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2025 DAILYLAW 68749 (KAR)

MOHAMMED RAZIQ ULLA v. STATE BY SAMPIGEHALLI PS

CRL.P/13101/2025 · 2025-11-07

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13101 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 13123 OF 2025 IN CRL.P No. 13101/2025 BETWEEN: 1. MOHAMMED RAZIQ ULLA S/O RIYAZ AHMED AGED ABOUT 33 YEARS R/AT NO.32, 2ND F CROSS 2ND STAGE, BOOPASANDRA BANGALORE - 560 024 2. MOHAMMED ABEEB ULLA AGED ABOUT 29 YEARS R/AT NO. 144, 1ST B CORSS NEAR ALL KATHIF COLLEGE BOOPASANDRA BANGALORE - 560 024 3. NISHAD PASHA S/O ABDUL RASHEED AGED ABOUT 40 YEARS 4. MOHAMMED SAKIB S/O HEJER SALEEM AGED ABOUT 25 YEARS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 PETITIONERS NO.3 AND 4 ARE R/AT NO.17, 1ST A CROSS RMV 2ND STAGE BOOPASANDRA BANGALORE - 560 024 5. SYED AYYAN PASHA S/O SYED FAIZ PASHA AGED ABOUT 20 YEARS R/AT NO.1, 3RD CROSS RAMAKKA BLOCK BENSON TOWN BANGALORE - 560 046 6. YASHEER AHMED MASOOD S/O SARDAR MASSOD AGED ABOUT 20 YEARS R/AT NO.5, 14TH A CROSS SHESHADRI ROAD, CHINNAPPA GARDEN BANGALORE - 560 046 7. UMMER SIDDIQ USMANI S/O LATE MOHAMMED SADIQ AGED ABOUT 25 YEARS R/AT NO.17, ARABIC COLLEGE POST, RMV EXTENSION II STAGE, BHOOPASANDRA BANGALORE - 560 024 …PETITIONERS (BY SRI. SADDAM R. MULLA, ADVOCATE FOR SRI. TAHIR, ADVOCATE) AND: 1. STATE BY SAMPIGEHALLI PS REP BY STATE PUBLIC PROSECUITOR OFFICE AT HIGH COURT COMPLEX OPP TO VIDHANA SOUDHA - 3 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 BENGALURU - 560 001 2. MOHAMMED DANIYAL S/O N A AFZAL AGED ABOUT 25B YEARS R/AT NO.03/1, CLARKE ROAD, RICHARDS TOWN BANGALORE - 560 005 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. SYED AKMAL HASAN RAZVI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.23268/2024 ARISING OUT OF CR.NO.150/2024 REGISTERED BY THE RESPONDENT NO.1 SAMPIGE HALLI P.S. AT ANNEXURE-D FOR THE ALLEGED UNDER SECTIONS 143,144,147,323,324,326,504 R/W 149 OF IPC NOW PENDING BEFORE THE HONBLE 41ST A.C.J.M AT BENGALURU WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 7. IN CRL.P NO. 13123/2025 BETWEEN: 1. MOHAMMED DANIYAL S/O NOOR ALI AFZAL AGED ABOUT 25 YEARS R/AT NO.03/1, CLARCK ROAD, RICHARD TOWN BANGALORE- 560 084 2. MOHAMMED ANAS S/O K AMZAD PASHA AGED ABOUT 25 YEARS R/AT NO.07, COLES PARK NEAR BANK BARODA, FRAZER TOWN, BANGALORE- 560 005 - 4 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 3. MOHAMMED AFAQUE S/O MOHAMMED AGED ABOUT 26 YEARS R/AT NO. F-1202 PORVAPALAM BEEJ APARTMENT GUBBI CROSS, KYALASANAHALLI KOTTANURU, BANGALORE-560076 4. MOHAMMED ABYAN S/O MOHAMMED AMEEN KHAN AGED ABOUT 25 YEARS R/AT 06, 2ND FLOOR, HBR LAYOUT 2ND STAGE, YASEEN NAGAR BANGALORE- 560043 5. SYED SHABAZ S/O SYED ASLAM AGED ABOUT 24 YEARS R/AT NO.13, 1ST CROSS KUSHAL NAGAR, KG HALLI BANGALORE- 560 045 ...PETITIONERS (BY SRI. SYED AKMAL HASAN RAZVI., ADVOCATE) AND: 1. STATE BY SAMPIGEHALLI PS REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX OPP TO VIDHANA SOUDHA BENGALURU- 560 001 2. NISHANT PASHA ABDUL RASHEED AGED ABOUT 40 YEARS R/AT NO.17 1ST A CROSS RMV 2ND STAGE, BOOPASANDRA BANGALORE- 560 094 ...RESPONDENTS (BY SRI. RAHUL RAI.K, HCGP FOR R1; - 5 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 SRI. SADDAM.R.MULLA., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7707/2025 ARISING OUT OF IN CR.NO.213/2024, REGISTERED BY THE RESPONDENT NO.1, SAMPIGEHALLI P.S., FOR THE ALLEGED OFFENCES U/S. 341, 323, 504 R/W 149 OF IPC, AT ANNEXURE-D, NOW PENDING BEFORE THE HONBLE 41ST ACJM AT BANGALORE, WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 5. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of an incident which took place on 09.03.2024 wherein the parties lodged complaints against each other, which were registered at Sampigehalli Police Station in Crime No.150 of 2024 and Crime No. 213 of 2024. 2. Criminal petition No.13101 of 2025 arise out of Crime No.150 of 2024 and Criminal petition No.13123 of 2025 arise out of Crime No.213 of 2024. 