S/O. MOHAMMED ARIF ULLA KHAN, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 AGED ABOUT 19 YEARS, R/AT: NO.267, 14TH CROSS, NEAR KOUSER MASJID, GOVINDAPURA, BENGALURU-560 045 6. MR. TOUFEEK PASHA @ TOUFEEK, S/O. ABDUL KUDDUS, AGED ABOUT 36 YEARS, PRESENTLY RESIDING AT: KUVEMPU NAGAR, KOLAR TOWN, KOLAR-563101. PERMANENT RESIDENT OF: R/AT: NO.76, 14TH CROSS, BEHIND KOUSER MASJID, GOVINDAPURA MAIN ROAD, GOVINDAPURA, BENGALURU-560 045. 7. MR. SYED TOUSIF S/O. BASIR AHMED, AGED ABOUT 32 YEARS, R/AT: NO.1543, 4TH CROSS, NEAR TIPPU MASJID, R.K. HEGDE NAGAR, BENGALURU-560 077. …PETITIONERS (BY SRI. K. RAM SINGH, ADVOCATE) AND: 1. STATE BY KARNATAKA BY GOVINDAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 2. MR. MOHAMUBAIDULLA, S/O. MOHAMED GHOUSE PEER, AGED ABOUT 62 YEARS, R/AT: NO.28/1, 6TH B MAIN, APPANNA BLOCK, R.T. NAGAR, BENGALURU-560 032. - 3 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 3. MR. MOHAMMED SADIQ, S/O. CHAND PASHA, AGED ABOUT 38 YEARS, R/AT NO.21, 7TH CROSS, ROSE GARDEN, NELASANDRA, BENGALURU - 560 047 4. MR. MOHAMMED TOUSIF, S/O. MOHAMMED ASHRAF, AGED ABOUT 34 YEARS, R/AT: MARIYAMMA KOYIL STREET, NELASANDRA, BENGALURU-560 047. 5. MR. MOHAMMED ATIF, S/O. MOHAMMED BASHEER, AGED ABOUT 34 YEARS, R/AT: NO.38/10, BAZAAR STREET, NELASANDRA, BENGALURU - 560 047. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NO.1; SRI. SAMPATH KUMAR A.V., ADVOCATE FOR RESPONDENT NOS.2 TO 5) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.229/2023 AND IN S.C.NO.602/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 148, 109, 427, 307 READ WITH SECTION 149 OF IPC WHICH IS PENDING BEFORE LEARNED LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BENGALURU (CCH-58) IN S.C.NO.602/2025. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following relief: "WHEREFORE, the petitioners pray that this Hon'ble Court be pleased to quash the entire proceedings in Crime No.229/2023 and in S.C.No.602/2025 for the alleged offences Punishable under Section 143, 148, 109, 427, 307 R/w Section 149 of IPC which is pending before Learned LVII Addl. City Civil and Sessions Judge Mayohall at Bengaluru (CCH- 58) in S.C.No.602/2025 and grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for petitioners and learned counsel for respondent Nos.2 to 5 have filed an Application – I.A No.1/25 under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 along with a Joint Affidavit both dated 26.06.2025 duly signed by petitioner Nos.1 to 7 and respondent Nos.2 to 5 and the same are taken on record. 3. Petitioners and respondent Nos.2 to 5 and their respective counsel are physically present before the Court and they - 5 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 admit the contents of the Application under Section 320 read with Section 482 of Cr.P.C and the Joint Affidavit, which read as under:- "APPLICATION FILED UNDER SECTION 320 R/W 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reasons stated in the accompanying affidavit respondent No. 2 to 5 (complainant & CW1-3 / injured) and the petitioners (accused No.1 to 7) most humbly prays that this Hon'ble court be pleased to permit the parties to compound the offence punishable U/S 143, 148, 109, 427, 307 r/w 149 of IPC in connection to crime. No. 229/2023 by Govindapura police, pending on the file of Hon'ble LVII addl city civil and session judge, Mayo Hall, Bengaluru (CCH-58) in SC No.602/2025 and consequently quash the entire criminal proceedings in the interest of Justice and equity." "JOINT AFFIDAVIT I, Mohammed Ubaidulla, S/o Mohamed Ghouse Peer, Aged about 62 years, R/at: No. 28/1, 6th B Main, Appanna block, R.T. Nagar, Bengaluru-560 032, The Respondent No.2 (Complainant) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Mohammed Sadiq, S/o. Chand Pasha, Aged about 38 years, R/at: No.21, 7th Cross, Rose Garden, Nelasandra, Bengaluru-560 047, The Respondent No. 3 (CW -2/Injured) in the above petition, do hereby solemnly affirm and state on oath as follows:- - 6 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 I, Mohammed Tousif, S/o. Mohammed Ashraf, Aged about 34 years, R/at: Mariyamma Koyil Street, Nelasandra, Bengaluru - 560 047., The Respondent No. 4 (CW- 3/Injured) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Mohammed Atif, S/o. Mohammed Basheer, Aged about 34 years, R/at: No.38/10, Bazaar street, Nelasandra, Bengaluru-47, The Respondent No. 5 (CW-4/Injured) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri . Habeebulla, S/o. Arief, aged about 27 years, R/at: No.58, 1st cross, R.K Hegde nagar, Bengaluru 560 077, the Petitioner No. 1 (Accused No.1) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Supiyanulla S/o. Nayazulla, aged about 27 years, R/at: No. 28, 14th cross, Near Noor Masjid, Umar Nagar, Govindapura, Bengaluru-560045, The Petitioner No. 2 (Accused No.2) in the above petition do hereby solemnly affirm and state on oath as follows:- I, Tousif Sharif, S/o. Waheed Sharif, aged about 30 years, R/at: Usha home, 5th cross, Near Modi Masjid, Modi road, D.G. Halli, Bengaluru 560045, The Petitioner No. 3 (Accused No.3) in the above petition, do hereby solemnly affirm and state on oath as follows:- - 7 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 I, MR. Mousion Sharif S/o. Abdul Sukoor, Aged about 20 years, R/at: No. 93, 14th Cross, Near Kouser Masjid, Govindapura, Bengaluru - 560 045, The Petitioner No. 4 (Accused No.4) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, MR. Mutakabir UR Rehman, S/o. Mohammed Arif Ulla Khan, Aged about 19 years, R/at: No.267, 74th Cross, Near Kouser Masjid, Govindapura, Bengaluru - 560 045, The Petitioner No. 5 (Accused No.5) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, MR. Toufeek Pasha @ Toufeek, S/O Abdul Kuddus, Aged about 36 years, Presently residing at Kuvempu Nagar, Kolar Town, Kolar - 563101, permanent residing at No.76, 14th Cross, Behind Kouser Masjid, Govindapura Main Road, Govindapura, Bengaluru - 560045, The Petitioner No. 6 (Accused No.6) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, MR. Syed Tousif S/o. Basir Ahmed, Aged about 32 years, R/at: No. 1543, 4th Cross, Near Tippu Masjid, R. K. Hegde Nagar, Bengaluru - 560 077, The Petitioner No.7 (Accused No.7) in the above petition, do hereby solemnly affirm and state on oath as follows:- 1. We state that, FIR came to be registered in Cr. No. 229/2023 by Govindapura police station, for the offence U/S 143, 148, 109, 427, 307 r/w 149 of IPC which is pending on the file of Hon'ble LVII addl city civil and - 8 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 sessions judge Mayohall at Bengaluru (CCH-58) in S C No. 602/2025. 2. We state that, we have known each other for many years and on the account of some misunderstanding a complaint came to be registered against the petitioner's herein. 3. We state that, on the advice of elders, well wishers we do not want to prosecute the criminal case, as we have amicably settled the dispute out of the court and in order to maintain cordial relationship and harmony we do not want to prosecute the criminal case in SC No. 602/2025 (Cr. No. 229/2023) pending on the file of Hon'ble LVII addl city civil and sessions judge Mayohall at Bengaluru (CCH-58). 4. We state that, the settlement arrived between us is neither coercive nor any forceful and the same is of our free will and in view of the settlement arrived between us permitting us to compound the above case is very much imperative. WHEREFORE, we most humbly prayed that this this Hon'be court may kindly be permitted the parties to compound the offences punishable 143, 148, 109, 427, 307 r/w 149 of IPC in S.C No. 602/2025 (Crime No.229/2023), pending before Hon'ble LVII addl city civil and sessions judge Mayohall at Bengaluru (CCH-58), by Govindapura police, and consequently quash the entire Criminal proceedings in S.C.No. 602/2025 pending before Hon'ble LVII addl city civil - 9 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 and sessions judge Mayohall at Bengaluru (CCH-58) the interest of Justice and equity." 4. The material on record also discloses that the injuries are simple in nature and thereby indicating that the offences punishable under Section 307 of IPC are not attracted and not relating to vital organs and as such, there is no impediment for quashment of the impugned proceedings pursuant to the application filed by the parties. 5. In view of the aforesaid settlement entered into between the petitioners and the respondent Nos.2 to 5, I pass the following: ORDER (i) The petition is disposed of in terms of the Application filed under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 and Joint Affidavit, both dated 26.06.2025. (ii) The impugned proceedings in S.C. No.602/2025 (arising out of Crime No.229/2023 of respondent No.1 - Police) registered for the offences punishable under Sections 143, 148, 109, 427, 307 - 10 - HC-KAR NC: 2025:KHC:23729 CRL.P No. 8657 of 2025 read with Section 149 of the Indian Penal Code, 1860 pending before the learned LVII Additional City Civil and Sessions Judge, Mayohall at Bengaluru (CCH-58) insofar as the petitioners / accused Nos.1 to 7 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 11