- 1 - HC-KAR NC: 2025:KHC:46436 CRL.P No. 4253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO.4253 OF 2025 BETWEEN: 1. S.M. MOHAMMED @ N.M. MUHAMMAD S/O B. ABBU, AGED ABOUT 51 YEARS, R/AT UPPERGHAR, KILPADY VILLAGE, MULKI POST, MANGALORE - 574 154. ALSO AT: NO. 1-86, AFFERGHAR HOUSE, NEAR MILK SOCIETY, RED HILL, KILPADY MULKI, D.K. DISTRICT - 574 154. 2. MEHAR BANU, W/O NOORULLA HUSSAN, AGED ABOUT 58 YEARS, R/AT "NAVGHAR", KILAPDY VILLAGE, MULKI POST, MANGALORE - 574 154. ALSO AT: NO 1-84, KEMPUGUDDE ROAD, KILPADY, MULKI, D.K. DISTRICT - 574 154. …PETITIONERS (BY SRI. ROHAN S., ADVOCATE FOR SRI. BALAKRISHNA M. R., ADVOCATE) AND: DILSHAD BEGUM A. S. W/O. SYYAD ALTHAF, AGED ABOUT 55 YEARS, R/A: LITTLE FLOWER, BALMATA ROAD, MANGALORE, D. K. DISTRICT - 575 002. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46436 CRL.P No. 4253 of 2025 THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF REGISTRATION OF CRIMINAL CASE DATED 17.01.2017 IN C.C.NO.266/2023 PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 379, 425, 427, 434, 441, 503, 504, 506 READ WITH SECTION 120B OF IPC BASED ON THE PRIVATE COMPLAINT FILED BY RESPONDENT AS AGAINST THE PETITIONERS IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER Petitioners who were arraigned as accused Nos.19 and 20 in C.C. No.266/2023 pending before the Senior Civil Judge and JMFC., Moodabidri for the offences punishable under Sections 379, 425, 427, 434, 441, 503, 504, 506 read with Section 120B of the Indian Penal Code, 1860 (for short, ‘IPC’) are before this Court seeking to quash the proceedings initiated against them. 2. Learned counsel for the petitioners submitted that in Crl.P. No.9704/2018 and Crl.P. No.13385/2023, this Court - 3 - HC-KAR NC: 2025:KHC:46436 CRL.P No. 4253 of 2025 in similar facts and circumstances, had quashed the proceedings initiated against the accused No.7 and accused Nos.2, 4, 5, 6, 8, 9, 11, 12, 14, 15, 16, 17, 18 respectively, in terms of orders dated 12.09.2023 and 09.08.2024 respectively. He, therefore, submits that the petitioners are also similarly placed and proceedings against them be quashed. 3. The respondent though served with notice of the proceedings has not entered appearance. 4. Since this Court has taken a view in Crl.P No.13385/2023 that the private complaint lodged by the respondent, cognizance of which was taken by the Trial Court for the offences punishable under Sections 379, 425, 427, 434, 441, 503, 504, 506 read with Section 120B of IPC, was an abuse of the process of Court, the petitioners are also entitled to be treated similarly. Accordingly, the Petition is allowed. The prosecution of the petitioners / accused Nos.19 and 20 in C.C. No.266/2023 pending on the file of the Senior Civil Judge and JMFC., Moodabidri for the offences punishable under Sections 379, - 4 - HC-KAR NC: 2025:KHC:46436 CRL.P No. 4253 of 2025 425, 427, 434, 441, 503, 504, 506 read with Section 120B of the Indian Penal Code, 1860 is quashed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 44