MR. MOHAMMED SALIHA @ M BABU v. STATE BY KARNATAKA
CRL.P/2599/2025 · 2025-02-25
S R Krishna Kumar
body2025
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[ 2025 DAILYLAW 45924 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45924 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8603 CRL.P No. 2599 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2599 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
MR. MOHAMMED SALIHA @ M BABU AGED ABOUT 50 YEARS, S/O. Y. MUSA, RESIDING AT NO. 331, 14TH CROSS, CHANDRA LAYOUT, ARUNDATHI NAGAR,
NAGARBHAVI, BANGALORE-560 072.
2.
MR. IMRUDEEN @ BABU @ BIG BABU AGED ABOUT 42 YEARS, S/O. LATE SYED HUSSAIN, RESIDING AT NO. 22A,
ALATHUR, DHADHAMIYAN STREET,
DHARNAM PET,
GUDIYATHAM, VELLORE, TAMIL NADU-632 602. …PETITIONERS (BY SRI. M. K. METRI, ADVOCATE)
AND:
1.
STATE BY KARNATAKA BASAVANAGUDI WOMEN POLICE STATION, BANGALORE, REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001.
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:8603 CRL.P No. 2599 of 2025
2.
SMT. SATAJ W/O. MR. MOHAMMED SALIHA @ M. BABU, AGED ABOUT YEARS, NO. 718/1, 1ST FLOOR, 9TH CROSS, HIDAYATH NAGAR, K. G. HALLI, ARABIC COLLEGE POST, BANGALORE-560 045. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. MOHAMED AFROZ, ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENTS IN C.C.NO.23479/2024 ARISING OUT OF CRIME NO.0092/2023 BASAVANAGUDI WOMENS POLICE STATION PENDING ON THE FILE OF THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, FOR THE OFFENSES PUNISHABLE UNDER SECTION 498(A), 504 AND 109 IPC 1860.
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:-
“a) Quash the entire proceedings initiated by the Respondents in C.C.No.23479/2024 arising out of Crime No.0092/2023 Basavanagudi Women’s Police Station pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498(A), 504 and 109 IPC, 1860. b) May pass any other Order / Orders or issue any Direction / Directions as this Hon’ble Court deems fit in the
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NC: 2025:KHC:8603 CRL.P No. 2599 of 2025
facts and circumstances of the case, in the interest of justice and equity.”
2.
Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 25.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 and 2, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:-
“JOINT MEMO The petitioners and respondent no.2 are most respectfully submits as follows:
1. It is submitted that the petitioners and respondent no.2 are filing this joint memo of compromise before this Hon'ble court.
2. It is submitted that due to the intervention of the elders and the family members of the petitioner's and respondent no.2, both the parties have decided to enter a compromise and the both parties have no objection for quashing of the criminal case in CC.No.23479/2024 pending on the file of 24th Addl. Chief Metropolitan Magistrate, (Old
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NC: 2025:KHC:8603 CRL.P No. 2599 of 2025
Court name 37th ACMM), Bangalore (Cr.No.92/2023) for the offence punishable under section 498A, 504 and 109 of IPC- 1860 against the petitioners at Basavangudi Women PS by way of mutual understandings which are stated in this Compromise petition before this Hon'ble court.
3. It submitted that both parties have agreed to compromise this case and respondent no.2 has no objection for the same.
4. It is submitted that the respondent no.2 has agreed without force or coercion that they have no objection on quashing of the FIR and Charge sheet in CC.No.23479/2024 pending on the file of 24th Addl. Chief Metropolitan Magistrate, (Old Court name 37th ACMM), Bangalore (Cr.No.92/2023) for the offence punishable under section 498A, 504 and 109 of IPC-1860 against the petitioners at Basavangudi Women PS by way of mutual understandings which are stated in this Compromise petition before this Hon'ble court in the interest of justice and equity.”
4. 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 Joint Memo dated 25.02.2025.
(ii) The proceedings in C.C.No.23479/2024 (arising out of Crime No.92/2023 of 1st respondent – Police) registered for the
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NC: 2025:KHC:8603 CRL.P No. 2599 of 2025
offences punishable under Sections 498-A, 504 and 109 of IPC pending on the file of the 37th Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 125