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2025 DAILYLAW 92020 (KAR)

FIAZAL KHAN v. STATE BY

CRL.P/14675/2025 · 2025-11-13

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46547 CRL.P No. 14675 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14675 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. FIAZAL KHAN S/O ADAM SIAFULLA KHAN, AGED ABOUT 31 YEARS, NO.152, 5TH CROSS, RAHMATH NAGAR, R.P. NAGAR, BANGALORE - 43. 2. AFREEN KHAN, W/O ASGAR ALI, AGED ABOUT 34 YEARS, NO.4 MAHIMI MANZIL, NOUPAD, BANDRA EAST, MUMBAI, MAHARASHTRA - 40051. 3. AFROZA KHANUM, W/O MOHAMMED ALI, AGED ABOUT 39 YEARS, NO.10, 1ST CROSS, DINNUR MAIN ROAD, R.P NAGAR, BANGALORE - 32 …PETITIONERS (BY SRI. IQBAL AHMED KHAN, ADVOCATE) AND: 1. STATE BY D.J HALLI POLICE BANGALORE REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46547 CRL.P No. 14675 of 2025 BANGALORE - 560 001. 2. AGAR ALI, S/O MOHAMMED AZAM AGED ABOUT 39 YEARS, NO.4000/1, S.R MANZIL, 13TH CROSS, 2ND MAIN, VINOBHA NAGAR, DAVANAGERE CITY, DAVANAGERE - 577 …RESPONDENTS (BY SRI. ANOOP KUMAR M.N, HCGP FOR R1; SRI. HARSHA VEERANGOUDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CASE IN CRIME NO.186/2025 REGISTERED BY RESPONDENT NO.2 POLICE FOR THE ALLEGED OFFENCES P/U/S 389, 448, 417 R/W 34 OF IPC PENDING ON THE FILE OF THE XI ACMM AT BANGALORE (MAHO HALL) BY ALLOWING THE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are before this Court seeking to quash the FIR in Crime No.186/2025 of Devarajeevanahalli Police Station, Bengaluru city, registered for the offences punishable under Sections 379, 448, 417 r/w Section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:46547 CRL.P No. 14675 of 2025 2. The 2nd respondent herein filed a private complaint before the 11th Additional Chief Metropolitan Magistrate, Bengaluru, which was referred to the police for investigation, consequent to which the FIR was registered against accused Nos.1 to 4. 3. It is alleged that the accused named in the FIR broke open the lock of the house of the complainant and took away certain valuables. 4. It is submitted that petitioner No.2 is the wife of respondent No.2/complainant. Parties are closely related. They have settled the disputes among themselves and respondent No.2 is not interested in proceeding with the case any further and he has no objection to quash the proceedings, in view of the settlement. 5. Petitioners' counsel has produced a deed of settlement-consent terms entered between petitioner No.2 and respondent No.2. 6. In the said deed of settlement, the parties have agreed to close the cases registered against each other, - 4 - HC-KAR NC: 2025:KHC:46547 CRL.P No. 14675 of 2025 including the present case. Respondent No.2/defacto complainant is present before the Court and is identified by his learned counsel. He submits that the matter has been settled and therefore, he do not wish to proceed with the case any further and he has no objections to quash the proceedings. 7. The complaint averments reveal that the dispute is between the complainant and the accused named in the FIR and it is private in nature. 8. The complainant and the petitioners have already filed deed of settlement and in terms of the settlement, the parties have sought to quash the proceedings. 9. In the above facts and circumstances, no useful purpose will be served in continuing the proceedings pending before the Trial Court. Justice demands that the dispute between the parties be put to an end. 10. Accordingly, the following:- - 5 - HC-KAR NC: 2025:KHC:46547 CRL.P No. 14675 of 2025 ORDER i. Petition is allowed. ii. The entire proceedings arising out of PCR No.52993/2025 on the file of the 11th Additional Chief Metropolitan Magistrate, Bengaluru and consequent registration of FIR in Crime No.186/2025 of Devarajeevanahalli Police Station, Bengaluru city are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 5