Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57628 (KAR)

NASRUDDIN ALIAS FAIROZ v. STATE BY D J HALLI P S

CRL.P/9691/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26398 CRL.P No. 9691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9691 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: NASRUDDIN ALIAS FAIROZ, S/O FAKRUDDIN, AGED ABOUT 37 YEARS, R/AT FLOOR 37A, GOVA GARDEN CROSS, DEVARAJEEVANAHALLI, BANGALORE – 560 045. …PETITIONER (BY SRI. FAZIL AHMED, ADVOCATE) AND: 1. STATE BY D. J. HALLI P. S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE – 560 001. 2. KALEEM, S/O INTIYAZ, AGED ABOUT 26 YEARS, R/AT NO. 249, ROSHAN NAGAR, NEAR MECCA MASJID, D. J. HALLI, BANGALORE – 560 045. …RESPONDENTS (BY SRI. B. N. JAGADEESH, ADDL. SPP FOR R1; SRI. IMRAN G., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.104/2024 (C.C.NO.64972/2024) FOR OFFENCE UNDER SECTION 307, 506, 504 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26398 CRL.P No. 9691 of 2025 OF IPC AGAINST THIS PETITIONER, PENDING ON THE FILE OF THE HONOURABLE 11TH ACMM COURT, BANGALORE. 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, the petitioner seeks the following relief: “Wherefore, it is most humbly prayed that this Hon’ble Court may be pleased to quash the FIR in Crime No.104/2024 (C.C.No.64972/2024) for the offence under sections 307, 506, 504 of IPC against this petitioner, pending on the file of Hon’ble 11th A.C.M.M. Court, at Bangalore, in the ends of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 - complainant have filed an Application under Section 320(2) of the Code of Criminal Procedure along with Joint Affidavit, dated 15.07.2025, duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2 – complainant and their respective counsel are physically present before the Court - 3 - HC-KAR NC: 2025:KHC:26398 CRL.P No. 9691 of 2025 and they admit the contents of the aforesaid Application and Affidavit, which read as under:- “APPLICATION FILED UNDER SECTION 320 (2) OF THE CODE OF CRIMINAL PROCEDURE The Petitioner / accused person and the Respondent No.2 / Complainant submit as follows:- 1. This application is filed seeking permission to compound the offences punishable U/s 307, 201, 504 and 506 of IPC, in Crime No.104/2024 (C.C.No.64972/2024) pending before the 11th Addl. Chief Metropolitan Magistrate at Bangalore. 2. It is submitted that at the intervention of the elders of both sides have reconciled all the differences between the parties and compromised the aforesaid disputes in order to bring the peace between the parties. Accordingly the 1st petitioner and the 2nd Respondent have compromised their dispute. 3. In view of the settlement arrived at, the 2nd Respondent/complainant has no wish to continue the criminal proceedings initiated by him and has no objection for quashing the proceedings against the petitioner. Since the alleged offences are punishable U/s 307, 201, 504 and 506 of IPC & which are non-compoundable, without permission of this Hon’ble Court, this application is filed seeking permission to compound the above said offences. 4. The petitioners and the complainant / Respondent No.2 have understood the contents of this application and out of their free will, volition and without any fear, force, threat or coercion, have affixed their signatures to this application. - 4 - HC-KAR NC: 2025:KHC:26398 CRL.P No. 9691 of 2025 Wherefore, it is prayed that this Hon’ble Court be pleased to allow the application and Quash the proceedings in Crime No.104/2024 (C.C.No.64972/2024) for the offence under section 307, 201, 504 and 506 of IPC against this petitioner, pending on the file of Hon’ble 11th A.C.M.M. Court, at Bangalore, in the ends of justice.” “JOINT AFFIDAVIT We, Nasruddin alias Fairoz, S/o Fakruddin, Aged about 37 years, R/at No.Floor 37A, Gova Garden Cross, Devarajeevanahalli, Bangalore – 560 045 and Kaleem S/o Intiyaz, Aged about 26 years, R/at # 249, ROshan Nagar, Near Mecca Masjid, D.J. Halli, Bangalore – 560 045, do hereby solemnly affirm and state on oath as follows: 1. I Nasruddin alias Fairoz, Accused/petitioner in the above case and I Kaleem, Respondent No.2/complainant in the above case, we are fully conversant with the facts of the case and we are swearing to this affidavit. 2. We submit that, we have filed an application u/s 320 R/w 482 CRPC to compound the offences in the above criminal petition. 3. We submit that, we have settled our disputes and matter has been compromised between us in the present of the well-wisher. 4. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the bewt of our knowledge, information and belief. - 5 - HC-KAR NC: 2025:KHC:26398 CRL.P No. 9691 of 2025 1. Allow application filed u/s 320 of CRPC and permit us compound the offences. 2. Pleased to allow the application and Quash the proceedings in Crime No.104/2024 (C.C.No.64972/2024) for the offence under sections 307, 201, 504 and 506 of IPC against this petition, pending on the file of Hon’ble 11th A.C.M.M. Court, at Bangalore, in the ends of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of the Joint Application under Section 320(2) of the Code of Criminal Procedure along with Joint Affidavit, dated 15.07.2025. (ii) The proceedings in C.C.No.64972/2024 (arising out of Crime No.104/2024 of 1st respondent – Police) registered for the offences punishable under Sections 307, 506, 504 of IPC pending on the file of 11th ACMM Court, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC