- 1 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2711 OF 2025 BETWEEN: 1. SRI. KHAJA @ KHAJA MOHIDDIN S/O BASHEER AHMED AGED ABOUT 30 YEARS (PRESENT AGE) R/AT NO.2, MOHAMMADIYAR STREET, DOOM LIGHT STADIUM STREET, TIRUPPUR, TAMIL NADU-641 604 2. SRI.ISMAIL @ MOHAMMED ISMAIL S/O BASHEER AHMED AGED ABOUT 35 YEARS, R/AT NO.2146, TURAB ALI STREET, MANDI MOHALLA, MOHALLA-570 001 3. SRI.KHALEEL @ KHALEEL REHAMAN HITHER ALI S/O HITHER ALI AGED ABOUT 19 YEARS, R/AT NO.71/33, GULAM RASUL STREET, KEERANUR, PALANI, DINDIGUL DISTRICT TAMIL NADU-624 616 4. SHAKIB @ MOHAMMED SHAKIB S/O MOHAMMED KALEEM AGED ABOUT 28 YEARS R/AT NO.1998, TURABALI, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 4TH CROSS, MANDI MOHALLA, MYSORE-570 001 … PETITIONERS (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANDI POLICE STATION, MYSORE CITY, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. SRI.MOHAMMED NAWAZ MOHAMMED AJMAL AGED ABOUT 22 YEARS, NO.45, RATION STORE, NEAR BADAMAKAN NR MOHALLA, MYSURU CITY-570 007 (ADDRESS OF THE PETITIONERS AND RESPONDENTS IS AS PER FIR AND AADHAR CARD) … RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI VENKATESH SOMAREDDY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR INITIATED AS AGAINST THE PETITIONER NO.1 TO 4 IN CR. NO.93/2024 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT AT MYSORE FILED BY RESPONDENT NO.1 MANDI POLICE STAION MYSORE FOR THE OFFENCES P/U/S. 115(2), 118(1), 109, 3(5) OF BNS. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 ORAL ORDER In this petition, the petitioners have sought for the following reliefs:- "Wherefore the petitioner No.1 to 4 most humbly pray that this Hon'ble Court may kindly be pleased to quash the FIR initiated as against the Petitioner No.1 to 4 in CR No.93/2024 pending on the file of Prl. Civil Judge (Jr.Dn.) and JMFC Court at Mysore filed by respondent No.1 Mandi Police Station, Mysore for the offences p/u/s 115(2), 118(1), 109, 3(5) of BNS. in the interest of justice and equity." 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for respondent No.2 – complainant have filed a Joint application - I.A.No.1/2025 along with Affidavits of petitioner No.1 and respondent No.2. Same are taken on record. 3. Petitioner Nos.1 to 4 – accused Nos.1 to 4 and respondent No.2 and their learned counsel are physically - 4 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 present before the Court and they admit the contents of Affidavits. The application and Affidavits read as under:- "APPLICATION UNDER SECTION 528 READ WITH SECTION 359 0F THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FILED BY PETITIONERS AND RESPONDENT NO.2 'Petitioners and Respondent No.2 jointly submit as follows: 1. Petition is filed seeking quashing of the FIR in CR No.93/2024 pending on the file of The Prl Civil judge (Jr.Dn) and JMFC Court at Mysore For The Alleged Offences punishable under Sections 115(2), 118(1),109,3(5) of BNS. 2. Respondent No.2 is the victim and also his friends in Crime No.93/2024 of Mandi police Station and the case is pending for investigation on the file of the Prl Civil judge (Jr.Dn) and JMFC Court at Mysore. 3. It is submitted that the petitioners also have given complaint against the respondent no.2 and the same has been registered as NCR before the Respondent No.1 Mandi P.S and the said case is also compromised and the same would be closed before the respondent no.1 Mandi P.S. 4. Petitioners and Respondent No.2 are friends and they do not wish to proceed with the matter and they intend to close the disputes and live in harmony. The alleged incident does not attract the provisions of section 115(2) of BNS. the same is initiated under certain misconception. There are no serious injuries suffered by Respondent No.2 on account of the alleged incident. 