- 1 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16302 OF 2025 BETWEEN: 1. MR. AHAMED PASHA (CORRECT NAME AS PER AADHAAR: AHMED PASHA), SON OF LATE MR.NISAR PASHA, AGED ABOUT 50 YEARS, RESIDING AT: NO.92, HJS TOWERS CHAMBERS, RICHMOND ROAD, RICHMOND TOWN, BENGALURU-560 025. ADDRESS AS PER AADHAAR: NO.14, AGA ABDULLA STREET, RICHMOND TOWN, MUSEUM ROAD, BENGALURU-560 025. 2. MR. ARSHAD PASHA SON OF LATE MR.NISAR PASHA, AGED ABOUT 48 YEARS, RESIDING AT: NO.92, HJS TOWERS CHAMBERS, RICHMOND ROAD, RICHMOND TOWN, BENGALURU-560 025. ADDRESS AS PER AADHAAR: NO.14/15, AGA ABDULLA STREET, JOHANSON MARKET, RICHMOND TOWN, MUSEUM ROAD, BENGALURU-560 025. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 3. MR. AMJAD PASHA SON OF LATE MR.NISAR PASHA, AGED ABOUT 51 YEARS, RESIDING AT: NO.92, HJS TOWERS CHAMBERS, RICHMOND ROAD, RICHMOND TOWN, BENGALURU-560 025. ADDRESS AS PER AADHAAR: NO.14/15, AGA ABDULLA STREET, RICHMOND TOWN, NEAR JOHANSON MARKET, BENGALURU-560 025. 4. MR. MOHMMED SADIQ SON OF ABDUL HAFEEZ, AGED ABOUT 43 YEARS, RESIDING AT: H.NO.12, 1ST FLOOR, 2ND CROSS, NARAYANAPPA LAYOUT, BHUVANESHWAR NAGAR, R.T.NAGAR, BENGALURU-560 032. 5. MR. SHEIKH SHAFI ULLA (CORRECT NAME AS PER AADHAAR: SHAIK SHAFI ULLA), SON OF MR. SHAIKH NASIR UDDIN, AGED ABOUT 52 YEARS, RESIDING AT: H.NO.47/1, 2ND CROSS, POPULAR COLONY, MADINA NAGAR, BENGALURU-560 068. …PETITIONERS (BY SRI. YASEEN BABU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASHOKNAGAR POLICE STATION, BANGALORE. REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, - 3 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 HIGH COURT BUILDING, BANGALORE-560 001. 2. MR. SUMAN PRAMANIK SON OF LATE MR. LAKSHMANA PRAMANIK, AGED ABOUT 28 YEARS, RESIDING AT: NO.13, 19TH CROSS, CUBBON PET, BENGALURU-560 002. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. ALLAH BAKASH M., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.63358/2025, PENDING ON THE FILE OF XXIX ADDL. C.J.M., BENGALURU (29TH ACMM) FOR THE OFFENCES PUNISHABLE U/S.106(1) OF BNS, ON THE CHARGESHEET SUBMITTED BY THE RESPONDENT NO.1-POLICE IN CRIME NO.347/2024, ON THE ALLEGED COMPLAINT OF RESPONDENT NO.2, LODGED ON 12.11.2024 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Cr.No.347/2024 is registered at Ashoknagar Police Station, Bengaluru City, on a complaint lodged by respondent No.2 against petitioner Nos.4 and 5 for the offence punishable under Section 106(1) of the BNS, 2023. Chargesheet is filed against the petitioners/accused - 4 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 Nos.1 to 5. The allegations against accused Nos.1 to 3, the owners of the commercial unit on the ground floor and first floor of HJS chambers and the employees are that the lift in the commercial unit was not properly maintained, which led to complainant’s father getting stuck while using the lift, causing him to sustaining injuries, leading to his death. In substance, it is alleged that the death was caused due to the negligence of the petitioners namely the owners of the building and the Manager and employee of petitioners-1 to 3. 2. It is contended that petitioner Nos.1 to 3 are the owners of the commercial units in the ground floor and first floor and the negligence cannot be attributed to them. Further, the lift was regularly maintained and the petitioners are not responsible for the unfortunate incident. 3. Learned counsel appearing for respondent No.2 submits that the matter has been settled consequent to - 5 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 which respondent No.2/defacto complainant has expressed no objection to quash the proceedings. 4. Petitioners and respondent No.2 are present before the Court. They are identified by their counsel. The application filed under Section 359 r/w Section 528 of BNSS, 2023 is extracted hereunder: “1) It is submitted that the Petitioners have filed the above Petition with a prayer to quash the criminal proceedings pending against them in C.C.No.63385/2025 on the file of XXIX ADDL.C.J.M, Bengaluru. The above proceedings arise pursuant to a charge sheet filed by the Respondent No.1 Police Station for offence punishable under Section 106(1) of BNS against Petitioners who are Accused No.1 to 5 before the learned Magistrate. 2) It is submitted that the Petitioners and Respondent No.1 have arrived at an amicable settlement by way of compromise wherein the Petitioners have agreed to pay Rs.5,00,000 (Rupees Five Lakhs Only) to Respondent No.2 by way of compensation for which the Complainant- Respondent No.2 has agreed for settlement. As per the terms of settlement the Petitioners are this day paying Rs.5,00,000 (Rupees Five Lakhs Only) vide Demand Draft bearing No.667612, dated - 6 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 27/11/2025, drawn on Punjab National Bank, Richmond Road Branch, Bangalore, favouring Respondent No.2. Further as per the terms of settlement the Petitioners have provided employment to the Complainant at MP Swarna Mahal, Richmond Town, Bangalore. 3) It is submitted that after the alleged incident the Petitioners have helped the deceased for immediate medical attendance and after his demise the Petitioners have on humanitarian grounds assisted the Complainant for transferring the deceased dead body to his native place. The Petitioners have also assisted the deceased Family financially from time to time. The alleged offence against the Petitioners is Triable by the Magistrate and is not punishable with life or death imprisonment. There are no criminal antecedents against the petitioners. 4) This court has ample powers under Section 528 of BNSS to allow the compounding of the offence as no purpose will be achieved in continuing the proceedings before the Learned Magistrate after the parties have arrived at a settlement. 5) Wherefore it is humbly pray that the Petitioners and Respondent No.1 may be permitted to compound the offence and record the settlement in the ends of justice.” - 7 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 5. The application is supported by the joint affidavit of the parties. 6. As per the settlement and joint affidavit, petitioners have paid a sum of Rs.5 lakhs (Rupees five lakhs only) by way of Demand Draft bearing No.667612 dated 27.11.2025 drawn on Punjab National Bank, Richmond Road Branch, Bengaluru, in favour of respondent No.2/complainant, son of the deceased. 7. Respondent No.2 has acknowledged the receipt of the Demand Draft. He submits that in view of the amicable settlement, he is not interested in pursuing the matter any further and he has no objection to quash the proceedings. 8. In the above facts and circumstances, no purpose will be served in continuing the criminal proceedings against the petitioners. Hence, in the interest of justice, it is just and proper to quash the proceedings, exercising the inherent jurisdiction of this Court vested - 8 - HC-KAR NC: 2025:KHC:49590 CRL.P No. 16302 of 2025 under Section 528 of BNSS, 2023. Accordingly, the following: ORDER I. Petition is allowed. II. The entire proceedings in CC No.63385/2025 pending on the file of the Court of the XXIX Additional C.J.M., Bengaluru, arising out of Cr.No.347/2024 of Ashoknagar Police Station, Bengaluru City, are quashed. Consequently, I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 3 Sl No.: 2