- 1 - HC-KAR NC: 2025:KHC:39185 CRL.P No. 13641 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13641 OF 2025 BETWEEN: MR. AFTAB @ MOHAMMED AZEEM AFTAB S/O MOHAMMED ADIL AGED ABOUT 24 YEARS R/AT NO.52, 4TH CORSS, VINOBANAGARA, KG HALLI, BENGALURU - 560 045. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGONDANAHALLI POLICE STATION BENGALURU CITY - 560 045 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001) 2. MR. ZIAULLA KHAN S/O PYARE JAN AGED ABOUT 46 YEARS R/AT NO.918, 10TH CORSS, VINOBHA NAGAR, BEHIND POLICE STATION, KG HALLI, BENGALURU - 560 045. 3. MR. RABBIBULLA KHAN S/O SUBHANULLA KHAN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39185 CRL.P No. 13641 of 2025 AGED ABOUT 30 YEARS R/AT NO.918, 10TH CORSS, VINOBHA NAGAR, BEHIND POLICE STATION, KG HALLI, BENGALURU - 560 045 …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR SRI. ANOOP KUMAR, HCGP FOR R1; SRI. CHETHAN PATEL G.J, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PETITION AND QUASH THE FIR IN CRIME NO.274/2025 ON THE FILE OF THE HONBLE 10tH ADDL CMM COURT, MAYO HALL BENGALURU CITY OF KADUGONDANA HALLI POLICE STATION, FOR THE OFFENCE P/US/ 109, 3(5), 351(3), 352 OF BNS 2023 AND ALL CONSEQUENTIAL PROCEEDINGS AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the younger brother seeking quashing of the proceedings pending in Crime No. 274/2025 for the offence punishable under Sections 109, 3(5), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:39185 CRL.P No. 13641 of 2025 2. On the previous occasion, this matter was adjourned to ascertain whether respondent No.2/complainant, who is the elder brother of the petitioner, had sustained grievous injuries. Today, on instructions, the learned Additional SPP submits that the injuries sustained by respondent No.2 are simple in nature. Respondent No.2/complainant, who is present before this Court, also submits that the incident arose out of a scuffle between cousin brothers, and at the intervention of family members and elders, the matter has been amicably settled. He further states that he intends to withdraw all allegations. Having regard to the fact that the injuries are simple in nature and the dispute is between close family members, this Court deems it appropriate to exercise its inherent jurisdiction under Section 482 of Cr.P.C. 3. Since the complainant has himself stated that he has suffered only simple injuries and does not wish to pursue the proceedings, this Court is of the view that continuation of the prosecution would amount to abuse of process. Even otherwise, in light of the submissions of the learned Additional SPP and the statement of the complainant, the ingredients of Section 109 - 4 - HC-KAR NC: 2025:KHC:39185 CRL.P No. 13641 of 2025 IPC are not made out. Accordingly, the proceedings deserve to be quashed. 4. For the foregoing reasons, this Court passes the following: ORDER i. The criminal petition is hereby allowed; ii. The proceedings in Crime No.274/2025 pending on the file of the X Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, insofar as the petitioner is concerned, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 56 CT: BHK