Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 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. 9324 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1. SHAHIL, AGED ABOUT 25 YEARS
RESIDING AT NO.2458/1A
EREKATTE STREETS
ASHOKA WEST CROSS,
LASHKAR MOHALLA,
MYSURU CITY – 570 001
2.
HASANAIAH BAIG S/O NASRULLA BAIG
AGED ABOUT 22 YEARS
PRESENT ADRESS: NO.2458/1A
EREKATTE STREETS, ASHOKA WEST CROSS,
LASHKAR MOHALLA,
MYSURU CITY – 570 001
PERMANENT ADRESS OF NO. 2458/1A
ERAKATTE STREET, ASHOKA WEST CROSS,
LASHKAR MOHALLA, MYSURUE CITY – 570 001
3.
MOHAMMED ULLA BAIG @ NAYER, S/O NAYER
AGED ABOUT 42 YEARS
PRESENT ADDRESS NO.67, 2ND CROSS
STREET HOUSE COLONY,
RAMBAI NAGAR,
GORURU MYSORE – 570 008
PERMANENT ADDRESS OF NO. 2458/1A
ERAKATTE STREET, ASHOKA WEST CROSS
LASHKAR MOHALLA
MYSURUE CITY – 570 001
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
4.
SYED SHAUMALUDDIN @ SHUMAAL S/O SYED AZAGAR AGED ABOUT 25 YEARS
PRESENT ADDRESS NO.284, 3RD CROSS,
C BLOCK, GOUSIYA NAGARA,
MYSORE KARNATAKA – 570 019 PERMANENT ADRESS OF NO. 284,
3RD CROSS, C BLOCK, GOUSIYA NAGARA,
MYSORE KARNATAKA – 570 019 …PETITIONERS (BY SRI. AFROZ PASHA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY UDYAGIRI POLICE STATION, REP. BY HGGP, HIGH COURT OF KARNATAKA
HIGH COURT COMPLEX
BENGALURU – 560 001
2.
SYED NADEEM S/O LATE SYED ISMAIL, AGED ABOUT 37 YEARS
RESIDING AT NO. 407,
6TH CROSS, 1ST STAGE,
DR. RAJAKAUMAR ROAD,
SATHAGALLIN LAYOUT,
MYSURU KARNATAKA – 570 019 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1;
SRI. IMRAN G., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.64/2021 (CRIME NO.204/2019) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 307 AND 34 OF IPC REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE I.E., UDAYAGIRI POLICE STATION PENDING ON THE FILE OF THE HON’BLE PRL. DISTRICT AND SESSIONS JUDGE AT MYSURU.
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HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
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, petitioners have sought for the following relief:-
“Wherefore, the Petitioners most respectfully prays that, this Hon’ble Court may be pleased to quash the entire proceedings in S.C.No.64/2021 (Crime No.204/2019) for alleged offences punishable under sections 307 and 34 of IPC registered and charged sheeted by the respondent police i.e. Udayagiri Police Station pending on the file of Hon’ble Principal District and Sessions Judge at Mysore, in the interest of justice and equity.”
2.
Learned counsel for the petitioners – accused Nos.1, 2, 4 and 6 and learned counsel for respondent No.2 – complainant have filed an Application under Section 320(2) of the Code of Criminal Procedure along with Joint Affidavit, dated 04.07.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1, 2, 4 and 6, respondent No.2-complainant and their respective counsel are physically
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HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
present before the Court and they admit the contents of the Joint Affidavit dated 04.07.2025, which reads as under:-
“JOINT AFFIDAVIT We,
1. Shahil S/o Ahmed, aged about 24 years Residing at: No 2458/1A, Erekatte Streets, Ashoka West Cross, Lashkar Mohalla Mysure City – 570 001. 2. Hasanaian Baig S/o Nasrullah Baig, aged about 22 years Presently Residing at No 2458/1A, Erekatte Streets, Ashoka West Cross, Lashkar Mohalla Mysure City – 570 001
3. Mohammed Ulla Baig @ Nayer S/o Nayer, aged about 42 years, Presently Residing at No. 67, 2nd cross Street House colony, Ramabai Nagar, Goruru Mysore – 570 008
4. Syed S. Haumaluddin @ Shumaal S/o Syed Azagar Aged about 25 years, presently residing at No. 284, 3rd Cross, C Block Gousiya Nagar Mysore Karnataka – 570 019 And Syed Nadeem S/o Late Syed Ismail Aged about 37 years Residing at: No 407, 6th Cross 1st stage Dr. Rajkumar Road, Sathagalli Layout Mysuru, Karnataka – 570 019 do hereby solemnly affirm and state on oath as follow. - 5 -
HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
1. We Shahil, Hasanaian Baig, Mohammed Ulla Baig @ Nayer and Syed Shaumaluddin @ Shumaal are the accused/petitioners in the above case and we are fully conversant with the facts of the case and are swearing to this affidavit. 2. I Syed Nadeem I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit. 3. We all submit that, we have filed an application u/s 320(2) CRPC to compound the offences in the above criminal petition. 4. That, the Respondent no. 2 have no disputes with the present petitioners and the FIR is also field on unknown persons and the present petitioners have nothing to do with the alleged incident. 5.
That, I Respondent no.2 have no issues with the present petitioners and I have no objections in quashing the entire proceeding in SC No 64/2021 and we both the parties willing to report the settlement and seeking the quashing of the entire proceeding as settled. 6. That, the complainant and petitioners have no other claims against each other. - 6 -
HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
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, this Hon'ble court have jurisdiction u/s 482 of CRPC to quash the entire proceeding basis settlement between the parties. 10. 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 320 of CRPC and permit the parties compound the offences. B. Pleased to entire quash the entire proceedings in S.C. No.64/2021 (in Crime No 204/2019) for alleged offences punishable under sections 307 and 34 of IPC registered and charged sheeted by the respondent police i.e. Udayagiri Police station pending on the file of Hon'ble Principal District and Session Judge at Mysore in the interest of justice and equity.”
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HC-KAR NC: 2025:KHC:24295 CRL.P No. 9324 of 2025
4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit dated 04.07.2025.
(ii) The proceedings in S.C.No.64/2021 ((arising out of Crime No.204/2019 of 1st respondent – Police) registered for the offences punishable under Sections 307 r/w. Section 34 of IPC, pending on the file of the Principal District and Sessions Judge, Mysore, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC