ABDUL KHADER v. I, Abdul Khader

Digitally signed by CHANDANA B M Location: High Court of Karnataka (BY SRI. MOHAMMED KALEEM, ADVOCATE) …PETITIONER AND:

THE STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, BENGALURU CITY, REP. BY THE S.P.P, HIGH COURT BUILDING, BANGALORE – 560 001.

DNYANESHWAR PARASHARAM BHUTTEWADKAR, S/O PARASHARAM, AGED ABOUT 22 YEARS, R/AT AMARA JYOYI LAYOUT, 20TH CROSS, 1ST MAIN, SANJAY NAGAR, BANGALORE – 560 094. (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. BHUVAN N., ADV. FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:18695 CRL.P No. 7377 of 2025 HC-KAR THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.269/2023 OF SADASHIVANAGAR P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTION 392 OF IPC ON THE FILE OF 39TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY. 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 relief:

Quash the FIR in Crime No.269/2023 of Sadashivanagar Police Station for the offence punishable under Section 392 of IPC on the file of 39th Addl. Chief Metropolitan Magistrate, Bengaluru City, in the interest of justice.

2. Learned counsel the petitioner has filed an application requesting to compound the offences along with separate Affidavits of the petitioner and respondent No.2 duly signed by the petitioner, 2nd respondent and their respective counsel and the same are taken on record. - 3 - NC: 2025:KHC:18695 CRL.P No. 7377 of 2025 HC-KAR

Petitioner – accused and his counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of their respective Affidavit. The affidavit of the petitioner reads as under:- “AFFIDAVIT I, Abdul Khader S/o. Amjad Pasha, aged about 25 years R/at No.24/1, 5th Main Road, 5th Cross, Gangappa Block, Ganganagar, Near KEB Office, Bangalore North, RT Nagar, Bangalore – 560 032, hereby solemnly affirm on oath as follows:

1. I state that I am the petitioner in the above case, we know the facts and circumstances of the case hence we are swearing to this affidavit.

2. I state that the 2nd respondent filed complaint against me with an ill intention that they snatched the mobile phone from mobile stand.

3. I state that, I and the complainant are residents of same village and we are known to each other and with the intervention of the family members we amicably settled the dispute.

I state that, now after settling the matter the respondent has no objection to quash the proceedings against us and hence this Affidavit.

Wherefore, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, in the interest of justice and equity.” - 4 - NC: 2025:KHC:18695 CRL.P No. 7377 of 2025 HC-KAR The affidavit of respondent No.2 reads as under:- “AFFIDAVIT I, Dnyaneshwar Parasharam Bhuttewadkar S/o.Parasharam, aged about 22 years, R/at Amara Jyoyi Layout, 20th Cross, 1st Main, Sanjay Nagar, Bangalore – 560094, do hereby solemnly affirm on oath as follows:

1. I state I am the complainant / 2nd respondent in the above case, I know the facts and circumstances of the case.

2. I state that I had filed complaint against the petitioners without consulting the family members and there was dispute with regard to the shop which was let out to them.

3. I state I and the petitioner are residents of same village and we are known to each other and with the intervention of the family members we amicably settled the dispute.

4. I state that, now after settling the matter I have no objection to quash the FIR against petitioners and I have signed this affidavit without threat coercion undue influence from anyone. Hence this Affidavit.

5. Wherefore, I pray that this Hon’ble Court may be pleased to allow the accompanying application as prayed for, in the interest of justice and equity.”