- 1 - HC-KAR CNR: KAHC010090122022 NC: 2026:KHC:52728 WP No. 4391 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 4391 OF 2022 (GM-RES) BETWEEN: 1. MOHAMED ABDUL KHADEER @ ABDUL KHADEER S/O LATE ABDUL KHUDUS @ SARDAR AGED ABOUT 49 YEARS, 2. SMT. FATHIMA NISSAN BEGUM W/O NAVEEN D/O LATE ABDUL KHUDUS @ SARDAR AGED ABOUT 52 YEARS, (DIED ON 06.01.2026) 3. MISS. NAZNEEN BEGUM D/O LATE ABDUL KHUDUS @ SARDAR AGED ABOUT 36 YEARS, 4. SMT. NOORUNISSA BEGUM W/O LATE ABDUL KHUDUS @ SARDAR AGED ABOUT 68 YEARS, (DIED ON 11.10.2024) ALL PETITIONERS ARE RESIDING AT NO.102, WEST BURRY RESIDENCY, NO.235, 1ST STAGE, 2ND BLOCK, HBR LAYOUT, JSS SCHOOL ROAD, BENGALURU - 560 043. …PETITIONERS (BY SRI. MANOJ S.N, ADVOCATE) AND: 1. THE STATE BY SUB INSPECTOR OF POLICE, ASHOK NAGARA POLICE STATION, BENGALURU - 560 001, KARNATAKA Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010090122022 NC: 2026:KHC:52728 WP No. 4391 of 2022 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. 2. SMT. HABEEBUNNISA BEGUM W/O SRI. MOHAMMED ASIF AGED ABOUT 54 YEARS, R/AT NO. 42, 5TH CROSS, CENTRAL REVENUE LAYOUT, HEGDE NAGAR, BENGALURU - 560 077. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI. ANIKETAN SUVVI, ADVOCATE FOR SRI. ARVI H.K, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.PC PRAYING TO QUASH THE ORDER DTD 05.02.2022 PASSED IN PCR NO.50475/2022 BY THE LEARNED XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU (ANNEXURE- H) AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri.Manoj S. N., learned counsel for the petitioner, Smt.Waheeda M. M., learned High Court Government Pleader for respondent No.1 and Sri.Aniketan Suvvi, learned counsel appearing for Sri.Ravi H. K., learned counsel for the respondent No.2. - 3 - HC-KAR CNR: KAHC010090122022 NC: 2026:KHC:52728 WP No. 4391 of 2022 2. Petitioners herein had challenged filing of the separate case by way of a private complaint in PCR No.50475/2022. 3. During the pendency of the petition, petitioner Nos.2 and 4 died and as such, petition stood dismissed as abated insofar as petitioner Nos.2 and 4 are concerned 4. Main plank on which the private complaint came to be filed by respondent No.2 who was the plaintiff in O.S.No.25122/2015 is to the effect that defendant No.4 has contended in her written statement in the said suit that she has adopted the plaintiff. 5. Remaining petitioners in the present petition are defendant Nos.1 and 3 in the said suit and they did not make any such allegations. therefore, there is no suppression of facts or concealment of facts for filing of the private complaint or continuation thereof. 6. Since petitioner No.4 who was defendant No.4 in the suit is no more and remaining petitioners being defendant Nos.1 to 3 did not take any such contentions, continuation of the private complaint would not arise at all. - 4 - HC-KAR CNR: KAHC010090122022 NC: 2026:KHC:52728 WP No. 4391 of 2022 7. As such, a case is made out for quashing the pending proceedings in PCR No.50475/2022. 8. Accordingly, the following: ORDER i. Petition is allowed. ii. Proceedings in PCR No.50475/2022 dated 05.02.2022 on the file of XXIX Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 19