A criminal petition to quash a charge sheet under Sections 354, 354(a), 323, 506 IPC arising from a private dispute. Parties settled the dispute during the pendency of the petition and filed a joint affidavit seeking compounding. The court accepted the application and terminated the proceedings.
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NC: 2024:KHC:43488 CRL.P No. 2399 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2024 BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2399 OF 2023
BETWEEN:
NASRULLA SHARIFF, S/O MOINUDDIN SHARIFF, AGED ABOUT 30 YEARS, RESIDING AT NO.9/2, B STREET, 2ND CROSS, BALLAPPA GARDEN, SHIVAJINAGAR BANGALORE - 560 051.
…PETITIONER
(BY SRI. ASLAM KHAN M, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
BOMMANAHALLI POLICE STATION, BANGALORE - 560 068. REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.
D/O LATE RIZWAN PASHA, NO.241, BESIDE GANGAMMA DEVI TEMPLE, BOMMANAHALLI, BANGALORE - 560 068.
…RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. SRINIVASA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED FIR, CHARGE SHEET AND SET ASIDE
NC: 2024:KHC:43488 CRL.P No. 2399 of 2023
THE COMPLIANT DATED 07/08/2022 IN CR. NO. 158/2022 AND CHARGE SHEET IN C.C NO. 37628/2022 BY WHICH COGNIZANCE WAS TAKEN BY THE RESPONDENT BOMMANAHALLI POLICE STATION HAD REGISTERED A CASE UNDER SECTION 354, 354(A), 323, 506 OF IPC AS MENTIONED IN CHARGE SHEET WHICH IS PENDING BEFORE THE HONBLE COURT CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question
proceedings in C.C.No.37628/2022 before the Chief Metropolitan Magistrate, Bengaluru registered for offence punishable under Sections 354, 354(a), 323, 506 of Indian Penal Code, 1860.
NC: 2024:KHC:43488 CRL.P No. 2399 of 2023
4. The joint affidavit in support of the application
reads as follows:
"We 1. Nasrulla Shariff S/o. Moinuddin Shariff, Aged about 31 years, r/at No.9/2, B Street, 2nd Cross, Ballappa Garden, Shivajinagar, Bangalore- 560 051 and 2. Nusrath Fathima. R. D/o.late Rizwan Pasha, aged about 31 years, r/at No.24/1, near Gangamma Templle, Bommanhalli, Bangalore-560 088, do hereby solemnly affirm and state on oath as follows:
NC: 2024:KHC:43488 CRL.P No. 2399 of 2023
allegations levelled against Petitioner/accused in CC.No.37628/2023
the
WHEREFORE, we the petitioner and the respondent No.2 most respectfully prays that this Hon'ble Court may be pleased to quash the Charge Sheet filed against the petitioner/ accused before Bommanahalli Police Station, in CC No.37628/2022 for the alleged offence punishable U/Sec 354, 323, 504, 354 A of IPC pending on the file of the learned Chief Metropolitan Magistrate, Bangalore, in the interest of justice and equity.
We do hereby verify and declare that what is stated in this affidavit is true and correct to the best of our knowledge, information and belief
and information and to that effect we have signed this affidavit."
5. In the light of the afore-quoted joint affidavit
filed by the parties, I deem it appropriate to accept the application and the joint affidavit of the parties and terminate the impugned proceedings, as the dispute is between private parties and the allegations are not against the State.
6. For the aforesaid reasons the following:
ORDER
a) The criminal petition is disposed.
b) The impugned proceedings in C.C.No.37628/2022 before the Chief Metropolitan Magistrate, Bengaluru registered for offence punishable under Sections 354, 354(a), 323, 506 of Indian Penal Code, 1860.
Sd/(M.NAGAPRASANNA) JUDGE
BVK; List No.: 1 Sl No.: 150; CT: BHK
1 issue framed by the court
Whether the proceedings in C.C.No.37628/2022 could be compounded and quashed following settlement between petitioner and complainant.
3 provisions across 2 enactments
Nasrulla Shariff
The State of Karnataka, Bommanahalli Police Station
Nusrath Fathima
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
