- 1 - HC-KAR NC: 2025:KHC:31482 CRL.P No. 11685 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. 11685 OF 2025 BETWEEN: 1. MR. USMAN S/O MOHAMMED, AGED ABOUT 48 YEARS, R/A. THANKAYATHIL, CHERPULACHERRY, PALAKKAD, KERALA STATE - 679 503. 2. MR. TANAY C HASBI S/O CHANDRAKANT S HASBI, AGED ABOUT 32 YEARS, RESIDING AT NO.130, 4TH CROSS, EAST OF NGEF, KASTURI NAGAR, KALYANANAGAR, BENGALURU - 560 043. …PETITIONERS (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31482 CRL.P No. 11685 of 2025 HIGH COURT COMPLEX, BANGALORE - 560 001. 2. MR. K. MUTTU S/O B C KANNAN, AGED ABOUT 45 YEARS, RESIDING AT NO.51, WHISPERING MEADOWS, VEERASAGAR, ATTURU LAYOUT, YELAHANKA NEW TOWN, BENGALURU CITY, BENGALURU - 560 064. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. DILIP KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR PERTAINING TO CR.NO.79/2025 BY YELAHANKA NEW TOWN P.S., FOR THE OFFENCES P/U/S 140(3), 3(5) 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 son was abducted by the present petitioners/accused. On receiving the complaint, a crime is registered for the offence punishable - 3 - HC-KAR NC: 2025:KHC:31482 CRL.P No. 11685 of 2025 under Section 140(3), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 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 permit the parties to compound the offence punishable under Section 140(3) 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 affidavit, the complainant has acknowledged that the matter has been amicably settled between the parties and that he has no objection to the quashing of the criminal proceedings. It is further stated that both parties are businessmen and, on account of certain business transactions, a financial misunderstanding had arisen which ultimately resulted in the lodging of the complaint. It is also stated that with the intervention of well-wishers, the dispute has been resolved and no grievance survives. - 4 - HC-KAR NC: 2025:KHC:31482 CRL.P No. 11685 of 2025 3. Respondent No.2/complainant is present before this Court. He submits that the allegations made in the complaint are not true and reiterates that the complaint was lodged solely due to financial misunderstanding. He further submits that, in view of the amicable settlement, he has no objection for quashing of the criminal proceedings and expresses his willingness to withdraw the complaint. 4. Having regard to the averments made in the joint affidavit as well as the submissions of the complainant, it is evident that the dispute arises out of commercial transactions and that the complainant has voluntarily withdrawn all allegations against the petitioners. Once the parties have resolved their differences and settled the matter, continuation of the criminal proceedings would serve no fruitful purpose and would, on the contrary, amount to an abuse of the process of law. In these circumstances, this Court finds it just and proper to accept the settlement and quash the - 5 - HC-KAR NC: 2025:KHC:31482 CRL.P No. 11685 of 2025 proceedings. Accordingly, the application filed in I.A.No.1/2025 deserves to be allowed. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings in Crime No.79/2025 registered by respondent No.1/Police and pending on the file of the VII Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 140(3) and 3(5) 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.: 121