Criminal Petition No. 3023 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 3023 OF 2024 (482(Cr.PC) / 528(BNSS)-) C/W CRIMINAL PETITION NO. 3071 OF 2023 Digitally signed by VEDAVATHI A K Location: High Court of Karnataka IN CRL.P No. 3023/2024 BETWEEN:
Legal Reasoning
1. SRI. BASHEER AHMED S/O LATE KHASIM SAB @ KHASIM KHAN AGED ABOUT 60 YEARS 2. SRI. NOOR AHMED KHAN S/O LATE KHASIM SAB @ KHASIM KHAN AGED ABOUT 55 YEARS 3. SRI. MUKTHIYAR AHMED S/O LATE KHASIM SAB @ KHASIM KHAN AGED ABOUT 58 YEARS 4. SRI. JAVEED KHAN S/O MOHAMMED MUKTHIYAR AGED ABOUT 22 YEARS 5. SRI. MUZAHEED KHAN S/O MOHAMMED MUKTHIYAR AGED ABOUT 24 YEARS - 2 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 6. SRI. TAZEER PASHA S/O SAIFULLA KHAN AGED ABOUT 40 YEARS 7. SRI. WASEEM PASHA S/O SAIFULLA KHAN AGED ABOUT 32 YEARS 8. SRI. SHABEER ULLA KHAN S/O LATE GHOUSE PEER KHAN AGED ABOUT 57 YEARS 9. SRI. RAFI AHMED KHAN S/O LATE GHOUSE PEER KHAN AGED ABOUT 46 YEARS 10. SRI. ZABIULLA KHAN S/O LATE GHOUSE PEER KHAN AGED ABOUT 41 YEARS 11. SMT. SEEMA BANU W/O RAFI AHMED KHAN AGED ABOUT 27 YEARS 12. SMT. ISHRATH UNNISSA W/O NOOR AHMED KHAN AGED ABOUT 47 YEARS 13. SMT. RAFIYA KHANUM W/O MOHAMMED MUKTHIYAR AGED ABOUT 48 YEARS ALL ARE RESIDING AT MALLAGHATTA VILLAGE KUNIGAL TALUK, TUMKUR DISTRICT - 572 101. (BY SRI. CHANDRAPPA K N., ADVOCATE) …PETITIONERS - 3 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, KUNIGAL POLICE STATION KUNIGAL - 572 130. REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. MALLIKA BHANU D/O DASTHAGIR KHAN AGED ABOUT 20 YEARS R/AT MALLAGHATTA WARD NO.2 KUNIGAL TALUK, TUMKUR DISTRICT - 572 101. (BY SMT. ANITHA GIRISH, HCGP FOR R1; SRI. P.M.GOPI, ADVOCATE FOR R2) …RESPONDENTS ENTIRE PROCEEDINGS THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH IN C.C.NO.4337/2023 (CR.NO.426/2022) REGISTERED WITH RESPONDENT KUNIGAL POLICE, AGAINST THE PETITIONERS WHO ARE ACCUSED NO.1 TO 13, FOR THE ALLEGED OFFENCE P/U/S 143, 147, 148, 323, 324, 354, 427, 447, 504, 506 R/W 149 OF IPC, PENDING IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL, TUMKUR. IN CRL.P NO. 3071/2023 BETWEEN: 1. SRI. DASTAGIR KHAN SON OF LATE PHEER KHAN, AGED ABOUT 58 YEARS, - 4 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK , TUMKUR DISTRICT - 572 130. 2. SMT. SUFIYA BANU, WIFE OF DASTAGEER KHAN, AGED ABOUT 53 YEARS, RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 3. SRI. M. OHAMMED MUZAMIL SON OF DASTAGIR KHAN AGED ABOUT 25 YEARS, RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. 4. SRI. MOHAMMED AWEZ ULLAL SON OF LATE KAREEM, AGED ABOUT 44 YEARS, RESIDING AT MALLAGHATTA VILLAGE KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. 5. SRI. MOHAMMED JULFIKAR, SON OF MAULANA KAREEM PEER, AGED ABOUT 31 YEARS RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK TUMKUR DISTRICT - 572 130. 6. SRI. MOHAMMED GALTAF, SON OF DASTAGIR KHAN, AGED ABOUT 29 YEARS, RESIDING AT MALLAGHATTA VILLAGE, - 5 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK. TUMKUR DISTRICT - 572 130. 7. SMT. SHAHATAJ BHANU WIFE OF AZGAR PASHA AGED ABOUT 49 YEARS, RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. 8. SMT. NOOR ASIYA WIFE OF AVEEZ ULLA KHAN AGED ABOUT 33 YEARS, RESIDING AT MALLAGHATTA VILLAGE KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. 