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2025 DAILYLAW 55789 (KAR)

MR MOHAMMED SAHIL HUSSAIN v. STATE OF KARNATAKA

CRL.P/6489/2024 · 2025-07-22

S R Krishna Kumar

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27634 CRL.P No. 6489 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6489 OF 2024 BETWEEN: MR. MOHAMMED SAHIL HUSSAIN, S/O SAJJID HUSSAIN, AGED ABOUT 26 YEARS, R/AT MOHAMMADIYA COTTAGE, PATWADI, UPPALA POST, MANJESHWARA, KASARAGOD, KERALA – 671 324. …PETITIONER (BY SRI. AJAY PRABHU M., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ULLALA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 01. 2. MRS. AISHWARYA BANGERA, W/O NISHITH, AGED ABOUT 26 YEARS, NISHIT NILAYA, PILIKOORU HOUSE, TALAPADY, MANGALURU CITY – 575 023. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R-1; SMT.SWASTIKA SAI M., ADVOCATE FOR SRI.NITIN A.M., ADVOCATE FOR R-2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27634 CRL.P No. 6489 of 2024 THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.2831 OF 2019 ON THE FILE OF THE COURT OF JMFC (VII COURT) MANGALURU REGISTERED FOR THE OFFENCE P/U/S 509 AND 354(D) OF IPC AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: " Wherefore, the petitioner most respectfully prays that this Hon'ble Court be pleased to quash entire proceedings in C.C.No.2831 of 2019 on the file of the Court of JMFC (VII Court) Mangaluru registered for the offence p/u/s 509 and 354(D) of IPC against the petitioner." 2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 - State and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:27634 CRL.P No. 6489 of 2024 3. A perusal of the material on record will indicate that, respondent No.2 - complainant filed the impugned complaint registered as an FIR dated 27.04.2019 in Crime No.48/2019 for the offences punishable under Sections 354D and 509 of IPC, which is currently pending adjudication in C.C.No.2831/2019, on the file of JMFC (VII Court), Mangaluru. 4. Learned counsel for the petitioner submits that the petitioner is currently residing and working in Dubai and he would not commit the alleged offences as against the respondent No.2, nor trouble, harass or annoy the respondent No.2, in any manner whatsoever, in future. 5. The submission is placed on record. 6. Learned counsel for respondent No.2 - complainant submits that in the event the petitioner undertakes not to commit the alleged offences against the respondent No.2 nor trouble, harass or annoy her, the - 4 - HC-KAR NC: 2025:KHC:27634 CRL.P No. 6489 of 2024 respondent No.2 has no objection for the impugned proceedings against him being quashed. 7. In view of the joint submission made by both sides, in order to secure the ends of justice, I deem it just and appropriate to quash the impugned proceedings. 8. In the result I pass the following: ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings pending in C.C.No.2831/2019 (arising out of Crime No.48/2019 of Ullal Police Station), now pending on the file of the JMFC (VII Court), Mangaluru, for the offences punishable under Sections 354D and 509 of IPC, qua the petitioner herein/accused, are hereby quashed, subject to the condition that the petitioner/accused shall not commit the alleged offences nor trouble, - 5 - HC-KAR NC: 2025:KHC:27634 CRL.P No. 6489 of 2024 harass or annoy the respondent No.2, in any manner, whatsoever, in future. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 7