Criminal Petition No. 1442 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1442 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. UMARUL FAROOQ HALIYARA AGED ABOUT 42 YEARS S/O AHAMAD BOVIKANA AMMNGOD, NO.2-135B HALYARA HOUSE, RAMAKUNJA PUTTUR, DAKSHINA KANNADA-574 241 2. MOHAMMED FAIJAL, AGED ABOUT 30 YEARS, S/O HANEEF, ALAKE HOUSE, K C FARAM KOILA POST, PUTTUR TALUK, KOILA DAKSHINA KANNADA-574 241 3. PARSHIN AHAMAD AGED ABOUT 20 YEARS, S/O S K MAHAMMAD HANEED NO.1-179 ALAKE HOUSE, KEMMARA PUTTUR TALUK, VTC: KOILA DAKSHINA KANNADA -574241 Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI. MOHAMMED MONISH SOWKAR., ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 AND: 1. THE STATE OF KARNATAKA BY WHITE FIELD POLICE STATION, BANGALORE REPRESENTED BY PUBLIC PROSECUTOR BANGALORE -560001 2. KIRAN AGED ABOUT 33 YEARS, S/O ASHWATHAPPA, NO.F 406, BM MANGOLIYA, APT, NEAR MK TRAVELS IMMADI WHITEFIELD KARNATAKA- 560066 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. MOHAMMED MUSTHAFA, ADVOCATE FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE FURTHER INVESTIGATION PROCEEDINGS IN THE CRIME NO.805/2024 PERTAINING TO WHITEFIELD POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 118(2) R.W.S 3(5) OF BNS 2023, PENDING ON THE FILE ADDL. CJM (ACJM) BANGALORE RURAL DISTRICT, BANGALORE. 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 has sought for the following reliefs:- - 3 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 “ a) Allow the criminal Petition and quash the further investigation/proceedings in the Crime No.805/2024 pertaining to Whitefield Police station for the offences punishable under section 118(2) r.w.s 3(5) of BNS 2023, pending on the file of Addl. Chief Judicial Magistrate, ACJM, Bengaluru Rural District, Bengaluru in the interest of justice and equity. b) Grant such other reliefs as this Hon’ble Court may deed fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Learned counsel for the petitioners – accused No.1 to 3 and learned counsel for second respondent – complainant have filed a Joint affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos. 1 to 3 and their counsel and learned counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint affidavit, which reads as under:- - 4 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 “JOINT AFFIDAVIT Halyara #2-135B We, 1) Umarul Farooq Haliyara, s/o Ahamad Bovikana, Aged about 42 year, R/ at Ammangod, House, Ramakunja Puttur, Dakshina Kannada-574 241, 2)Mohammed Faijal, S/o Haneef, Aged about 30 year, R/at Alake House KC Faram Koila Post, Puttur Taluk Dakshina Kannada-574 241, 3) Parshin Ahamad, S/o S.K Mahammad Haneed, Aged about 20 year, R/at 1-179 Alake House Kemmara, Puttur Taluk, VTC; Koila Dakshina Kannada-574 241. (First parties/ petitioners) I, Kiran, S/o Ashwathappa, aged about 22 year, R/at No.F 406, BM Mangoliya Apt, Near MK Travels, Immadi Whitefield- 560066 (Second Party), Today at Bengaluru, we Do hereby solemnly State an oath as follow. 1. We are Petitioners No.1 to 3 and Respondent No.2 respectively, in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit. 2. We states that, the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We states that, the First Parties filed the above petition under section 528 of Bharatiya Nagarik Suraksha Sanhita with a prayer to quash the F.I.R and entire Proceedings in Crime No.805/2024 for the offences punishable under sections 118(2) r.w.s 3(5) of BNS pertaining to Whitefield Police station pending on judicial Magistrate Bangalore. file of Chief the - 5 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 4. We state that, the second party is a Complainant Working in HP Company as transport Supervisor, on 19.11.2024, second party gave a complaint to the Respondent No.1 against first parties and Respondent No.1 registered an FIR in Crime No. 805/2024 against the petitioners. that time, chicken items, at that, on 19.11.2024, 5. We state the complainant visited Chicken County in the evening at around 7 PM and placed an order for the complainant told the cashier that the chicken he had bought the previous day was not good. For this silly reasons both the petitioners and Respondent No.2 had verbal fight and the Respondent No.2 to teach the petitioners a lesson hastily filed Complaint against them. In light of these circumstances, it is respectfully submitted that a lenient view may be taken while considering this affidavit. 6. We state that the petitioners have amicably resolved all disputes with Respondent No. 2 through mutual understanding between the parties. The petitioners and Respondent No.2 have expressed their willingness to maintain peace and harmony. The Respondent No. 2 has agreed not to pursue the matter any further. In light of this amicable resolution, the petitioners humbly request that the complaint be quashed and no further proceedings be initiated We state that, there is no coercion, undue influence or force from anybody upon us to file this affidavit and the second party willfully give consent to quash the case in Crime No. 805/2024 the offences punishable under section 118(2) r.w.s 3(5) of BNS pertaining to Whitefield Police station pending on the file Chief Judicial Magistrate for - 6 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 Bangalore which was complaint. registered on his WHEREFORE, we humbly pray that this Hon'ble Court be please to accept the joint affidavit and to Hon'ble court be pleased to allow the the criminal petition quashing criminal proceedings in Crime No.805/2024 for the offences punishable under section 118(2) r.w.s 3(5) of BNS pertaining to Whitefield Police station pending on the file of file Chief judicial Magistrate Bangalore, in the interest of justice and equity. Whatever stated in para no. 1 to 6 of the affidavits is true to the best of our knowledge, belief and information.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of Joint affidavit dated 21.02.2025. (ii) The Complaint / FIR in Crime No.805/2024 of Whitefield Police Station registered for the offences punishable under Sections 118(2), - 7 - NC: 2025:KHC:8020 CRL.P No. 1442 of 2025 r.w.s.3(5) of BNS, 2023 pending on the file of the Additional Chief Judicial Magistrate, ACJM, Bengaluru Rural District, Bengaluru in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVK List No.: 1 Sl No.: 58