Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9494 OF 2025 BETWEEN:
1.
SRI RIJAS N S/O NIAMUDDINA AGED ABOUT 22 YEARS R/AT DAS PG TIRUMENAHALLI BANGALORE - 560 064
2.
SRI. ANKIT RAJ N S/ NAGARAJ AGED ABOUT 22 YEARS R/AT OPP TO STATE BANK OF INDIA THANISANDRA BANGALORE
3.
SRI CHANDAN GOWDA R S/O RAMESH AGED ABOUT 21 YEARS R/AT NEAR BBMP OFFICE THANISANDRA BANGALORE
4.
SRI. MUBARAK @ NAYAZ KHAN AGED ABOUT 22 YEARS R/AT NO 143, 6TH CROSS AGRAHARA LAYOUT BANGALORE
5. SUNDARAM Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 AGED ABOUT 34 YEARS R/AT NO 259, 12TH CROSS 1ST MAIN, AGARAHARA LAYOUT BANGALORE. …PETITIONERS (BY SRI. RAJESHWARI M, ADVOCATE) AND:
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THE STATE OF KARNATAKA REPRESENTED BY SAMPIGEHALLI POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001
2.
SRI MOHAMMED JASEEL S/O ABDUL HALI AGED ABOUT 22 YEARS R/AT NO 63, KANAKA SRI HOUSING SOCIETY KINGSTON RESIDENCY KOTHANOOR, BANGALORE …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
SMT. RASHMI G, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE C.C.NO.34248/2024 PENDING ON THE FILE OF THE VII ACJM AT BENGALURU OF SAMPIGEHALLI POLICE FOR THE OFFENCE P/US/ 364(A), 384, 323, 324, 506, 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 ORAL ORDER The petitioners, who are accused in C.C.No.34248/2023, are seeking quashing of the proceedings for the offence punishable under Sections 364A, 384, 323, 324, 506 and 34 of the IPC.
2. Today, a joint affidavit has been filed on record. The complainant, who is admittedly a classmate and friend of the petitioners/accused, is present before this Court. On being specifically queried, he submits that the dispute between himself and the petitioners has been amicably resolved. He further states that, in view of the settlement and restoration of cordial relations, he does not wish to pursue the allegations levelled in the complaint and seeks permission to withdraw the same.
3. This Court has also posed a pointed query to the
learned counsel appearing for the petitioners as well as to the learned Additional State Public Prosecutor as to whether the complainant had suffered any serious injuries at the hands of the petitioners. Upon referring to the
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 charge-sheet and the accompanying materials, both counsel have fairly submitted that there is no wound certificate or medical record to indicate that the complainant sustained any physical injuries. The complainant, when questioned, has candidly acknowledged that he did not sustain any injuries in the alleged incident. He has further admitted that he had engaged in certain financial transactions with the petitioners and had availed a hand loan from them. 4. On an overall conspectus of these circumstances, this Court is persuaded to take the view that the petitioners and the second respondent, all of whom are young college-going students at a formative stage of their lives, were probably involved in a dispute arising out of the said financial transaction. It appears that, in an attempt to recover the loan amount from the complainant, the petitioners may have acted in a manner which prompted the complainant to institute the present criminal proceedings alleging abduction for ransom. The statement
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 of the complainant, coupled with the absence of any material to establish that he was subjected to physical assault or caused any bodily harm, prima facie discloses that the essential ingredients of the offence under Section 364-A IPC are not attracted. The charge-sheet materials also do not disclose any injury sustained by the complainant, and he himself admits that no such injury was ever caused. 5. In this background, and in light of the affidavit filed by the complainant, this Court finds that the continuation of the prosecution for the offences under Sections 364-A and 324 IPC though not compoundable in nature would, in the peculiar facts of this case, amount to an abuse of the process of law. The uncontroverted fact that the dispute essentially stems from a personal loan transaction between classmates, and the acknowledgment by the complainant that he has since reconciled with the petitioners, strengthens the view that no fruitful purpose would be served by prolonging the criminal trial.
On the
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HC-KAR NC: 2025:KHC:35903 CRL.P No. 9494 of 2025 contrary, such continuation is likely to cast an indelible stigma on the petitioners, thereby jeopardising their academic career and future prospects. 6. For the foregoing reasons and in exercise of the inherent powers under Section 482 of the Code of Criminal Procedure, this Court deems it just and expedient to secure the ends of justice by quashing the criminal proceedings. Accordingly, the following order is passed:
ORDER i. The criminal petition is hereby allowed in terms of the joint affidavit filed by the parties; ii. The proceedings in C.C.No.34248/2024 pending on the file of the VII Additional Chief Judicial Magistrate, Bengaluru, arising out of Crime No.289/2023, are hereby quashed and set aside. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK