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2025 DAILYLAW 74866 (KAR)

SYED MAZAHAR AHMED v. THE STATE OF KARNATAKA

CRL.P/1683/2024 · 2025-07-31

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29729 CRL.P No. 1683 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1683 OF 2024 BETWEEN: 1. SYED MAZAHAR AHMED S/O LATE SYED ANWAR, AGED ABOUT 53 YEARS, R/AT NO. 67/1, (CORRECT NO. 27/1), 20TH CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU - 560 030. 2. SUHAIL AHMED KHAN S/O LATE SARDAR KHAN, AGED ABOUT 37 YEARS, R/AT NO.73, M.R.R LANE, STORE STREET, NEAR TIP TOP FURNITURE, KALASIPALYA, BENGALURU - 560 002. 3. AYUB KHAN @ SADAR S/O SATTAR KHAN, AGED ABOUT 54 YEARS, RA/T NO. 8/2, M.M GARDEN, 3RD CROSS, 6TH STAGE, 80 FEET ROD, NEAR SAMSUNG SERVICE CENTRE, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29729 CRL.P No. 1683 of 2024 KORMANGALA, BENGALURU - 560 034. …PETITIONERS (BY SRI. KULKARNI ABDUL RASHEED SIKANDER SAB, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY J.C. NAGAR POLICE STATION, BENGALURU - 560 006. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. MOHAMMED JAVEED AGHA S/O LATE ABDUL SYED AGHA, AGED ABOUT 56 YEARS, R/AT NO. 6 AND 7, 1ST MAIN ROAD, AROGYAMA LAYOUT, A.C. POST, BENGALURU - 560 045. …RESPONDENTS (BY SRI. M.R PATIL, HCGP FOR R1; SMT. SHAISTA BEGUM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET AGAINST THE PETITIONERS/ACCUSED NO.3, 4 AND 5 IN C.C.NO.5247/2020 (J.C.NAGAR POLICE STATION IN CR.NO.73/2018 - P.C.R.NO.6888/2018) FOR THE ALLEGED OFFENCE P/U/S 468, 419, 420, 471, 418, 204, 109, 120(B) R/W 34 OF IPC ON THE FILE OF VIII ADDL.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29729 CRL.P No. 1683 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioners/accused Nos.3 to 5 to quash the charge sheet filed in C.C.No.5247/2020 on the file of the learned VIII Additional Chief Metropolitan Magistrate, Bengaluru City. 2. Today, a joint application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 482, 320(2), and 320(8) of the Criminal Procedure Code. In the said application, accused Nos.3 to 5 and respondent No.2/complainant have jointly stated that they have amicably resolved the dispute between them and seek quashing of the proceedings pending against the said accused. 3. Accused Nos.3 to 5 and respondent No.2/complainant are present before this Court. On a specific query by the Court, all parties have affirmed the terms of settlement and have admitted the contents of the - 4 - HC-KAR NC: 2025:KHC:29729 CRL.P No. 1683 of 2024 compromise application. Respondent No.2/complainant has expressed that he has no objection to the proceedings being quashed, in view of the fact that the accused have agreed to execute a sale deed in his favour. The terms of the amicable settlement are clearly set out in paragraphs 5 and 6 of the compromise petition. 4. The learned High Court Government Pleader, who has received a copy of the application, has also submitted that he has no objection to the prayer for quashing the proceedings. His submission is placed on record. 5. In view of the amicable settlement arrived at between respondent No.2/complainant and accused Nos.3 to 5, and in light of the fact that the dispute is essentially civil in nature and continuation of the criminal proceedings would serve no fruitful purpose, this Court is of the opinion that the proceedings pending against the petitioners deserve to be quashed to secure the ends of justice. - 5 - HC-KAR NC: 2025:KHC:29729 CRL.P No. 1683 of 2024 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings in C.C.No.5247/2020 pending on the file of the learned VIII Additional Chief Metropolitan Magistrate, Bengaluru City, for the offences punishable under Sections 468, 419, 420, 471, 418, 204, 109, 120(B), and 34 of the Indian Penal Code, insofar as they relate to accused Nos.3 to 5, are hereby quashed in view of the settlement; (iii) The joint compromise petition shall form part of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 31