Criminal Petition No. 808 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.808 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED JUNAID BASHEER, S/O. BASHEER, AGED ABOUT 30 YEARS, R/AT NO.15-110-39, INDIRANAGAR, NEAR ABBAKKA CIRCLE, SUBHASHNAGAR, ULLAL, MANGLORE, D.K. – 575 020. 2. MOHAMMED SATTAR U., S/O. ABDUL RAHEEM, AGED ABOUT 32 YEARS, R/AT NO.15-109/1, ARFAINA MANZIL, SUBHASHNAGAR, ULLAL, MANGLORE, D.K. – 575 020. 3. MOHAMMED SADIQ, S/O. ALIYABBA, AGED ABOUT 34 YEARS, R/AT NO.15-110/21B, QUILIRIYA NAGARA, MUKKACHERI, ULLAL POST, MANGLORE, D.K. – 575 020. 4. MOHAMMED SHAHRUKH ULLAL, S/O. ALIYABBA, AGED ABOUT 30 YEARS, R/AT NO.15-110/21B, QUILIRIYA NAGARA, MUKKACHERI, ULLAL POST, MANGLORE, D.K. – 575 020. 5. MOHAMMED ASKAR, S/O AHMED, AGED ABOUT 28 YEARS, R/AT NO.14-71/7, T.C. ROAD, AREKERE, ULLAL, MANGLORE, D.K. – 575 020. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 6. NASWEERA ALI MOHAMMED, S/O A. MOHAMMED, AGED ABOUT 26 YEARS, R/AT NO.16-29/29, QUILIRIYA NAGARA, T.C ROAD, MUKKACHERI, ULLAL POST, MANGLORE, D.K. – 575 020. 7. MOHAMMAD MANSOOR, S/O ASIYAMMA, AGED ABOUT 32 YEARS, R/AT NO.4-114-3-1, KAPIKADU HOUSE, BOLIYAR, MANGLORE, D.K. – 574 153.
Legal Reasoning
(BY SRI. LETHIF B., ADVOCATE) AND: …PETITIONERS 1. THE STATE OF KARNATAKA REP. BY MANGLORE SOUTH POLICE STATION, D.K.DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001. 2. SHAHIF MUDASSIR, S/O. MOHAMMED NOORUDDIN, AGED ABOUT 34 YEARS, R/AT NO.541A/3, FATHIMA APARTMENT, MARIPALYA POST, KRISHNAPURA, SURATHKAL, MANGLORE, D.K.DISTRICT – 575 014. (DEAD) 3. USMAN SAHIL, S/O. ABDUL LATHIF, AGED ABOUT 35 YEARS, R/AT NO.F7, AYISHA APARTMENT, STARAK ROAD, FALNIR, MANGALURU, D.K. DISTRICT – 575 001. (BY SRI. THEJESH P., HCGP FOR R1, SRI SAMPATH KUMAR A.V., ADV. FOR R3) …RESPONDENTS - 3 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 IN S.C.NO.20/2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 307, 504, 427, 212 R/W 149 OF IPC AND SECTION 2(A) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SECTION 3, 27(2) OF ARMS ACT, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGLORE, WHICH IS HEREBY PRODUCED AS ANNEXURE-A. FOR 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, petitioners have sought for the following relief:- “Wherefore, the petitioner pray that this Hon’ble Court be pleased to quash the entire proceedings in S.C.No.20/2022 for the offence punishable under Section 143, 147, 148, 323, 324, 307, 504, 427, 212 r/w 149 of IPC, and Section 2(A) of Karnataka Prevention of Destruction and Loss of Property Act, and Section 3 and 27(2) of Arms Act, pending on the file of II Additional District and Sessions Judge, D.K., Mangalore which is hereby produced as Annexure-A, in the interests of justice.” 2. Learned counsel for the petitioners – accused Nos.4, 7, 8, 9, 12, 13 and 15 and learned counsel for respondent No.3 – complainant have filed separate Affidavits duly signed by the - 4 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 petitioner, 3rd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.4, 7, 8, 9, 12, 13 and 15 and their counsel and respondent No.3 and his counsel are physically present before the Court and they admit the contents of their respective Affidavit. Death Certificate of respondent No.2 is produced and the same is taken on record. The Affidavit of the petitioners reads as under:- “AFFIDAVIT “1. I, Mohammed Junaid Basheer, S/o. Basheer, Aged about 30 years, R/at No.15-110-39, Indiranagar, Near Abbakka Circle, Subhashnagar, Ullal, Mangalore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I, Mohammed Sattar U., S/o. Abdul Raheem, Aged about 32 years R/at-No.15-109/1, Arfaina Manzil, Subhashnagar, Ullal, Mangalore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 3. I, Mohammed Sadiq, S/o. Aliyabba, Aged about 34 years R/at-No.15-110/21b, Quiliriya Nagara, Mukkacheri, Ullal Post, Manglore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. - 5 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 4. I, Mohammed Shahrukh Ullal, S/o. Aliyabba, Aged about 30 years R/at-No.15-110/21B, Quiliriya Nagara, Mukkacheri, Ullal Post, Manglore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 5. I, Mohammed Askar, S/o. Ahmed, Aged about 28 years, R/at No.14-71/7, T.C. Road, Arekere, Ullal, Manglore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 6. I, Nasweera Ali Mohammed, S/o. A. Mohammed, Aged about 26 years, R/at No.16-29/29, Quiliriya Nagara, T.C. Road, Mukkacheri, Ullal Post, Manglore, D.K. – 575020 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 7. I, Mohammad Mansoor, S/o. Asiyamma, Aged about 32 years, R/at No.4-114-3-1, Kapikadu House, Boliyar, Manglore, D.K. – 574153 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 8. We state that, we are the petitioners in the above case and we know the facts and circumstances of the case. Hence we are deposing hereunder. 