Writ Petition No. 17752 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17752 OF 2025 (GM-RES) BETWEEN: AHMEDULLA @ AHMAD @ RADO S/O MOHAMMED ZAKAULLA AGED ABOUT 39 YEARS R/AT #301, PALLAVI APARTMENT SHAMPUR MAIN ROAD NEAR AMBEDKAR MEDICAL HOSPITAL INDERJEET LAYOUT, BANGALORE NORTH BANGALORE - 560 045. (BY SRI KARTHIK KUMAR K., ADVOCATE) …PETITIONER AND: 1.
Legal Reasoning
Digitally signed by CHANDANA B M Location: High Court of Karnataka THE STATE OF KARNATAKA BY KALASIPALYA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. 2. SYED ROSHAN S/O SYED KHALEEM AGED ABOUT 25 YEARS R/AT NO.213, 3RD 'D' CROSS HRBR LAYOUT, KAMMANAHALLI BENGALURU CITY - 42.
Legal Reasoning
(BY SRI CHENNAPPA ERAPPA, HCGP FOR R.1; SRI KARTHIK G. BILLAVA, ADVOCATE R.2.) …RESPONDENTS - 2 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGRIK SURAKSHA SANHITA, PRAYING TO QUASH THE F.I.R DATED 09.06.2025, IN CRIME NO.0122/2025, REGISTERED BY RESPONDENT KALASIPALYA POLICE, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 109(1), 137(2), 351(2) AND 190 OF BHARATIYA NYAYA SANHITA (BNS), 2023, PENDING ON THE FILE OF LEARNED 5TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BANGALORE CITY VIDE ANNEXURE -A., ETC. 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, the petitioner has sought for the following reliefs: "WHEREFORE, the Petitioner, most respectfully pray that this Hon'ble court be pleased to: Issue a Writ of Certiorari or any other writ or order a) seeking to quash the F.I.R dated 09.06.2025, in Crime No.0122/2025, registered by Respondent Kalasipalya Police, Bengaluru, for the offences punishable under Section 109(1), 137(2), 351(2) and 190 of Bharatiya Nyaya Sanhita (BNS), 2023, pending on the file of Learned 5TH Additional CMM Court, Bangalore City., vide ANNEXURE-A. Pass such other order/s as this Hon'ble Court b) deem fit under the facts and circumstances of the case, in the interest of justice and equity." - 3 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR 2. Learned counsel for the petitioner has filed the application-I.A.No.1/2025 accompanied by a joint affidavit reporting amicable settlement of the dispute between the petitioner and respondent No.2 and for compounding the offences. The said joint affidavit reads as under: "JOINT AFFIDAVIT We, the undersigned: 1. AHMEDULLA @AHMAD @ RADO, S/o Mohammed Zakaulla, Aged about 39 years, R/at #301, Pallavi Apartment, Shampur Main Road, Near Ambedkar Medical Hospital, Inderjeet Layout, Bangalore North, Bangalore, hereinafter referred to as the PETITIONER; 2. SYED ROSHAN, S/o Syed Khaleem, Aged about 25 years, Residing at No.46, IOTH 'A' Main Road, 4TH Cross, 4TH Block, HBR Layout, Imdad Nagar, Bangalore, hereinafter referred to as RESPONDENT NO.2; 3. SYED KALEEM, S/o Syed Ahmed, Aged about 52 years, Residing at 12-2-709/A/216/A, Padmanabha Nagar, Pillar No.55, Mehdipatnam, Hyderabad, Andhra - 4 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR Pradesh, today at Bengaluru, hereinafter referred to as VICTIM NO.1; 4. AYAZ AMEEN, S/o Ameen, Aged about 31 years, Residing at #07, 11th Cross, Padarayanapura, Government Electric Factory, Bangalore south, Bangalore, hereinafter referred to as VICTIM NO.2; do hereby solemnly affirm and state as follows: 1. I, AHMEDULLA @ AHMAD @ RADO, the Petitioner in the above case, and I, SYED ROSHAN, the Respondent No.2 in the above case, and I, SYED KUAL FEM. Victim No. 1 and L, AYAZ AMEEN, the Victim No 2 in the above case do hereby state and affirm that we are fully conversant with the facts of the case, and we are swearing to this affidavit on our own behalf. 2. We state that, based on the settlement arrived between us, the Petitioner has filed the present application under Section 359 read with Section 528 of BNSS, 2023, seeking for compounding of the alleged offences. 3. We state that, upon the advice and intervention of elders, well-wishers, and mutual friends, the parties to the dispute have held deliberations and arrived at an amicable compromise and settlement with respect to - 5 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR subject matter of complaint, without any coercion, inducement or undue influence. 4. We state that the Petitioner, Respondent No.2, and Victims have resolved all their differences and decided not to pursue the complaint or any other legal proceedings against each other in connection with the said incident. The Respondent No.2 and Victim have agreed to withdraw all the allegations alleged in the present case. 5. We state that the Respondent No.2 and the Victims have no objection to the quashing of the criminal proceedings initiated against the Petitioner, in the interest of justice and maintaining cordial relations. 6. We state that this Joint Affidavit is executed voluntarily by all the parties to place the true facts before the Hon'ble Court and to request the Hon'ble court to take on record the compromise and quash the criminal proceedings arising out of the said complaint in view of the settlement. 7. We state that the parties undertake not to initiate any further litigation or complaint against each other in respect of the subject incident, and agree to abide by the terms of this compromise in good faith." - 6 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR 3. Learned counsel for the petitioner submits that the petitioner is presently in police custody with respondent No.1- Kalasipalya Police Station and in addition to quashing the impugned proceedings on account of the settlement, respondent No.1 may be directed to release the petitioner forthwith. Submission is placed on record. 4. In view of the aforesaid joint affidavit and the settlement arrived at between the petitioner and respondent No.2, the impugned proceedings deserves to be quashed and necessary directions are to be issued to respondent No.1 for immediate release of the petitioner. 5.
Decision
In the result, I pass the following: ORDER (i) I.A.No.1/2025 filed by the parties is hereby allowed. (ii) Petition is hereby allowed in terms of the joint affidavit filed by the petitioner and respondent No.2. - 7 - NC: 2025:KHC:21914 WP No. 17752 of 2025 HC-KAR (iii) The proceedings in Crime No.122/2025 on the file of 5th Additional CMM Court, Nrupathunga Road, Bangalore City, qua the petitioner is concerned are hereby quashed. (iv) Respondent No.1-Kalasipalya Police Station authorities are directed to release the petitioner immediately without any further delay. (v) Learned HCGP is directed to communicate this order to respondent No.1 immediately so as to enable release of the petitioner forthwith. (vI) Registry is directed to communicate this order to respondent No.1 both electronically and telephonically. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 18