5. It is submitted that the primary dispute between the parties is with regard to misconception of personal matters and the same is also amicably resolved. - 5 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 6. Petitioners and Respondent No.2 have resolved the disputes between them and do not wish to continue the proceedings and seek to close the proceedings. It is prayed that this Hon'ble Court may kindly be pleased to permit the petitioners and Respondent No.2 to compound the offences and quash the FIR in CR.No.93/2024 pending on the file of The Prl Civil judge (Jr.Dn) and JMFC Court a Mysore. For The Alleged Offences punishable unde Sections 115(2), 118(1), 109, 3(5) of BNS. in the interest of justice and equity. AFFIDAVIT We, 1. Khaja @ Khaja Mohiddin, S/o Basheer Ahmed Aged about 30 years, R/at No.2, Mohammadiyar Street, Doom Light Stadium street, Tiruppur, Tamil Nadu-641 604 to day at Bangalore 2. Ismail @ Mohammed ismail, S/o Basheer Ahmed, Aged about 35 years, R/at No.2146, Turab Ali street, Mandi Mohalla, Mohalla-570 001. 3. Khaleel @ Khaleel rehaman Hither ali, S/o Hither Ali Aged about 19 years, R/at No.71/33, Gulam Rasul Street, Keeranur, Palani, Dindigul District Tamil Nadu- 624 616. 4. Shakib @ Mohammed Shakib S/o Mohammed kaleem aged 28 years, S/o Mohammed Kaleem Aged about 28 years R/at No.1998, Turabali, 4th Cross, Mandi Mohalla, Mysore-570 001 today having come to Bengaluru, do solemnly swear as follows: We say that we are the Petitioners and accused No.1 to 4 in the impugned proceedings we are conversant with the facts and circumstances of the matter. We say that the averments made in the accompanying application are correct and true to the best of my knowledge. - 6 - NC: 2025:KHC:8538 CRL.P No. 2711 of 2025 We say that the compromise entered by us is out of own volition and there is no coercion, undue influence or force. Wherefore, it is prayed that this Hon'ble Court may kindly be to allow the accompanying application and be pleased to permit the petitioners and Respondent No.2 to compound the offences and quash the FIR in CR No.93/2024 pending on the file of The Prl Civil Judge (Jr.Dn) and JMFC Court at Mysore. For The Alleged Offences P/U/S 115(2), 118(1), 109, 3(5) of BNS. in the interest of justice and equity. AFFIDAVIT I Sri. Mohammed Nawaz S/o Mohammed Ajmal, Aged about 22 years, No.45, Ration Store, Near BadaMakan, NR Mohalla, Mysuru City-570 007, today at Bangalore do solemnly swear as follows: 1. I say that I am the complainant and victim in the present case and I am well conversant with the facts and circumstances of the matter. 2. I say that the averments made in the accompanying application are correct and true to the best of my knowledge. 3. I say that the compromise entered by me is out of my own volition and there is no coercion, undue influence or force. Wherefore, it is prayed that this Hon'ble Court may kindly be to allow the accompanying application and be pleased to permit the petitioners and Respondent No.2 to compound the offences and quash the FIR in C.R No.93/2024 pending on the file of The Prl Civil Judge (Jr.Dn) and JMFC Court a Mysore For The Alleged Offences P/U/S 115(2), 118(1) 109, 3(5) of BNS. in the interest of justice and equity." - 7 - NC: 2025:KHC:8538 CRL.P No. 2711 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 I.A.No.1/2025 duly accompanying affidavits dated 27.02.2025; (ii) The proceedings in Crime No.93/2024 registered by 1st respondent – Mandi Police Station for the offences punishable under Sections 115(2), 118(1), 109, 3(5) of BNS pending on the file of Prl. civil Judge (Jr.Dn.) and JMFC Court, Mysore, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VGR