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2025 DAILYLAW 86380 (KAR)

MOHAMMED ILYAS Y v. STATE OF KARNATAKA

CRL.P/16107/2025 · 2025-12-17

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16107 OF 2025 BETWEEN: 1. MOHAMMED ILYAS Y S/O MOHAMMED YOUSUFF, AGED ABOUT 33 YEARS, R/AT: NO.14, B.NO. 7TH CROSS ROAD, NEAR SRIRAJ LASSI BAR, SHIVAJINAGAR, BANGALORE–560 051. 2. S K MAHABOOB BASHA S/O KHAJA PEER SHAIK, AGED 38 YEARS, NO.15, SHIVAJI ROAD, SHIVAJINAGAR, BANGALORE–560 051. 3. AJAZ AHMED S/O PARA JAN, AGED 45 YEARS, NO.9, 15TH CROSS, IBRAHIM SABEB STREET, RASHAD NAGAR, GOVINDPUR, BANGALORE–560 045. 4. FARAZ PASHA S/O MOHAMMED AYAZ PASHA, AGED 30 YEARS NO.20, RASHAD NAGAR, KG LAYOUT, ARABIC COLLEGE, BANGALORE–560 045. Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 5. MOHAMMAD YOUNUS KHAN S/O MOHAMMAD BASHER, AGED 28 YEARS, NO.26, M.R. PALYA, ANJANEYA TEMPLE STREET, BANGALORE-560 032. …PETITIONERS (BY SRI. SYED AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAJINAGAR STATION, NO.16, COLONEL HILL RD, SULTHANGUNTA, SHIVAJI NAGAR, BENGALURU, KARNATAKA-560 051. REPRESENTED BY STATE PUBLIC PROSECUTOR AT HIGH COURT OF KARNATAKA, BUILDING-560 001. 2. MOHAMMED ZAHEER AHMED AGED ABOUT 35 YEARS, S/O ABDUL MALIK, R/AT NO.38, 2ND CROSS, AREBIC COLLAGE ROAD, RASHEED NAGAR, BENGALURU CITY, KARNATAKA-560 045. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SMT. NEELU FAR R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 24.02.2023 IN C.C.NO.51170/2023 PASSED BY 29TH ADDL.C.M.M COURT, MAYOHALL, BENGALURU CITY IN TAKING COGNIZANCE AND - 3 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 ISSUING SUMMONS TO PETITIONERS NO.1 TO 5 ANNEXURE-A, AS WELL AS QUASH THE CHARGE SHEET ANNEXURE-D AND ENTIRE PROCEEDINGS AGAINST PETITIONER NO.1 TO 5 IN C.C.NO.51170/2023 ARISING OUT OF FIR IN CRIME NO.69/2022 REGISTERED BY SHIVAJINAGAR P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 144, 147, 341, 323, 324, 504, 506(B), 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the chargesheet and the entire proceedings in CC No.51170/2023 pending on the file of the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City. 2. FIR in Cr.No.69/2022 of Shivajinagar Police Station, Bengaluru City, was registered on a complaint lodged by respondent No.2. On completion of investigation, chargesheet was filed against the petitioners/accused Nos.1 to 5 for the offence punishable under Sections 143, 144, 147, 341, 323, 324, 504, 506(B) r/w 149 IPC. - 4 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 3. The incident allegedly took place on 3.6.2022 at about 9.30 p.m. It is alleged that when the complainant/respondent No.2 was closing the shop, the accused forming an unlawful assembly came near the shop, abused him in filthy language and assaulted with club and hands etc., causing injuries to him. 4. The learned counsel appearing for the parties submitted that the matter has been amicably settled and the differences between the parties have been fully resolved. Hence, in order to bring quietus to the entire dispute, they seek to quash the proceedings and therefore, continuation of proceedings against the petitioners would amount to abuse of process of law. 5. A joint affidavit of settlement is filed, signed by the petitioners and respondent No.2/defacto complainant. The same is placed on record. 6. It is stated that due to intervention of elders, well-wishers, the parties have amicably settled the matter - 5 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 and respondent N.2 has no grievance or ill-will against the petitioners and he has no objection to quash the criminal proceedings pending before the trial Court, initiated by him against the petitioners. 7. Respondent No.2/defacto complainant, present before the Court submits that compromise has been arrived at voluntarily, out of free will, without any coercion, pressure or undue influence and in the interest of maintaining communal harmony and cordial relations. 8. Having perused the material on record, this Court is of the considered view that the incident occurred due to certain private dispute between the parties. Respondent No.2 has come forward to resolve the dispute. 9. In the above facts and circumstances, no useful purpose will be served in keeping the proceedings pending against the petitioners. Hence, in the interest of justice and to maintain harmony and cordial relationship between - 6 - HC-KAR NC: 2025:KHC:54110 CRL.P No. 16107 of 2025 the parties, it is expedient to quash the proceedings. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings against the petitioners pending in CC No.51170/2023 on the file of XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 69