9. We state that, the complainant is presently no more and respondent No.3 who is the injured witness who cited as CW-2 in the charge sheet and we are residing in the same locality and our dispute is amicably settled and there is no allegation that, we had assaulted the complainant and injured. - 6 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 10. We state that, the main allegation of firing from gun is against accused No.1 who is no more for trial and continuation of trial against us without any allegations and the complainant never made any allegation of assault by us. 11. We state that, our dispute was amicably resolved with the intervention of both family and there is no requirement of trial for the alleged offences and complainant is not interested to prosecute the case against us. 12. We state that, we settled our misunderstanding with the intervention of elders and friends and we have no objection to quash the entire proceedings. Wherefore, I pray that, this Hon’ble Court may be pleased to permit the Petitioners and the 2nd Respondent to compound the offence consequently, quash the entire proceedings in S.C.No.20/2022 for the offence punishable under Section 143, 147, 148, 323, 324, 307, 504, 427, 212 r/w 149 of IPC, and Section 2(A) of Karnataka Prevention of Destruction and Loss of Property Act, and Section 3 and 27(2) of Arms Act, pending on the file of II Additional District and Sessions Judge, D.K., Mangalore which is hereby produced as Annexure-A, in the interests of justice.” 4. The Affidavit of 3rd respondent reads as under:- “AFFIDAVIT 1. I, Usman Shahil S/o. Abdul lathif, Aged about 30 years, R/at: No.F7, Ayisha Apartment, Starak Road, - 7 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 Falnir, Mangaluru, D.K. District – 575 001 today at Bengaluru do hereby solemnly affirm and state on oath as follows. 2. I state that, I am the injured witness to the alleged incident and I am the CW-2 in the charge sheet. Hence I am deposing hereunder. 3. I state that, I had filed a complaint against the petitioner without discussing with the family members and there is no specific allegations against these petitioners. 4. I state that, the person who fired from a gun is no more for Trial and we are resolved our dispute amicably to lead peaceful and cordial life in the society since we are all resident of same locality. 5. I state that, I have no force or threat to withdraw the complaint and filed this affidavit voluntarily to create peaceful atmosphere in the society and the allegations against these petitioners are not serious and I have no objection to quash the proceedings in the above case. 6. We state that, we settled our misunderstanding with the intervention of elders and friends and we have no objection to quash the entire proceedings. Wherefore, I pray that, this Hon’ble Court may be pleased to permit the Petitioners and the 2nd Respondent to compound the offence consequently, quash the entire proceedings in S.C.No.20/2022 for the offence punishable under Sections 143, 147, 148, 323, 324, 307, 504, 427, 212 r/w 149 of IPC, and Section 2(A) of Karnataka Prevention of - 8 - NC: 2025:KHC:4195 CRL.P No. 808 of 2025 Destruction and Loss of Property Act, and Section 3 and 27(2) of Arms Act, pending on the file of II Additional District and Sessions Judge, D.K., Mangalore which is hereby produced as Annexure-A, in the interests of justice.” 5. In view of the aforesaid settlement entered into between the petitioners and 3rd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Affidavits dated 29.01.2025 filed by petitioners and 3rd respondent. (ii) The proceedings in S.C.No.20/2022 registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 427, 212 r/w 149 IPC and Section 2(A) of Karnataka Prevention of Destruction and Loss of Property Act and Sections 3 and 27(2) of the Arms Act, pending on the file of the II Addl. District & Sessions Judge, D.K., Mangalore, insofar as the petitioners are concerned are hereby quashed. SV; List No.: 5 Sl No.: 4 Sd/- (S.R.KRISHNA KUMAR) JUDGE