9. SRI. AFTAB KHAN A SON OF LATE AZGAR, AGED ABOUT 22 YEARS, RESIDING AT MALLAGHATTA VILLAGE, KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572130 10. SMT. SHADAB KHATOON WIFE OF MOHAMMED JULFIQAR, AGED ABOUT 28 YEARS, RESIDING AT MALLAGHATTA VILLAGE KOTHAGERE HOBLI, KUNIGAL TOWN, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. (BY SMT. VASUNDARA T P., ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE) ...PETITIONERS - 6 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY KUNIGAL POLICE STATION, KUNIGAL, TUMKUR DISTRICT, THROUGH SPP, HIGH COURT BUILDING BENGALURU - 560 001. 2. SRI. NOOR AHAMED KHAN, SON OF LATE KHASIM KHAN AGED ABOUT 55 YEARS, RESIDING AT WARD NO.2, MALLAGHATTA, KUNIGAL TOWN, TUMKUR DISTRICT, KUNIGAL - 572 130. (BY SMT. ANITHA GIRISH., HCGP FOR R1; SRI. S. M. ANEES AHMED, ADVOCATE FOR R2) ...RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.420/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION-143, 147, 148, 323, 324, 354, 447, 427, 504, 506 READ WITH SECTION-149 OF INDIAN PENAL CODE BY THE FIRST RESPONDENT KUNIGAL POLICE AS PER ANNEXURE-A ON THE BASIS OF THE WRITTEN COMPLAINT GIVEN BY THE COMPLAINANT AS PER ANNEXURE-B NOW PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KUNIGAL BY ALLOWING THE ABOVE PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER Crl.P.No.3023/2024 is filed by the petitioners/accused Nos.2 to 13, (accused No.1 dead), under Section 482 of Cr.P.C., for quashing the criminal proceedings in C.C.No.4337/2023, arising out of crime No.426/2022, registered by the Kunigal police station, charge sheeted for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 427, 447, 504, 506 R/w 149 of IPC. Where as Crl.P.No.3071/2023 is filed by the petitioners/accused Nos.1 to 10, under Section 482 of Cr.P.C., for quashing the FIR in Crime No.420/2022, registered by the Kunigal police station, charge sheeted for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 427, 447, 504, 506 R/w 149 of IPC. During the pendency of the petitions in both the cases, petitioners and respondent No.2 are filed joint compromise application seeking permission to compound the offences. - 8 - NC: 2025:KHC:3427 CRL.P No. 3023 of 2024 C/W CRL.P No. 3071 of 2023 Both the parties submits that they are settled the dispute between them with the intervention of the elders and family members. It appears the case and counter case is filed against both parties by the same police, now the parties are settled their issues. Hence, IAs filed by the both parties in both the cases are allowed and permitted them to compound the offences. Accordingly, both the applications are allowed. Consequently, the Crl.P.No.3023/2024 is allowed. The accused No.1 is already dead. The criminal proceedings against the accused Nos.2 to 13 in C.C.No.4337/2023, arising out of Crime No.426/2022, registered by the Kunigal police station, is hereby quashed. The Crl.P.No.3071/2023 is also allowed. The criminal proceedings against the accused Nos.1 to 10 arising out of Crime No.426/2022, registered by the Kunigal police station, is hereby quashed. Sd/- (K.NATARAJAN) JUDGE SRK/-List No.: 2 Sl No.: 6/-CT:SK