- 1 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10544 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: HASSAIN ALIAS SHEIK HASSAIN S/O BASHA, AGED ABOUT 19 YEARS, R/AT C/O CHAIRMAN, SYED SADIQ SHIKARI PALYA VILLAGE, MECA MASJID NEAR JIGANI HOBLI, ANEKAL TALUK KARNATAKA – 560 105 …PETITIONER (BY SRI. SHAHIDA KHANUM J., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAGODI P. S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU – 560 001 2. THE INFORMANT SMT. ZAKIRA W/O SHEIK MOULA AGED ABOUT 27 YEARS, R/AT DHIKSTIPSLYS VILLAGE MEHABOOB MUTTON STALL AKBAR NAGAR, MECA MASJID NEAR JIGANI HOBLI ANEKAL TALUK KARNATAKA – 560 105 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. SADDAM HUSEN M., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 17.01.2024 REGISTERED BY THE RESPONDENT NO.1 i.e., HEBBAGODI P.S. IN SPL.C.NO.293/2024 ARISING OUT OF CR.NO.41/2024 FILED FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 OF IPC, U/S 4, 5(L), 6 OF POCSO ACT FILED AGAINST THE PETITIONER/ACCUSED PRESENTLY PENDING FOR DISPOSAL ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-III) BENGALURU RURAL DISTRICT, AT BENGALURU, VIDE ANNEXURE-A AND ETC. 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 the following reliefs: “WHEREFORE, the above-named Petitioners most humbly prays that this Hon'ble Court may be pleased to: A) Call for entire records in Spl.C.No. 293/2024 presently pending for disposal on the file of the Learned Addl. District & Sessions Judge (FTSC-III), Bengaluru Rural District Bengaluru. B) Quash 17/01/2024 registered by the Respondent No. 1 i.e., Hebbagodi P.S in Spl.C.No.293/2024 (arising out of Crime No.41/2024] filed for the offences punishable under section 376 of Indian Penal Code Under Section 4, 5(L), 6 of POCSO Act filed against the Petitioner /Accused presently pending for disposal on the file of the Addl. District & - 3 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 Sessions Judge (FTSC-III), Bengaluru Rural District Bengaluru vide ANNEXURE-A. C) Consequently, quash the Compliant dated 17-01- 2024 filed by the 2nd Respondent vide Annexure-B. D) Quash the entire Charge Sheet in SPL.C.No.293/2024 filed for the offences punishable under section offences punishable under section 376 of Indian Penal Code Under Section 4,5(L), 6 of POCSO Act Against accused/petitioner presently pending for disposal on the file of the Learned Addl. District & Sessions Judge FTSC-III, Bengaluru Rural District at Bengaluru vide ANNEXURE-C. E) Quash the entire proceeding initiated against the in Petitioners/Accused SPL.C.No.293/2024 (arising out of Crime No.41/2024] punishable under section offences punishable under section 376 of Indian Penal Code Under Section 4, 5(L), 6 of POCSO Act against the accused/petitioner presently pending for disposal on the file of the Addl. District & Sessions Judge (FTSC-III), Bengaluru Rural District at Bengaluru vide ANNEXURE-D. F) May grant such other relief or reliefs or direction/s as this Hon'ble Court deems fit to grant in the facts and the circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed a Joint - 4 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT We, Hassain @ Sheik Hassain, S/o Basha, Aged about 19 years, R/A T C/O Chairman Syed Sadiq, Shikari Palya Village, Meca Masjid Near, Jigani Hobli. Anekal Taluk Karnataka- 560105 and Zakira W/o Sheik Moula, Aged about 35 years, R/At Dhikstipslys Village, Mehaboob Mutton Stall Akbar Nagar, Meca Masjid Near Jigani Hobli Anekal Taluk Karnataka 560105 do hereby solemnly affirms and state on oath as under: 1. We state that, we are the Petitioner and Respondent No.2 in the above matter, since we are aware of the facts and circumstances which led to the filing of the above petition. Hence, we are competent to swear this Joint Affidavit. 2. We state that, we all have mutually have settled our issues/ disputes. It is further submitted that we have settled our disputes and therefore we have no grievances, claims against each other. 3. We submit that, we and other above-named Petitioner and Respondent No.2 have settled the disputes - 5 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 without any force, coercion and or threat and the settlement is voluntary in nature. Wherefore, we most humbly pray, that this Hon'ble Court to allow this joint affidavit and allow the above petition by quashing the entire proceedings Spl.C.No.293/2024 [arising out of Crime No.41/2024] presently pending for disposal on the file of the Addl. District & Sessions Judge, (FTSC-III), Bengaluru Rural District at Bengaluru for the offences punishable under section 376 of Indian Penal Code R/w section 4, 5 (L), 6 of the POCSO Act,, in the interest of justice. We submit that the above averments are true, correct to the best of my faith, knowledge and belief.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 22.07.2025. (ii) The proceedings in Spl.C.No.293/2024 (arising out of Crime No.41/2024 of 1st respondent – Police) registered for the offences punishable under Section 376 of IPC and Sections 4, 5(L), 6 of POCSO Act, pending on the file of - 6 - HC-KAR NC: 2025:KHC:27718 CRL.P No. 10544 of 2025 Additional District and Sessions Judge (FTSC- III), Bengaluru Rural District at Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 11 Sl No.: 8