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2025 DAILYLAW 53890 (KAR)

MOHAMMAD SHAHAL v. THE STATE OF KARNATAKA

CRL.P/14181/2025 · 2025-11-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47399 CRL.P No. 14181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.14181/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MOHAMMAD SHAHAL S/O HAMEED AGED ABOUT 25 YEARS, R/AT NO.2-120/14 KODANGE HOUSE KAVOO, KUCHIGUDDE MANGALORE, D. K.-575015. 2. MOHAMMED SUHAIB S/O SULAIMAN AGED ABOUT 28 YEARS R/AT NO.117-9/3 SHANTHINAGR, KAVOOR, MANGALORE D K DISTRICT-575015. …PETITIONERS (BY SRI. MOHAMMED KALEEM, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY URVA POLICE STATION D K DISTRICT, RE.P BY SPP HIGH COURT BUILDING BENGALURU-560001. 2. VIJAY KUMAR S/O GUNDEGOWDA AGED ABOUT 38 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47399 CRL.P No. 14181 of 2025 R/AT ABIGYANA HOUSE 1ST FLOOR, J B LOBO ROAD 1ST CROSS, MANGALORE D K DISTRICT-575043. …RESPONDENTS (BY SRI.ANOOP KUMAR M.N., HCGP FOR R1 SRI SAMPATH KUMAR A.V., ADV. FOR R2) THIS PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.136/2024, FOR THE OFFENCES P/U/S 323, 504, 307, 506 R/W 34 OF IPC, PENDING ON THE FILE OF 3RD ADDL. DISTRICT JUDGE, MANGALORE, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioners/Accused Nos.1 and 2 in Crime No.102/2023 of Urva Police Station, Mangalore City, now pending in S.C.No.136/2024 on the file of the III Additional District Judge, Mangalore have preferred this petition to quash the entire proceedings. 2. Respondent No.2 lodged a complaint against the petitioners, based on which, aforementioned case was registered for the offences punishable under Sections 323, - 3 - HC-KAR NC: 2025:KHC:47399 CRL.P No. 14181 of 2025 504, 307, 506 read with Section 34 of IPC. On completion of investigation, charge sheet was filed. 3 The petitioners and respondent No.2 are present before the Court. They are identified by their respective learned counsel. 4 An application is filed under Section 482 of Cr.P.C. along with affidavits of petitioners and respondent No.2/defacto complainant. 5. It is stated that respondent No.2 and the petitioners are known to each other from childhood days and they have settled the misunderstanding with the intervention of the elders and friends. Respondent No.2 has stated that he has no objection to quash the entire proceedings. 6. The affidavits filed by the parties are placed on record. 7. It is also pertinent to mention that accused No.3 preferred Criminal Petition No.479/2025 before this Court, - 4 - HC-KAR NC: 2025:KHC:47399 CRL.P No. 14181 of 2025 seeking quashing of the proceedings and the said petition was allowed in terms of the settlement arrived at by the parties on 29.01.2025 and the proceedings are quashed insofar as the said petitioner/accused No.3 is concerned. 8. Though section 307 of IPC has been invoked while registering the case and filing charge sheet, it is noticed as per the wound certificate, the injuries sustained by respondent No.2/complainant are simple injuries. From the material on record, it cannot be said that there was any intention on the part of the accused to do away with the life of the complainant and therefore, essential ingredients of Section 307 of IPC are not prima-facie made out. 9. In view of the settlement entered into between the parties, no useful purpose would be served in continuing the proceedings before the trial Court. The proceedings as against accused No.3 are already quashed by this Court in - 5 - HC-KAR NC: 2025:KHC:47399 CRL.P No. 14181 of 2025 Crl.P.No.479/2025 vide order dated 29.01.2025. Hence, the following: ORDER (i) The petition is allowed. (ii) The entire proceedings in S.C.No.136/2024 pending before the Court of III Additional District Judge, Mangaluru against the petitioners are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE MPK CT:bms List No.: 1 Sl No.: 65