Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30653 CRL.P No. 11479 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11479 OF 2025
BETWEEN:
1.
MR. ZABIULLA S/O HANEEF PASHA AGED ABOUT 40 YEARS R/AT 1ST DIVISION, JANATHA COLONY HAROHALLI, KANAKAPURA-562112.
2.
RIHANA BANU @ AYISHA REHANA BANU W/O MOHAMMED IMRAN AGED ABOUT 41 YEARS R/AT JANATHA COLONY MUSLIM COLONY, HAROHALLI KANAKAPURA-562112.
3.
SRI. NAVEEN .P @ NAVEEN PATEL S/O PUTTARUDRAIAH AGED ABOUT 34 YEARS R/AT NO. 666, NAPA VALLEY GANDHINAGAR KANAKAPURA MAIN ROAD NEAR HP PETROL BUNK BENGALURU-560082. …PETITIONERS
(BY SRI. BHASKAR GOWDA .N.M, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY KAGGALIPURA POLICE BANGALORE RURAL DISTRICT
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30653 CRL.P No. 11479 of 2025
REPRESENTED BY SPP GOVT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560001.
2. ZABIULLAH S/O ABDUL KHALEEL AGED ABOUT 42 YEARS R/AT NO. 124, 2ND DIVISION MUSLIM BLOCK, HAROHALLI TOWN RAMANAGARA DISTRICT-562112. …RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. PUNITH .C, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE ENTIRE FIR IN CRIME NO.339/2024 FOR THE OFFENCE P/U/S 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2)(3), 190 OF BNS BY THE RESPONDENT KAGGALIPURA POLICE STATION AS PER ANNEXURE-A BY ALLOWING THE ABOVE PETITION.
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 accused Nos.1, 2 and 5 in Crime No.339/2024 seeking quashing of the entire FIR in Crime NO.339/2024 for the offences punishable under Sections 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2)(3), 190 of BNS, 2023.
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HC-KAR NC: 2025:KHC:30653 CRL.P No. 11479 of 2025
2. The application in I.A.No.3/2025, filed under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with a joint affidavit, is placed before this Court today seeking permission to compound the alleged offences. In the joint affidavit, it is stated that the dispute has been amicably settled and that respondent No.2/complainant has conveyed the subject property to one Shri Girisha B. The petitioners have acknowledged the said transaction with respondent No.2/complainant.
3. Respondent No.2/complainant, who is present before this Court, confirms that the transaction has been concluded and that he has received a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards sale
consideration from the aforesaid purchaser.
4. In view of the settlement, the proceedings for the offences punishable under Sections 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2)(3), and 190 of the BNS, 2023, no longer survive for
consideration. The
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HC-KAR NC: 2025:KHC:30653 CRL.P No. 11479 of 2025
complainant, having sold the property to a third party, has no objection to the quashing of the proceedings. The joint affidavit is taken on record. As the offences are compoundable in law, I.A.No.3/2025 stands allowed.
5. Consequently, the criminal petition is allowed. The entire proceedings in Crime No.339/2024, registered by Kaggalipura Police Station for the offences punishable under Sections 318(2), 319(2), 318(4), 338, 336(3), 54, 351(2)(3), and 190 of the BNS, 2023, are hereby quashed insofar as the petitioners are concerned.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 3 Sl No.: 5