3. Crime No.150 of 2024 is registered on a complaint lodged by one Mohammed Daniyal against 13 unknown persons, for the offence punishable under Section 324, 504, - 6 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 143, 144, 147 read with 149 Indian Penal Code, 1908, which has culminated in filing charge sheet against accused Nos.1 to 5 for the offence punishable under Section 143, 144, 147, 323, 324, 326, 504 r/w 149 IPC. 4. Crime No.213 of 2024 is registered on a complaint lodged by one Mr.Nishath Pasha against one Mohammed Daniyal i.e., the first informant in Crime No.150 of 2024, and 4 to 5 others for the offence punishable under Section 341, 323, 324, 504 read with 149 IPC, which culminated in filing charge sheet against accused Nos.1 to 7 for the offence punishable under Section 341, 323, 504 read with 149 IPC. 5. Perusal of the complaint averments in both cases reveals that a fight occurred after a cricket match, where both parties engaged in a verbal altercation, which escalated into a physical assault, resulting in injuries to both parties. 6. In Crime No. 150 of 2024, Mr.Mohammed Afaque and Mohammed Anas have sustained injuries and amongst them, one of the injuries sustained by Muhammed Afaque is stated to be grievous in nature. It appears that the charge sheet is filed for the offence under Section 326 IPC in view of - 7 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 the said grievous injury allegedly sustained by him. All the other injuries as noticed in the wound certificate are not only simple injuries but, they are trivial and minor injuries. 7. In Crime No.213 of 2024, the injured by name Nishath Pasha is said to have sustained a simple injury as per wound certificate and in fact, no visible injuries are seen. 8. The respective parties are before the court. They are identified by the learned counsels appearing for them. 9. Compromise affidavits are filed in both the petitions. It is stated that during the pendency of these proceedings, the parties have arrived at a conclusion to enter into a settlement and agreed to withdraw the cases filed against each other. The complainants in both the cases as well as the injured who are present before the court, submits that they have resolved all the disputes and thus, seek to close the proceedings, as they are not interested to continue the same any further. 10. The compromise affidavits are placed on record. - 8 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 11. As could be seen from the wound certificate of the injured by name Mohammed Afaque in Crime No.150 of 2024, he has sustained two injuries, out of which injury No.2 is stated to be simple in nature and injury No.1, is mentioned as grievous. The said injury is laceration over tragus of left ear measuring 2 centimeter into 0.5 cm x 0.5 cm. Prima facie, the said injury cannot be said to be grievous in nature. The injured who is present before the court submits that he has not sustained any such grievous injury as mentioned in the wound certificate. 12. The Hon'ble Apex Court in NARIDER SINGH AND OTHERS VS. STATE OF PUNJAB AND ANOTHER reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement, and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. 13. Considering the compromise affidavit filed by the parties and in view of the settlement in both the cases, no useful purpose will be served in keeping the proceedings - 9 - HC-KAR NC: 2025:KHC:45328 CRL.P No. 13101 of 2025 C/W CRL.P No. 13123 of 2025 pending. There is no previous animosity between the parties or criminal antecedents against any of the petitioners. Hence, to meet the ends of justice and to put a quietus to the entire dispute, it is just and proper to quash the proceedings pending against the petitioners. 14. Accordingly the following: ORDER (i) Both the petitions are allowed. (ii) The entire proceedings in C.C.No.23268 of 2024 and C.C.No.7707 of 2025, arising out of Crime No.150 of 2024 and Crime No.213 of 2024 of Sampigehalli Police Station pending on the file of the court of XLI ACJM at Bangalore are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 84