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2025 DAILYLAW 29967 (KAR)

MR HUSSAIN OWAIZ SHABIR v. THE STATE OF KARNATAKA

CRL.P/7722/2023 · 2025-04-29

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17833 CRL.P No. 7722 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7722 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. HUSSAIN OWAIZ SHABIR S/O K.M.HUSSAIN, AGED ABOUT 32 YEARS, R/AT 116, 1ST CROSS, RK GARDEN, NEW BEL ROAD, BANGALORE-560 094. …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SADASHIVANAGARA PS, BENGALURU. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. MEENA UMACHANDER W/O UMACHANDER S., AGED ABOUT 60 YEARS, R/A 360, BASHEER AHMED ROAD, ALWARPET, CHENNAI-600 018. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. R. HEMANTH RAI, ADVOCATE FOR R-2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17833 CRL.P No. 7722 of 2023 THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO (a) CALL FOR THE ENTIRE RECORDS IN C.C.NO.6086/2018 PENDING ON THE FILE OF XXXIX ACMM AT BENGALURU FOR THE OFFENCES PUNISHABLE U/S.420, 468, 471 OF IPC. (b) QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.6086/2018 FOR THE OFFENCES PUNISHABLE U/S.420, 468, 471 OF IPC, NOW PENDING ON THE FILE OF XXXIX ACMM AT BENGALURU, INSTITUTED BY THE RESPONDENT NO.1, SADASHIVANAGARA PS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by the petitioner/accused in Cr.No.36/2014 of Sadashivanagar Police Station, Bangalore City, registered for the offence punishable under Section 420, 468 and 471 of IPC with the following prayers: “(a) Call for the entire records in CC No.6086/2018 pending on the file of Hon’ble XXXIX ACMM at Bengaluru for the offences punishable u/s.420, 468, 471 of IPC. (b) Quash the entire criminal proceedings in CC No.6086/2018 for the offences punishable u/s.420, 468, 471 of IPC, now pending on the file of Hon’ble XXXIX ACMM at Bengaluru, - 3 - NC: 2025:KHC:17833 CRL.P No. 7722 of 2023 instituted by the Respondent No.1, Sadashivanagara PS. (c) Pass such other relief/reliefs as this Hon’ble court deems fit in the facts and circumstances of the present case in the interest of justice and equity.” 2. A joint memo is filed, signed by the learned counsel for petitioner and the learned counsel for respondent No.2-De-facto complainant, which reads as under: “The undersigned counsels for Petitioner and Respondent No.2 pray this Hon’ble Court that the subject matter of the above petition is settled through compromise petition in RFA No.902/2014, before this Hon’ble Court, hence both the counsels prays that this Hon’ble Court may be pleased to allow the prayer as prayed in the above petition, therefore the above memo along with compromise petition may be taken on record in the interest of justice and equity.” 3. A copy of the order passed by this Court in RFA No.902/2014 dated 5.12.2024 and the compromise - 4 - NC: 2025:KHC:17833 CRL.P No. 7722 of 2023 petition filed under Order 23 Rule 3 r/w Section 151 of the CPC are enclosed along with the memo. 4. The Joint memo along with the documents furnished are placed on record. 5. Learned counsel appearing for respondent No.2 / De-facto complainant submits that in view of the settlement between the parties, the said respondent has no objection to quash the proceedings pending against the petitioner herein. 6. The offences alleged are under Section 420, 468 and 471 of IPC. The dispute is purely private in nature. Respondent No.2-De-facto complainant has settled the dispute with the petitioner. She has no objection to quash the proceedings in view of the settlement and the compromise petition filed in RFA No.902/2014. The parties have been directed to abide by the terms of the compromise petition as agreed before the Court in RFA No.902/2014. - 5 - NC: 2025:KHC:17833 CRL.P No. 7722 of 2023 7. In the above facts and circumstances, the following: ORDER i. Petition is allowed. ii. The entire proceedings in CC No.6086/2018 pending on the file of the XXXIX Additional Chief Metropolitan Magistrate, at Bangalore, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 2 Sl No.: 1 CT:ar