SRI MOIN KHAN v. STATE OF KARNATAKA
Case at a glance
Outcome
Allowed
Accordingly, the petition is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 34, 323, 324, 341, 504, 506
Key paragraphs
- Para 33. In view of the joint memo filed by both sides, coupled with the fact that the offences are compoundable in law, this Court deems it fit to permit the parties to compound the offence. Accordingly, the petition is allowed. The proceedings in C.C. No.30898/2024…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.12203 OF 2025 BETWEEN:
1. SRI MOIN KHAN S/O RIYAZ KHAN AGED ABOUT 29 YEARS R/AT NO.18 3RD CROSS, SOMESHWARANAGARA JAYANAGARA 1ST BLOCK BENGALURU – 560011
2. SRI ARBAZ KHAN S/O RIYAZ KHAN AGED ABOUT 26 YEARS R/AT NO.18, 3RD CROSS SOMESHWARANAGARA JAYANAGARA 1ST BLOCK BENGALURU 560011 (BY SRI TEJAS N, ADVOCATE) AND:
STATE OF KARNATAKA BY SIDDAPURA POLICE BENGALURU - 560066 Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:33683 CRL.P No. 12203 of 2025 HC-KAR (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HCK, BANGALORE -01)
SRI ZUBAIR KHAN S/O PYARU KHAN AGED ABOUT 30 YEARS R/AT NO.15/14, 4TH CROSS SOMESHWARANAGARA JAYANAGARA 1ST BLOCK BENGALURU -560011 (BY SRI M R PATIL, HCGP FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.30898/2024 ON THE FILE OF THE HONBLE II ADDL. CJM BENGALURU WHICH IS ARISING OUT OF CRIME NO.175/2024 OF SIDDAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S/ 341, 323, 324, 504, 506 R/W SEC.34 OF IPC AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:33683 CRL.P No. 12203 of 2025 HC-KAR ORAL ORDER The captioned petition is filed by accused Nos.1 and 2 seeking quashing of the proceedings pending in C.C. No.30898/2024 arising out of Crime No.175/2024 for the offences punishable under Sections 341, 323, 324, 504, 506 read with Section 34 of IPC.
2. The present application is accompanied by a joint memo filed by the parties. Respondent No.2/defacto complainant is personally present before this Court and, on being specifically queried, has submitted that he is voluntarily withdrawing all allegations made against the petitioners/accused. He further states that he has no objection for quashing of the proceedings in C.C. No.30898/2024. Since the offences alleged in the said proceedings are of a compoundable nature and the victim/complainant himself is before this Court expressing his willingness to withdraw the allegations, the Court is satisfied that no useful purpose would be served by continuing the prosecution. Therefore, in order to prevent - 4 - NC: 2025:KHC:33683 CRL.P No. 12203 of 2025 HC-KAR abuse of the process of law and to secure the ends of justice, is just and proper to exercise inherent jurisdiction under Section 482 of the Cr.P.C.
Operative part
In view of the joint memo filed by both sides, coupled with the fact that the offences are compoundable in law, this Court deems it fit to permit the parties to compound the offence. Accordingly, the petition is allowed. The proceedings in C.C. No.30898/2024 are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SN List No.: 1 Sl No.: 53
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 34, 323, 324, 341, 504, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.