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2025 DAILYLAW 51143 (KAR)

MOHAMMED ALI SIRAZ @ SIRAZ @ MOHAMMED ALI v. STATE OF KARNATAKA BY

CRL.P/12656/2025 · 2025-09-09

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12656 OF 2025 BETWEEN: 1. MOHAMMED ALI SIRAZ @ SIRAZ @ MOHAMMED ALI S/O SIRAZ AHMED, AGED ABOUT 23 YEARS, RESIDING AT NO. 305, B CROSS, 1ST BLOCK, 3RD MAIN, HRBR LAYOUT, KAMMANAHALLI, ST. THOMAS TOWN POST, BANGALORE - 560 084, 2. RAHIL KHAN @ RAHIL S/O HIDAYATH ULLAKHAN, AGED ABOUT 23 YEARS, RESIDING AT NO. 1042, 13TH CROSS, 1ST STAGE, 3RD BLOCK, HBR LAYOUT, BENGALURU CITY, KARNATAKA-560 043. 3. SYED ZAIN ULL ABIDEEN BABER @SYED ZAIN @ABIDEEN @BABER S/O SYED JAFFAR SADIQ, AGED ABOUT 22 YEARS, RESIDING AT NO.5 AND 6, 2ND CROSS, SULTHAN NAGAR, SHIVAJI NAGAR, BENGALURU CITY, KARNATAKA-560 001. &PETITIONERS (BY SRI. KALEEM SABIR, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 AND: 1. STATE OF KARNATAKA BY GOVINDAPURA P.S. BANGALORE - 560 045. (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA AT BANGALORE-PIN-560001. 2. SHOUAIB ALI KHAN S/O, MOHAMMED NAZEER AHMED, AGED ABOUT 35 YEARS, RESIDING AT- NO.693, 2ND FLOOR, 8TH CROSS, 2ND MAIN, HBR LAYOUT, BENGALURU CITY, KARNATAKA-560 043. 3. UBEDA ALI KHAN, S/O HAMEED ALI KHAN, AGED ABOUT 19 YEARS, RESIDING AT- NO.693, 2ND FLOOR 8TH CROSS, 2ND MAIN, HBR LAYOUT, BENGALURU, KARNATAKA-560043. &RESPONDENTS (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INTIATED AGAINST THEM IN C.C.NO.55615/2024 ON THE FILE OF THE HON'BLE XI ADDL. CMM COURT, MAYO HALL BENGALURU CITY WHICH IS ARISING OUT OF CRIME NO.40/2024 OF GOVINDAPURA POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCE P/US/ 323, 326, 341, 504, 506, 34 OF IPC AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners have filed the present petition seeking quashing of the proceedings pending in C.C.No.55615/2024 for the offences punishable under Sections 323, 326, 341, 504, 506 and 34 of IPC. 2. Today, an application under Section 320 read with Section 482 of the Code of Criminal Procedure has been filed jointly by the accused and the complainant, indicating that the parties have amicably resolved their dispute. It is submitted that, with the intervention of elders from both families, a settlement has been arrived at, pursuant to which the complainant and the accused have mutually agreed to compound the offences. It is further pointed out that the petitioners/accused are students and, therefore, in their interest and for their future prospects, the dispute is given a quietus. - 4 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 3. Learned High Court Government Pleader, on the other hand, has drawn the attention of this Court to the charge sheet materials and submitted that the offence punishable under Section 326 of IPC is not compoundable and carries a severe punishment extending up to life imprisonment. 4. On a careful perusal of the charge sheet records, this Court finds that the specific allegation is that the accused had assaulted the complainant only with their bare hands. The complainant, who is present before this Court, has made a categorical statement that he has withdrawn all allegations and further clarified that he has not suffered any grievous injuries in the alleged incident. 5. Having regard to the statement of the complainant and on examining the charge sheet, it is seen that no dangerous weapon was alleged to have been used in the scuffle. The incident appears to have arisen out of a verbal altercation between the accused and the - 5 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 complainant while they were on the road, which subsequently escalated into a minor physical confrontation. In view of the complainant voluntarily withdrawing the allegations, coupled with the fact that the parties have settled the matter through the intervention of elders, and bearing in mind the fact that the petitioners are young college-going students, this Court is of the considered view that continuation of criminal proceedings would serve no useful purpose and may jeopardise their future. Therefore, it is a fit case to exercise inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings in order to secure the ends of justice. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C. No.55615/2024 on the file of the learned XI Additional CMM, Mayo Hall, Bengaluru, for the - 6 - HC-KAR NC: 2025:KHC:35572 CRL.P No. 12656 of 2025 offences punishable under Sections 323, 326, 341, 504, 506 and 34 of the IPC, insofar as the petitioners are concerned, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 135