- 1 - NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100183 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHEKBABA @ FRUIT BABA, S/O. SHAKEHUSSAIN AGE. 32 YEARS, OCC. BUSINESSMAN, R/O. WARD NO.12, LINGARAJ CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 2. ZUBAIR @ ZABEER S/O. KHALEELSAB AGE. 37 YEARS, OCC. BUSINESSMAN, R/O. WARD NO.09, 05TH CROSS, LINGARAJ CAMP, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 3. MUSTAFA KHURESHI @ MUSTAFA S/O. BAGADADSAB, AGE. 27 YEARS, OCC. BUSINESSMAN, R/O. WARD NO. 07, ANGADI SANGANNA CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 4. KHADEER @ SHAKE KHADEER S/O. K M RAVUF AGE. 26 YEARS, OCC. ELECTRICIAN, R/O. WADDRAHATT, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 5. KHDDAR BASHA @ SADDAM @ KHDARSAB, S/O. VALISAB, AGE. 29 YEARS, OCC. SALESMAN, R/O. WARD NO. 22, AMBEDKAR NAGAR, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:39 +0530 - 2 - NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025 6. YUSUF @ MAHAMAD YUSUF PASHA S/O. RAJA HUSSINSAB, AGE. 29 YEARS, OCC. SALESMAN, R/O. WARD NO. 22, AMBEDKAR NAGAR, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 7. ASIF @ MAHAMAD KASIM S/O. MOHAMMAD KHADAR, AGE. 24 YEARS, OCC. DRIVER, R/O. WARD NO. 24, LAKSHMI CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 8. SADIK @ SADIK PAINTER S/O. MEHABOOBSAB AGE. 35 YEARS, OCC. PAINTER, R/O. WARD NO.17, AMAR BHAGAT SING NAGAR, GNAGAVATI, TQ. GANGAVTI, DIST. KOPPAL-583227. 9. ANSAR @ M ANVAR BASHA S/O. M BASHA AGE. 28 YEARS, OCC. BUSINESSMAN, R/O. WARD NO. 05, NEAR MARKET KILLA AREA, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 10. HANEEF @ MAHAMAD HANEEF S/O. CHOTAVALISAB @ CHOTESAB, AGE. 31 YEARS, OCC. OTHER PI SPECIFY, R/O. WARD NO. 08, PRASHANT NAGAR, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 11. SAYYAD @ FRUIT SAYYAD @ SAYYADBASHA S/O. SHAKE HUSSAINPEER, AGE. 42 YEARS, OCC. SALESMAN, - 3 - NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025 R/O. BANNIGIDA CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. 12. SHOCUP GARE MAKSOOD @ MAKBUL AMHAMD S/O. ABDUL KHADARSAB, AGE. 30 YEARS, OCC. MECHANIC, R/O. NEAR BILLA MASJID, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. …PETITIONERS (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH TOWN P.S. GANGAVATI. 2. MAHMAD IMTIYAZ, S/O. ABDUL NAZEER AGE. 26 YEARS, R/O. MAHEBOOB NAGAR, GANGAVTI, TQ. GANGAVATI, DIST. KOPPAL-583227. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. D.V.PATTAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.437/2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC GANGAVATI ARISING OUT OF CRIME NO. 199/2021 REGISTERED BEFORE TOWN GANGAVATI POLICE STATION FOR AN OFFENCE P/U/SEC. 143, 147, 341, 323, 504, 506 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. D.V.Pattar, learned counsel, files power on behalf of respondent No.2. 2. The petitioners/accused, who have been charge- sheeted for offences punishable under Sections 143, 147, 341, 323, 504, and 506 read with Section 149 of the Indian Penal Code, 1860, are before this Court. 3. The prosecution alleges that while the complainant was riding his motorcycle, the petitioners/accused, by forming an unlawful assembly, stopped him, detained him, and abused him in filthy language—warning him not to take an active part in the PFI organization—and then slapped him. 4. The parties, namely the petitioners/accused and the complainant, are present before this Court and have filed an application for compounding the offences, stating that they have amicably resolved their dispute. In terms of the settlement, respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the proceedings initiated against the petitioners, in order to put a quietus to the dispute and prevent further hostility. The application is placed on record. 5. Although the charge-sheet material discloses the commission of the alleged offences and the veracity of the allegations should be considered at trial, the fact that the parties - 5 - NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025 have amicably settled the dispute—and that respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the proceedings—renders a trial futile. The probability of a conviction is remote and bleak in view of the settlement reached by the parties. Under these circumstances, the continuation of criminal proceedings against the petitioners/accused would be an abuse of the process of law. 6. Hence, I pass the following: ORDER i) Accordingly, the petition is allowed. ii) The impugned proceedings in C.C. No.437/2023 pending on the file of the Principal Civil Judge and JMFC, Gangavathi, insofar as it relates to accused/petitioners herein, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. KMS Ct:vh List No.: 4 Sl No.: 1 Sd/- (HEMANT CHANDANGOUDAR) JUDGE