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High Court of Karnataka · body

2025 DAILYLAW 73518 (KAR)

UMAR KHAN v. THE STATE OF KARNATAKA

CRL.P/14382/2025 · 2025-11-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14382 OF 2025 BETWEEN: 1. UMAR KHAN S/O MUSTAFA KHAN, AGED ABOUT 29 YEARS, R/AT NO.633, 1ST STAGE, 5TH BLOCK, 8TH CROSS, HBR LAYOUT, BENGALURU-560 043. 2. USMAN KHAN S/O MUSTAFA KHAN, AGED ABOUT 22 YEARS, R/AT NO.633, 1ST STAGE, 5TH BLOCK, 8TH CROSS, HBR LAYOUT, BENGALURU-560 043. …PETITIONERS (BY SRI. HEMANTH KUMAR G.M., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA BY GOVINDAPURA P.S., BENGALURU, REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. ISRA SIDDEQUA W/O HUSSAIN, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 AGED ABOUT 30 YEARS, R/AT KASTURBA MANSION, 15TH CROSSS, DOLLARS COLONY, RMV 2ND STAGE, BANGALORE-560 094. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);) SMT./MISS. ARCHITA NAMBIAR, ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER HEREIN C.C.NO.50530/2024 ON THE FILE OF THE COURT OF XI ADDL.C.J.M. COURT AT BENGALURU, FOR OFFENCES PUNISHABLE UNDER SECTION 341, 354, 504 AND 506 R/W 34 OF INDIAN PENAL CODE, BY THE GOVINDAPURA POLICE STATION, BE QUASHED AS IT RELATES TO THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 528 of BNSS, 2023, praying to quash the proceedings pending in C.C.No.50530/2024 on the file of the XI Additional CJM, at Bengaluru. 2. FIR is registered on the basis of a complaint lodged by respondent No.2 herein. Chargesheet is filed - 3 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 against the petitioners for the offence punishable under Section 506, 341, 504, 354 r/w 34 of IPC. 3. It is alleged that on 20.10.2023 at about 9.00 p.m., when the defacto complainant/victim was having a conversation with her family members, both the accused entered the house, abused her in filthy language, dragged her by holding the dupatta, outraged her modesty and threatened her with dire consequences etc. 4. An application is filed under Section 320 r/w 482 of Cr.P.C., stating that an amicable settlement and compromise have been duly arrived between the parties and respondent No.2 has no objection to quash the proceedings pending against the petitioners. 5. Application is signed by the petitioners, respondent No.2 and the learned Advocates appearing for the parties. The application is accompanied by the joint affidavit of the respective parties. The application and the joint affidavit are placed on record. - 4 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 6. Para 4 of the affidavit is extracted here under: 4. We state that the Respondent No.2 and the Petitioners have amicably settled and resolved the dispute through the intervention of elders and well-wishers from both families. The case arises out of Crime No.0291/2023 registered before the Govindapura Police Station for the offences punishable under Sections 341, 354, 354B, 504, and 506 read with Section 34 of the Indian Penal Code, 1860. The settlement has been arrived at voluntarily and in good faith, with the intention of maintaining peace and harmony between the parties. It is further stated that the Respondent No.2 has no subsisting grievance or interest in pursuing the criminal case against the Petitioners, and in light of the written apologies tendered by them, has no objection to this Hon'ble Court quashing the proceedings in C.C.No.50530/2024 arising out of Crime No.0291/2023, pending on the file of the Hon'ble XI Additional Chief Metropolitan Magistrate, Bengaluru, for the aforesaid offences punishable under Sections 341, 354, 354B, 504, and 506 read with Section 34 of the Indian Penal Code, 1860.” - 5 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 7. In the affidavit, it is stated that both the petitioners have tendered their unconditional apologies and sought forgiveness from respondent No.2. Further, the parties are related by familial ties and upon intervention of elders and well-wishers of both families, respondent No.2 has, in a spirit of goodwill and to maintain family harmony, accepted the apologies so tendered by the petitioners. 8. From the material on record, it can be seen that the parties are related to each other. The incident took place in a sudden quarrel, without any motive. Since respondent No.2 has come forward stating that she has no objection to quash the proceedings and in view of the settlement between the parties and affidavit filed before this Court, no useful purpose will be served in continuing the proceedings against the petitioners. The dispute is purely private in nature, wherein the said dispute has been resolved. Hence, in the interest of justice, it is expedient to exercise the jurisdiction vested with this Court under - 6 - HC-KAR NC: 2025:KHC:45599 CRL.P No. 14382 of 2025 Section 528 of BNSS, 2023 and quash the proceedings. Accordingly, the following: ORDER Petition is allowed. The entire proceedings against the petitioners in C.C.No.50530/2024 on the file of the Court of XI Additional CJM, at Bengaluru are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 48