- 1 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14397 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED IBRAHIM S/O. ABDUL SAMAD, AGED ABOUT 35 YEARS, R/AT NO.71, SLATER HOUSE, SULTHAN JIGUNTA ROAD, SHIVAJINAGAR, BANGALORE – 560 051. 2. TAJAMUL SHAREEF, S/O. BHASHA JHAN, AGED ABOUT 32 YEARS R/AT NO.9, 1ST STREET, NEAR GOLDEN CHICKEN SHOP, NALA ROAD, SHIVAJINAGAR, BANGALORE – 560 051. …PETITIONERS (BY SRI. CHIRAG U., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAJINAGAR POLICE STATION, BANGALORE CITY, REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001. 2. MUKTHIYAR PASHA, S/O. HUSSAIN SAB, AGED ABOUT 28 YEARS, R/AT NO.24, 5TH CROSS, NEAR GHOUSIYA MASJID, MAZHAR LAYOUT, BUDANSAB PALYA, BAGLOOR, BENGALURU – 562 149. …RESPONDENTS (BY SRI. THEJESH P., HCPG FOR R1; SRI. GURUSANDEEP @ SINGH, ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.52178/2024 ON THE FILE OF 29TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU OF SHIVAJINAGAR POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 341, 384, 506 R/W 34 OF IPC WHICH IS PRODUCED AT ANNEXURE-A IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, 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 pray that this Hon’ble Court be pleased to quash the entire proceedings against the petitioners in C.C.No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bengaluru of Shivajinagar Police Station, for the offence punishable under Section 323, 341, 384, 506 r/w 34 of IPC which is produced as Annexure- A, in the above case, in the interests of justice..” 2. Learned counsel for the petitioners – accused Nos.2 and 3 and learned counsel for respondent No.2 – complainant have filed I.A.1/2025 along with separate affidavits of petitioners and respondent No.2 and the application is duly signed by learned counsel for the petitioners and learned counsel for respondent No.2 and the same is taken on record. - 3 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 3. Petitioners – accused Nos.2 and 3 and their counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of their respective Affidavits. 4. The Affidavit filed by the petitioners, reads as under:- “AFFIDAVIT “I, Mohammed Ibrahim, S/o. Abdul Samad, aged about 35 years, R/at No.71, Slater House, Sulthan Jigunta Road, Shivajinagar, Bangalore – 560051, today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I, Tajamul Shareef, S/o Bhasha Jhan, Aged about 32 years, R/at: No.9, 1st Street, Near Golden Chicken Shop, Nala road, Shivajinagar, Bangalore – 560051, today at Bengaluru do hereby solemnly affirm and state on oath as follows. 3. We state that, we are the petitioners in the above case we know the facts and circumstances of the case. Hence, we are deposing hereunder. 4. We state that, we and the complainant are known to each other from several years. 5. We state that, we had financial transactions with the second respondent and due to misunderstanding in the financial transaction the complainant has filed complaint on ill advice of the relatives, without knowing the consequences. 6. We state that, we are working at Chicken Shop in Bangalore and obedient citizen and we are known to each other. - 4 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 7. We state that, due to misunderstanding between us in the financial transaction, the second respondent had approached the police and filed complaint without knowing the consequences. 8. We state that, we settled our misunderstanding with the intervention of relatives and friends and we have no objection to quash the Chargesheet and Proceedings. Wherefore, we pray that, this Hon’ble Court may be pleased to permit us and the Respondent to compound the offence consequently, quash the proceedings in C.C.No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bengaluru of Shivajinagar Police Station, Bangalore for the offence punishable under section 323, 341, 384, 506 r/w 34 of IPC, which is produced as Annexure-A, in the interest of justice.” 5. The Affidavit filed by respondent No.2, reads as under:- “AFFIDAVIT “I, Mukthiyar Pasha, S/o. Hussain Sab, aged about 28 years, R/at: No.24, 5th Cross, Near Ghousiya Masjid, Mazhar Layout, Budansab Palya, Bagloor, Bengaluru – 562149, now at Bengaluru do hereby solemnly affirm and state on oath as follows. 1. I state that, I am the complainant in the above case I know the facts and circumstances of the case. Hence, I am deposing hereunder. 2. I state that, I and the petitioners along with Accused No.1 is known to each other from several years. - 5 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 3. I state that, I had financial transactions with the petitioners and due to misunderstanding in the financial transaction I have filed complaint on ill advice of the relatives, without knowing the consequences. 4. I state that, we settled our misunderstanding with the intervention of relatives and friends and we have no objection to quash the charge sheet and proceedings against the petitioners. 5. I state that, due to intervention of elders, the dispute had been solved between me and the petitioners and with the ill advice of the relatives I had filed the complaint against the petitioners and now I have no intention to prosecute the petitioners. 6. I state that, I have no objection to quash the charge sheet and proceedings against the petitioners. 7. I state that, I know the contents of the affidavit, I have signed this affidavit with my free consent without any force, threat, coercion and undue influence. Wherefore, I pray that, this Hon'ble Court may be pleased to permit the Petitioner and the Respondent to compound the offence consequently, quash the proceedings in CC No.52178/2024 on the file of 29th Additional Chief Metropolitan Magistrate, Bangalore of Shivajinagar Police Station, Bangalore for the offence punishable under Sections 323, 341, 384, 506 r/w 34 of IPC which is produced as Annexure-'A', in the interests of justice.” - 6 - NC: 2025:KHC:5310 CRL.P No. 14397 of 2024 6. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Affidavits dated 05.02.2025. (ii) The proceedings in C.C.No.52178/2024 (arising out of Crime No.138/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 341, 384, 506 r/w 34 of IPC, pending on the file of XXIX Addl. Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 4 Sl No.: 1