- 1 - HC-KAR NC: 2025:KHC:31481 CRL.P No. 11735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11735 OF 2025 BETWEEN: 1. MR. USMAN T @ USMAN THANG ETHAIL S/O MOHAMMED, AGED ABOUT 48 YEARS, R/A. THANKAYATHIL, CHERPULACHERRY, PALAKKAD, KERALA STATE - 679 503. 2. MR. SALMAN @ MOHAMMED SALMAN ULTA KHAN S/O MOHAMMED ARIF ULTA KHAN, AGED ABOUT 34 YEARS, RESIDING AT NO.316, 3RD MAIN ROAD, ISLAMPUR, BENGALURU - 560 017. …PETITIONERS (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. MR. K MUTTU S/O. B C KANNAN, AGED ABOUT 46 YEARS, RESIDING AT NO.50, WHISPERING MEADOWS, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31481 CRL.P No. 11735 of 2025 VEERASAGAR, ATTURU LAYOUT, YELAHANKA NEW TOWN, BENGALURU CITY, BENGALURU - 560 064. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. DILIP KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.16312/2025 ARISING OUT OF CR.NO.502/2024 BY YELAHANKA NEW TOWN POLICE STATION FOR THE OFFENCES P/U/S 309(6) OF BNS 2023 PENDING BEFORE THE VII ACJM, BENGALURU PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER A crime is registered against the petitioners alleging that respondent No.2/complainant's car and two Samsung mobiles were stolen by the present petitioners/accused. On receiving the complaint, a crime is registered for the offence punishable under Section 310(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The learned Magistrate has taken cognizance for the offence - 3 - HC-KAR NC: 2025:KHC:31481 CRL.P No. 11735 of 2025 punishable under Section 309(6) of BNS, 2023 and now charge sheet is filed in C.C.No.16312/2025. 2. Today, an application is filed under Section 359(8) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission of this Court to compound the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. Along with the said application, a joint affidavit has been filed by the petitioners/accused and respondent No.2/complainant. In the joint affidavit, the complainant has categorically stated that the dispute between the parties has been amicably resolved, and therefore, he has no objection for quashing the criminal proceedings. It is further stated therein that the parties are businessmen, and owing to certain commercial transactions, a financial misunderstanding arose, which led to the lodging of the complaint. However, with the intervention of well-wishers, the parties have now resolved all their disputes. - 4 - HC-KAR NC: 2025:KHC:31481 CRL.P No. 11735 of 2025 3. Respondent No.2/complainant is present before this Court and submits that the allegations made in the complaint are not true, and that the complaint was lodged only on account of a financial misunderstanding. He further submits that in view of the settlement arrived at, he has no subsisting grievance against the petitioners and expresses his willingness to withdraw the complaint. 4. In view of the joint affidavit and the submissions made by the complainant, it is evident that the dispute arises out of a commercial transaction and that the complainant has voluntarily withdrawn the allegations made in the complaint. Once the parties have amicably settled their differences, continuation of the proceedings would serve no fruitful purpose and would, on the contrary, amount to abuse of process of law. Accordingly, this Court is inclined to accept the settlement and quash the criminal proceedings in exercise of its inherent powers. Consequently, the application filed in I.A.No.1/2025 deserves to be allowed. - 5 - HC-KAR NC: 2025:KHC:31481 CRL.P No. 11735 of 2025 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings in C.C.No.16312/2025, pending on the file of the VII Additional Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, insofar as the petitioners are concerned, stand quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 122