- 1 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9036 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED SALAHUDDIN, S/O SHEK MOHIDDINSAAB @ ASLAM PASHA, AGED ABOUT 29 YEARS, R/O 1ST CROSS, 14TH WARD, BEHIND SBM, SUBRAMANYA NAGARA, TURUVEKERE TOWN, VTC: TURUVEKERE (RURAL) TUMKUR DISTRICT – 572 227 2. SHEK MOHIDDINSAAB @ ASLAM PASHA S/O ABDUL RAHEEMSAAB, AGED ABOUT 58 YEARS, R/O 1ST CROSS, 14TH WARD, BEHIND SBM, SUBRAMANYA NAGARA, TURUVEKERE TOWN, VTC: TURUVEKERE (RURAL) TUMKUR DISTRICT – 572 227 …PETITIONERS (BY SRI. MOIDEEN ARAFAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA TURUVEKERE POLICE STATAION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE – 560 001 2. SAMIR AHAMAD S/O. MOHAMMAD HUSEN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 AGED ABOUT 33 YERARS, R/O. MYSURU ROAD, AK COLONY, NAGAMANGALA TOWN, MANDYA DISTRICT, MANDYA, KARNATAKA 3. MOHAMMAD HUSEN S/O. LATE MAHAMAD DASTHAGIR AGED ABOUT 66 YEARS, RESIDENT OF MYSURU ROAD, A K COLONY, NAGAMANGALA TOWN, MANDYA DISTRICT, MANDYA, KARNATAKA …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. AFROZ PASHA, ADVOCATE FOR R2 & R3) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.55/2025, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC TURUVEKERE, TUMAKURU DISTRICT REGISTERED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 352 AND 351(2) OF BNS 2023 AND SEC.27 OF ARMS ACT 1959. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 ORAL ORDER In this petition, petitioners have sought for the following relief:- “Wherefore, the Petitioner respectfully pays that this Hon’ble Court may be pleased to quash the entire proceedings in Crime No55/2025, pending on the file of Senior Civil Judge and JMFC, Turuvekere, Tumkur District, registered for the alleged offences punishable under Sections 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms Act, 1959, in the interest of justice, equity, and to prevent abuse of the process of law, and to pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for respondent Nos.2 and 3 – victim and complainant, respectively, have filed Application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C.), along with Joint Affidavit dated 04.07.2025, duly signed by the petitioners, respondent Nos.2 and 3 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 2, respondent Nos.2 and 3 – victim and complainant respectively and their respective - 4 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 counsel are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit which reads as under:- “JOINT AFFIDAVIT “We Aslam Pasha S/o Late Abdul Raheem Sab Aged about 57 years Residing at: Beside SBM Bank Road Subrahmanya Nagara, Turuvekere town Tumkuru, Karnataka – 572227 AND Mohammed Hussain S/o Late Mahamad Dasthgir, Aged about 66 years Resident: Mandya road, Opposite to Alphap Bank Nagamangala town Mandya – 571432 do hereby solemnly affirm and state on oath as follow. 1. I Aslam Pasha I am the accused/petitioner no.1 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of petitioner No-1 also. 2. I Mohammad Husen, I am the complainant in the above case and I am fully conversant with the facts of the case. 3. We submit that, we have filed an application u/s 359 (2) OF BNSS to compound the offences in the above criminal petition. 4. That, the disputes between us have been resolved and we have decided to settle the matter between them. - 5 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 5. That, I agreed that to settle and have no objections for the quashing of the Fir in CR No 50/2025 filed against Respondent no.2 and his friends, which is pending in Criminal Petition no.8833/2025. 6. That, the complainant and petitioners have no other claims against each other. 7. That the we both parties have settled our disputes and matter has been, compromised between us in the presence of the well-wisher. 8. That the above offences are compoundable with the permission of this Hon'ble court. 9. That the Petitioner No.2 agree to return an amount of Rs.11 Lakh to the 1st son of complaint after receiving 3 cheques (1st cheque number 459333 – drawn on SBI Bansandra branch, 2nd cheque number 459334 SBI drawn on SBI Bansandra branch and 3rd cheque number 648546 – drawn on Turuvkere branch Karnataka Bank) on or before 22.07.2025 failing which both the parties can seek appropriate action between each other. An MOU shall be executed while returning the amount and cheques between the parties. - 6 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 10. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire FIR basis settlement between the parties. 11. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the best of my knowledge, information and belief. Wherefore it is most respectfully prayed that this Hon'ble may please to: A. Allow application filed u/s 359(2) of BNSS and permit the parties compound the offences. B. Pleased to entire quash the entire FIR in CR. No.55/2025 for the offences punishable under section 353, 351(2) of BNS and Arms Act 1959 (U/S-27) has registered by the respondent police Turuvekere Police, pending on the file of the Senior Civil Judge and JMFC court Turuvekere at Tumkur District in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent Nos.2 and 3, I pass the following: ORDER - 7 - HC-KAR NC: 2025:KHC:24293 CRL.P No. 9036 of 2025 (i) The petition is disposed of in terms of Joint Affidavit dated 04.07.2025. (ii) The proceedings in Crime No.55/2025 of 1st respondent – Police, registered for the offences punishable under Sections 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959, pending on the file of the Senior Civil Judge and JMFC, Turuvekere, Tumkur District, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 5 Sl No.: 26