Disposed

Mr Syed Shabbir v. the State of Karnataka

Karnataka HC13 Sept 2024CRL.P/8599/2024

Case brief

AI extract

What is this about?

Petition to quash sessions proceedings for offences including Section 307 IPC after the parties amicably settled their dispute and sought compounding under Section 320 r/w 482 Cr.P.C. The court accepted the joint memo and joint affidavit and quashed the pending proceedings.

What did the court decide?

Entire proceedings in S.C.No.2047/2022 pending before the LXIX Additional City Civil and Sessions Judge, Bengaluru, were quashed.

Mr Syed Shabbir Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:37874 CRL.P No. 8599 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶6

CRIMINAL PETITION NO. 8599 OF 2024

¶7

BETWEEN:

¶8

MR. SYED SHABBIR S/O LATE SYED MUNAWAR, AGED ABOUT 43 YEARS, RESIDING AT NO.189, 34^TH CROSS, 10^TH MAIN, BEHIND BSNL TELEPHONE EXCHANGE, YARABNAGAR, BSK II STAGE, BENGALURU – 560 070.

¶9

…PETITIONER

¶10

(BY SRI RAM SINGH K., ADVOCATE)

¶11

AND:

¶12

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶13

THE STATE OF KARNATAKA BY POLICE INSPECTOR, BANASHANKARI POLICE STATION, BENGALURU – 560 070 REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU.

¶14

AFZAL KHAN S/O NAYEEMULLA KHAN, AGED ABOUT 42 YEARS, RESIDING AT NO.220, 11^TH A CROSS,

¶15

¶16

NC: 2024:KHC:37874 CRL.P No. 8599 of 2024

¶17

NEAR DOUBLE DOOR SHOP, YARABNAGAR, BSK II STAGE, BENGALURU – 560 070.

¶18

…RESPONDENTS

¶19

(BY SMT.SOWMYA R., HCGP FOR R-1; SRI SAMPATH KUMAR, A.V., ADVOCATE FOR R-2)

¶20

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.186/2021 AND IN S.C.NO.2047/2022 OF THE RESPONDENT NO.1 BANASHANKARI POLICE STATION, BENGALURU REGISTERED FOR THE ALLEGED OFFENCES P/U/S 120B, 307, 504 R/W 34 OF IPC AND 25(1B) (B) OF ARMS ACT, WHICH IS PENDING BEFORE THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CCH-70.

¶21

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

¶22

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶23

ORAL ORDER

¶24

The petitioner is before this Court calling in question proceedings in S.C.No.2047/2022, pending before the LXIX Additional City Civil and Sessions Judge, Bengaluru, for the offences under Sections 120B, 307, 504 r/w. 34 of the IPC.

¶25

Learned counsel for the petitioner and learned counsel for respondent No.2 submit that during the pendency of the these proceedings, the parties to the lis have settled the dispute among themselves amicably and file an application

¶26

¶27

NC: 2024:KHC:37874 CRL.P No. 8599 of 2024

¶28

under Section 320 r/w. 482 of the Cr.P.C., seeking permission to compound the afore-quoted offences along with a joint affidavit.

¶29

The joint memo of the parties, reads as under:

¶30

“ 1. We state that, complaint came to be registered in Cr. No. 186/21 for the offence U/S 120B, 307, 504 R/W 34 of IPC and section 25(1B)(B) of Arms act and police have investigated the matter and filed the charge sheet for the aforementioned offences in S.C.No.2047/2022 pending on the file of Hon'ble Additional city civil and sessions judge (CCH-70), Bengaluru.

¶31

2. We state that, we are relatives and known to each other since many years and on the account of some misunderstanding a complaint came to be registered against the petitioner herein.

¶32

3. We state that, on the advice of elders, well wishers we do not want to prosecute the criminal case as we have amicably settle the dispute out of the court and in order to maintain cordial relationship and harmony we do not want to prosecute the criminal case in Cr. No. 186/21. which has been culminated in to criminal case in S.C.No.2047/2022

¶33

WHEREFORE, we most humbly prayed that this this Hon'ble court may kindly be permitted the parties to compound the offences punishable U/S 120B, 307, 504 R/W 34 of IPC and section 25(1B)(B) of Arms act in S.C.No.2047/2022, pending on the file of Hon'ble Additional city civil and sessions judge (CCH-70), Bengaluru by Banashankari Police and consequently quash the entire criminal proceedings in the interest of Justice and equity.”

¶34

¶35

NC: 2024:KHC:37874 CRL.P No. 8599 of 2024

¶36

In the light of the afore-quoted joint memo of the parties, though few of the offences alleged against the petitioner are non-compoundable, as the dispute is between the private parties and not against the State, I deem it appropriate to accept the application and the joint affidavit and terminate the impugned proceedings.

¶37

For the aforesaid reasons, the following:

¶38

ORDER

¶39

a. The criminal petition is disposed.

¶40

b. The impugned proceedings in S.C.No.2047/2022, pending before the LXIX Additional City Civil and Sessions Judge, Bengaluru, stand quashed.

¶41

Sd/(M.NAGAPRASANNA) JUDGE

¶42

NVJ List No.: 1 Sl No.: 92

Mr Syed Shabbir v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Syed Shabbir v. the 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

Sri D K Shivakumar Vs Sri a Raju

Anand S/O Sidu Nyamagouda Vs the State of Karnataka

Sri U T Khader Vs Sri a Raju

Karan Sachdeva Alias Karan Sachadev Vs State of Karnataka

Sri. Shashindra Nagaraj Vs State of Karnataka by

Sri Lingesh K S Vs State of Karnataka by