Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31483 CRL.P No. 11590 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. 11590 OF 2025
BETWEEN:
SYED UMAR FAROOQ S/O SARDAR PASHA, AGED ABOUT 31 YEARS, R/AT NO.6/4, 2ND CROSS, NEW POLICE STATION ROAD, NARAYAN REDDY ROAD, K R PURAM, BANGALORE - 560 036. …PETITIONER (BY SRI. TAHIR, ADVOCATE) AND:
1.
STATE BY SUDDAGUNTEPALYA P.S.
REP BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPPOSITE TO VIDHANA SOUDHA, BANGALORE - 560 001.
2.
SYED THOHID AHAMMAD S/O SYED KHAJAPEER, AGED ABOUT 37 YEARS, R/AT NO.08, 8TH A MAIN, NEW GURAPPANAPALYA, BTM 1ST STAGE, BANGALORE - 560 029. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. CHAND PASHA, ADVOCATE FOR R2)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31483 CRL.P No. 11590 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.699/2019 ARISING OUT OF CR.NO.327/2018 OF SUDDAGUNTEPALYA P.S., AT ANNEXURE-D, FOR THE OFFENCES P/U/S 307, 506 OF IPC, PENDING ON THE FILE OF HON'BLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE CCH-46, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.1.
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 seeking quashing of the proceedings pending in S.C.No.699/2019, for the offence punishable under Sections 307 and 506 of IPC. 2. This matter was earlier listed before this Court when respondent No.2/complainant and his sister, who is the wife of the accused, were present. Respondent No.2 being the brother-in-law of the petitioner, an application
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HC-KAR NC: 2025:KHC:31483 CRL.P No. 11590 of 2025
under Section 482 read with Section 320 of the Cr.P.C. was filed seeking permission to compound the offence. On that day, the wife of the accused stated that with the intervention of elders and family members, the parties have amicably resolved their dispute. She further requested this Court to put an end to the litigation and consented to quash the proceedings. Though the petitioner has been charge-sheeted for the offence punishable under Section 307 IPC, she submitted that no lethal weapon was used and that there was no actual assault by the accused. 3. Today, an affidavit sworn to by the wife of the accused has been filed, reiterating that the dispute between the parties has been settled amicably, and that she along with her brother, respondent No.2/complainant, have agreed to withdraw the allegations against the petitioner. It is also stated therein that she has received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards
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HC-KAR NC: 2025:KHC:31483 CRL.P No. 11590 of 2025
permanent alimony, the particulars of which are set out in paragraph 2 of the affidavit. 4. Though the petitioner stands charge-sheeted under Section 307 IPC, in view of the settlement, this Court finds it appropriate to quash the proceedings. This Court also deems it fit to exercise such discretion in view of subsequent developments, the accused and the sister of the de facto complainant have since moved on in life. The petitioner/accused, after dissolution of his earlier marriage, has remarried, and similarly, the victim has also contracted a second marriage. Both are residing with their respective spouses. Having regard to the settlement as well as these subsequent developments, this Court is satisfied that no useful purpose would be served by continuing the prosecution. Accordingly, the affidavit is taken on record and I.A.No.1/2025 is allowed. 5. Accordingly, the petition is allowed.
The proceedings in S.C.No.699/2019 arising out of Crime
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HC-KAR NC: 2025:KHC:31483 CRL.P No. 11590 of 2025
No.327/2018 of Suddaguntepalya Police Station pending on the file of the Hon'ble XLV Additional City Civil and Sessions Judge at Bangalore (CCH-46), insofar as the petitioner/accused No.1 is concerned are quashed. Registry is directed to communicate this order to the Bangalore Central Jail to release the petitioner forthwith. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 2 Sl No.: 145