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2025 DAILYLAW 89749 (KAR)

MUFID AHMED v. STATE BY KARNATAKA

CRL.P/10657/2025 · 2025-07-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10657 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MUFID AHMED S/O BUDHAN SAB AGED ABOUT 38 YEARS R/AT NO. 17, 3RD FLOOR NAGARAJ GARDEN VINAYAKANAGARA J P NAGAR 5TH STAGE BENGALURU - 560 078. …PETITIONER (BY SRI.S.M. ADAVANI, ADVOCATE) AND: 1. STATE BY KARNATAKA PUTTENAHALLI POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE 560 001. 2. MT NASEEMA BHANU W/O NADEEM AHMED AGED ABOUT 40 YEARS RA/T NO. 17, 5TH CROSS NAGARAJ GARDEN, VINAYAKANAGAR J P NAGAR 5TH STAGE BENGALURU - 560 078. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. HASAN.S. MAGADI, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENTS IN SPL.C.NO.1343/2024 ARISING OUT OF CR.NO.251/2024 OF PUTTENAHALLI P.S PENDING ON THE FILE OF THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 SPL.C.NO.1343/2024 PENDING BEFORE THE FTSC-1 BENGLAURU CITY FOR THE OFFENCE P/U/S 8,9(L),10,11(1),12 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a) Quash the entire proceedings initiated by the Respondents in Spl.C.No.1343/2024, arising out of Crime.No.251/2024 of Puttenahalli Police Station pending on the file of the Spl.C.No.1343/2024 pending before the Fast Track special Court-I (FTSC-1) Bengaluru city, for the offences punishable under Sections 8,9(L), 10, 11(1), 12 POCSO Act. b) May pass any other Order / Orders or issue any Direction / Directions as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed an application I.A.1/2025 along with Joint Memo and Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application I.A.1/2025 along with Joint Memo and Joint Affidavit, which reads as under:- “MEMORANDUM OF APPLICATION UNDER SECTION 320 R/W SECTION 528 of BNSS-2023 / 482 OF CODE OF CRIMINAL PROCEDURE 1973 Petitioners most respectfully submit as under: 1. It is submitted that the respondent no.2 had filed a complaint against the petitioners and registered in Crime No-0251/2024 dated 12/06/2024 at PUTTENAHALLI PS in Spl, C No.1343/2024(In Crime No.251/2024) pending before the Fast Track special Court-I (FTSC-1) Bangalore for the offence punishable under section 8,9(L), 10, 11(1), 12 POCSO Act. 2. Further submitted that Now during the pendency of these cases due to the intervention of the elders and the family members of the petitioner's and respondent no.2, both the parties have decided to enter a compromise by way of mutual understanding between both parties in the interest of justice. 3. It is submitted that due to the intervention of the elders and the family members of the petitioner's and respondent no.2, both the parties have decided to enter a compromise and the both parties have no objection for quashing of the Spl C No. 1343/2024 for the offences punishable under section 8,9(L),10,11(1),12 POCSO Act pending before the Fast Track special Court-I (FTSC-1) Act - 4 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 by way of mutual understandings (Terms and conditions) between the parties as follows: 4. Further submitted that the both petitioners and respondent no.2 have agrees that they have no grievance against each other and it was a case of misunderstanding that the criminal case lodged against the petitioners by the respondent no.2 since both are in the interest of their future and due to the intervention of the elders of the petitioners and the respondent no.2 both are agrees to close this criminal case as per the terms and conditions stated in this compromise petition before this Hon'ble court in the interest of justice and equity. 5. It is submitted that the respondent no.2 has agreed without force or coercion that they have no objection on quashing of the FIR and Charge sheet in Spl C No. 1343/2024 for the offences punishable under section 8,9(L),10,11(1),12 POCSO Act pending before the Fast Track special Court-I (FTSC-1), in the interest of justice and equity. Hence in view of the settlement as per terms and conditions stated in this compromise petition before this Hon'ble court arrived between the parties the petitioners and respondent no.2 are before this Hon'ble court. PRAYER WHEREFORE, this Hon'ble court may be please to allow compounding of the offense alleged in Charge sheet Spl C No. 1343/2024 (In Crime No.251/2024) for the offences punishable under section 8,9(L), 10, 11(1), 12 POCSO Act pending before the Fast Track special Court-1 (FTSC-1) - 5 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 against the petitioners at PUTTENAHALLI PS, in the interest of justice and equity.” “JOINT MEMO “ The petitioners and respondent no.2 are most respectfully submits as follows: 1. It is submitted that the petitioners and respondent no.2 are filling this joint memo of compromise before this Hon'ble court. 2. It is submitted that due to the intervention of the elders and the family members of the petitioner's and respondent no.2, both the parties have decided to enter a compromise and the both parties have no objection for quashing of the criminal case in Spl C No. 1343/2024 (In Crime No.251/2024) for the offences punishable under section 8,9(L),10,11(1), 12 POCSO Act pending before the Fast Track special Court-I (FTSC-1) against the petitioners at PUTTENAHALLI PS by way of mutual understandings which are stated in this Compromise petition before this Hon'ble court. 3. It submitted that both parties have agreed to compromise this case and respondent no.2 has no objection for the same. 4. It is submitted that the respondent no.2 has agreed without force or coercion that they have no objection on quashing of the FIR and Charge sheet in Spl C No. 1343/2024 (In Crime No.251/2024) for the offences punishable under section 8,9(L),10,11(1),12 POCSO Act pending before the Fast Track special Court-I (FTSC-1) - 6 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 against the petitioners at PUTTENAHALLI PS by way of mutual understandings which are stated in this Compromise petition before this Hon'ble court in the interest of justice and equity.” “JOINT AFFIDAVIT I, Sri. MUFID AHMED S/O BUDHAN SAB, AGED ABOUT 38 YEARS, R/AT NO.17,3RD FLOOR, NAGARAJ GARDEN VINAYAKANAGARA, J.P. NAGARA 5TH STAGE BENGALURU-560078, I am petitioner no.1 in this case do hereby solemnly affirm and state on oath on behalf of other petitioners as follows: And I, Smt. NASEEMA BHANU W/O NADEEM AHMED AGED ABOUT 40 YEARS, R/AT NO.17, 5TH CROSS, NAGARAJ GARDEN, VINAYAKANAGAR, J.P. NAGAR 5TH STAGE, BENGALURU-560078, I am respondent no.2 in this case do hereby solemnly affirm and state on oath as follows: 1. We are the petitioner and respondent no.2 in the above noted criminal petition, we are aware of the facts of the case, hence, swearing to this Affidavit jointly. 2. We are stated that the contents of the accompanying Application from para no 1 to 5 and also stated in Para No 1 to 4 of the joint memo are true and correct to the best of my and others knowledge, information and belief. Verified that what is stated above are true and correct to the best of my and others knowledge, information and belief.” - 7 - HC-KAR NC: 2025:KHC:28880 CRL.P No. 10657 of 2025 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the application I.A.1/2025 along with Joint Memo and Joint Affidavit all dated 24.07.2025. (ii) The proceedings in Spl.C.No.1343/2024 (arising out of Crime No.251/2024 of 1st respondent – Police) registered for the offences punishable under Sections 8, 9(L), 10, 11(1), 12 of POCSO Act, pending on the file of Fast Track Special Court-I (FTSC-1), insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.