Criminal Petition No. 8833 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8833 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SAMEER AHMED, S/O MOHAMMED HUSSAIN, AGED ABOUT 35 YEARS RESIDING AT MANDYA ROAD, OPPOSITE TO ALPHAP BANK NAGAMANGALA TOWN MANDYA – 571 432 2. FARAHAN SHARIF S/O KALM PASHA, AGED ABOUT 30 YEARS, R/O WARD NO.15, MANDYA ROAD, NEW MUSLIM BLOCK, NAGAMANGALA TOWN, MANDYA DISTRICT – 571 432 3. ASHFAN SHARIFF, S/O KALIM PASHA AGED ABOUT 32 YEARS, R/O: WARD NO.15, MANDYA ROAD, NEW MUSLIM BLOCK, NAGAMANGALA TOWN, MANDYA DISTRICT – 571 432 4. SADIQ PASHA S/O RIYAZ PASHA, AGED ABOUT 32 YEARS, R/O WARD NO.14, MANDYA ROAD, HANEEF MOHALLA NAGAMANGALA TOWN, MANDYA DISTRICT.
Legal Reasoning
Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 …PETITIONERS HC-KAR 5. RAZIQ MOHAMMED S/O MOHAMMED SADIQ PASHA AGED ABOUT 31 YEARS, R/O NO.44, SURVEY NO 195/2, NEAR 1ST STAGE, RO WATER PLANT, KESARE, MYSORE – 570 007
Legal Reasoning
(BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TURUVEKERE P S REP. BY HCGP HIGH COURT KARNATAKA HIGH COURT COMPLEX BANGALORE – 560 001. 2. ASLAM PASHA S/O LATE ABDUL RAHEEM SAB AGED ABOUT 57 YEARS, RESIDING AT BESIDE SBM BANK ROAD SUBRAHMANYA NAGARA, TURUVEKERE TOWN TUMKURU, KARNATAKA – 572 227. (BY SMT. SOWMYA R., HCGP FOR R1; SRI. MODEEN ARAFAT, ADVOCATE FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE INVESTIGATION IN CR.NO.50/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 140(2), 62, 189(1), 351(1), 191(2), 190 OF BNS REGISTERED BY THE RESPONDENT POLICE TURUVEKERE POLICE, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT TURUVEKERE AT TUMKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 HC-KAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “Wherefore, the Petitioner most respectfully prays that, this Hon’ble Court may be pleased to quash the entire investigation in Cr.No.50/2025 for the offences punishable under section 140(2), 62, 189(1), 351(1), 191(2), 190 of BNS registered by the respondent police Turuvekere Police, pending on the file of Senior Civil Judge and JMFC court, Turuvekere at Tumkur in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 5 and learned counsel for respondent No.2 – complainant have filed a Joint Application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C., along with Joint Affidavit dated 04.07.2025 duly signed by the petitioners, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 5, respondent No.2- complainant and their respective counsel for respondent No.2 are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- - 4 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 HC-KAR “JOINT AFFIDAVIT We Sameer Ahmed S/o Mohammed Hussain, Aged about 35 years Residing at: Mandya road, Opposite to Alphap Bank Nagamangala town Mandya – 571 432 AND Aslam Pasha S/o Late Abdul Raheem Sab Aged about 57 years Residing at: Beside SBM Bank Road Subrahmanya Nagara, Turuvekere town Tumkuru, Karnataka – 572 227 do hereby solemnly affirm and state on oath as follow. 1. I Sameer Ahmed, accused/petitioner no1 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of accused petitioner no 2-5 also. 2. I Aslam Pasha I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit. 3. We submit that, we have filed an application u/s 359 (2) OF BNSS_CRPC to compound the offences in the above criminal petition. 4. That, the disputes between us have been resolved and we have decided to settle the matter between them. 5. That, I 1st petitioner agreed that my father Mohammed Hussain also agreed to settle and have no objections for the quashing of the Fir in CR No 55/2025 filed Respondent no 2 and his son, which is pending in Criminal Petition no. 9036/2025. - 5 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 HC-KAR 6. That, the complainant and petitioners have no other claims against each other. 7. That the we both parties have settled our disputes and matter has been compromised between us in the presence of the well-wisher. 8. That the above offences are compoundable with the permission of this Hon'ble court. 9. That the son of the complainant Mr. salauddin agree to return an amount of Rs 11 Lakh to the 1st petitioner after receiving 3 cheques (1st cheque number 459333 - drawn on SBI Bansandra branch, 2nd cheque number 459334 - SBI drawn on SBI Bansandra branch and 3rd cheque number 648546 - drawn on Turuvkere branch Karnataka Branch) on or before 22.07.2025 falling which both the parties can seek appropriate action between each other. An MOU shall be executed while returning the amount and cheques between the parties. 10. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire FIR basis settlement between the parties. 11. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the best of my knowledge, information and belief. Wherefore it is most respectfully prayed that this Hon'ble may please to: - 6 - NC: 2025:KHC:24294 CRL.P No. 8833 of 2025 HC-KAR A. Allow application filed u/s 359(2) of BNSS and permit the parties compound the offences. B. Pleased to entire quash the entire FIR in CR no 50/2025 for the offences punishable under section 140(2), 62, 189(1), 351(2), 191(2), 190 of BNS registered by the respondent police Turuvekere Police, pending on the file of the Senior Civil Judge and JMFC court Turuvekere at Tumkur in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of the Joint Affidavit dated 04.07.2025. (ii) The proceedings in Crime No.50/2025 of respondent No.1 – Police, registered for the offences punishable under Sections 140(2), 62, 189(1), 351(2), 191(2), 190 of BNS registered by the respondent police Turuvekere Police, pending on the file of the Senior Civil Judge and JMFC Court, Turuvekere at Tumkur, insofar as the petitioners are concerned are hereby quashed. BMC Sd/- (S.R.KRISHNA KUMAR) JUDGE