Allowed

Abbas. N. K. v. State of Karnataka

Karnataka HC18 Dec 2024CRL.P/2572/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings under Section 482 Cr.P.C. based on an affidavit by the petitioners stating the dispute was settled via a compromise petition, terminating the case in their interest.

What did the court decide?

The proceedings in Crime No. 84/2024 registered by Annapoorneshwari Nagar Police Station pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, were quashed qua the petitioners.

Abbas. N. K. Vs State of Karnataka — Karnataka HC (2024) — LawSathi Research

¶1

¶2

NC: 2024:KHC:52760 CRL.P No. 2572 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶6

CRIMINAL PETITION NO. 2572 OF 2024

¶7

BETWEEN:

¶8

ABBAS. N. K.

¶9

S/O. MOOSSA, AGED ABOUT 49 YEARS, R/AT TEAM-2, 5^TH FLOOR, SAMANVITHA COMPLEX, MAYUR STREET, HEBBAL, BANGALORE - 560 094.

¶10

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶11

MOHAMMAD NAZIR (ALIYAS) ABDUL NASEER KUTTIKANDIYAL S/O. ABDUL KUTTIKANDIYAL, AGED ABOUT 43 YEARS, R/AT TEAM-2, 5^TH FLOOR, SAMANVITHA COMPLEX, MAYUR STREET, HEBBAL, BANGALORE-560 094.

¶12

…PETITIONERS

¶13

(BY SRI. DALWAI VENKATESH, ADVOCATE)

¶14

¶15

NC: 2024:KHC:52760 CRL.P No. 2572 of 2024

¶16

AND:

¶17

STATE OF KARNATAKA

¶18

BY ANNAPOORNESHWARINAGAR PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

¶19

R. SUKUMAR

¶20

S/O. M. V. RAMACHANDRAPPA, AGED ABOUT 39 YEARS, NO.844, G/F, 12^TH MAIN ROAD, VINAYAKA LAYOUT, 2ND STAGE, NAGARABHAVI, BANGALORE.

¶21

…RESPONDENTS

¶22

(BY SRI. HARISH GANAPATHY, HCGP FOR R1; SRI. V. LAKSHMI KANTH RAO, ADV. FOR R2)

¶23

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH FIR IN CR.NO.0084/2024 REGISTERED BY THE RESPONDENT NO.1 ANNAPOORNESHWARI NAGAR POLICE STATION, PENDING THE IN THE FILE OF IV ADDL. CMM AT BANGALORE FOR THE OFFENCE P/U/S 406, 420, 506 R/W 34 OF IPC, PRODUCED AT DOCUMENT NO.1, IN SO FAR AS PETITIONERS IS CONCERNED.

¶24

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

¶26

NC: 2024:KHC:52760 CRL.P No. 2572 of 2024

¶27

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶28

ORAL ORDER

¶29

Heard the learned counsel Sri.Venkatesh P. Dalwai, appearing for the petitioners, the learned High Court Government Pleader Sri.Harish Ganapathy, appearing for respondent No.1 and the learned counsel Sri.V.Lakshmi Kanth Rao, appearing for respondent No.2.

¶30

The petitioners are before this Court calling in question the registration of crime in Crime No.84/2024 by Annapoorneshwari Nagar Police Station pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru.

¶31

The learned counsel for the parties would submit

¶32

that the matter has been settled between them and have filed affidavit by the petitioners. The affidavit of petitioner No.1 reads as follows:

¶33

" AFFIDAVIT

¶34

I, Abbas N.K S/o Moosa, Aged about 49 years R/at Team-2 5th Floor, Samanvitha Complex, Mayur Street, Hebbal Bangalore-560094, hereby solemnly affirms and state on oath as follows:-

¶35

¶36

NC: 2024:KHC:52760 CRL.P No. 2572 of 2024

¶37

I state that, I am the petitioner No.1 in the above case, I know the facts and circumstances of the case, hence I am swearing to this affidavit.

¶38

I state that, I have filed the above case seeking quash the entire proceedings in Crime No.0084/2024 before the learned IV ACMM for the offences punishable under Section 406, 420, 506 R/w 34 of IPC.

¶39

I state that due to intervention of friends and well wishers, the dispute between me and the respondent No.2 is settled and entered compromise petition and filed the same before this Hon'ble High Court on 6.12.2024.

¶40

I state that, I agreed to the terms and conditions of the compromise petition. I have signed the compromise petition voluntarily.

¶41

I state that, since we have entered compromise petition the above case may kindly be pleased to close by quashing the Crime No.0084/2024 before the learned IV ACMM for the offences punishable under Section 406, 420, 506 R/w 34 of IPC in the interest of justice and equity.

¶42

What is stated above is true and correct

¶43

Identified by Me"

¶44

In the light of the settlement arrived at between the

¶45

parties and the offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings, qua the petitioners.

¶46

For the aforesaid reasons, the criminal petition is

¶47

disposed. The proceedings in Crime No.84/2024 registered by Annapoorneshwari Nagar Police Station, pending on the file of

¶48

¶49

NC: 2024:KHC:52760 CRL.P No. 2572 of 2024

¶50

the IV Additional Chief Metropolitan Magistrate, Bengaluru, qua

¶51

the petitioners, stand quashed.

¶52

Sd/(M.NAGAPRASANNA) JUDGE

¶53

KG List No.: 3 Sl No.: 12

Abbas. N. K. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Abbas. N. K. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yomakesh B T Vs State of Karnataka

Mr. Dhavish Vs State of Karnataka

Madivala Ramachandra Rao Sreekanth @ Sreekanth M.R. Vs the State by Basavanagudi Police Station

Rajashekar G Vs State of Karnataka

Smt. Sarojamma, Vs State of Karnataka

Mr. Joseph Kevin Selvadoray Vs Shabana B.S.