Criminal petition under S. 482 Cr.P.C. for quashing the charge sheet in a cheating case. The court accepted the parties' settlement and application to compound the offence, allowing the quashing of proceedings against the petitioner.
Petitioner's criminal petition disposed of; proceedings in C.C.No.26171/2024 quashed against the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:38641 CRL.P No. 9589 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9589 OF 2024
BETWEEN:
SRI. SIBGHATHULLA BOKHARI S/O SYED RIYAZ AHMED BOKHARI AGED ABOUT 23 YEARS R/AT NO.42, 2ND FLOOR 32ND 'F' CROSS, 28TH MAIN ROAD JAYANAGAR 4TH T BLOCK BANGALORE - 560 041
…PETITIONER
(BY SRI. MOHAMMED NAWAZ SHARIFF, ADVOCATE)
AND:
Digitally signed by KAVYA G Location: High Court of Karnataka
…RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL. SPP., FOR R1; SRI. ASHWIN H., ADV. FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.26171/2024 ARISING OUT OF CR.NO.312/2023 REGISTERED AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S 419, 420, 465 R/W 34 OF IPC FILED BY THE 1ST RESPONDENT SADASHIVA NAGAR P.S., AT ANNEXURE-D, PENDING ON THE FILE OF 1ST ADDL. CJM, BANGALORE.
NC: 2024:KHC:38641 CRL.P No. 9589 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Mohammed Nawaz Shariff, appearing for the petitioner, the learned Additional State Public Prosecutor Sri.Jagadeesha B.N., appearing for respondent No.1 and the learned counsel Sri. Ashwin H., appearing for respondent No.2.
2. The petitioner is before this Court seeking the
following prayer:
NC: 2024:KHC:38641 CRL.P No. 9589 of 2024
that the matter has been settled between them and have filed an application under Section 320 of the Cr.P.C., seeking leave of this Court for compounding of offences along with joint affidavit. The joint affidavit, reads as follows:
" JOINT AFFIDAVIT
1, Mr. AVINASH. S. B , S/o. Basavaraj S B, Aged About 31 Years, R/at No.497, 9th main, 9th Cross, Sadashiva Nagar, Bangalore-560080 do hereby solemnly affirm and state on oath as follows:
1. I state that the Petitioner herein along with myself i.e. Respondent NO.2 are filing this joint Affidavit as follows.
2. I state that the Petitioner approached this Hon'ble Court, questioning the validity and correctness of the acts of the Respondent No. 1 Police in filing Charge sheet in CC No. 26171/2024 arising out of Cr No.312/2023 registered at Sadashiva Nagar Police Station for the alleged offence punishable under section 419, 420, 465 r/w 34 IPC pending on the file of 1st Additional Chief Judicial Magistrate, Bangalore, seeking quashing of the same and all further proceedings arising thereto.
3. That during the pendency of the same, at the intervention of well-wishers and family members of both the Petitioner and myself i.e
NC: 2024:KHC:38641 CRL.P No. 9589 of 2024
the Respondent No.2 herein, we have decided to compound the matter.
4. I state that the Petitioner has neither fabricated, forged or created the vehicle pass but due to misunderstanding the instant FIR was filed against the Petitioner herein. I further state that keeping his young age into consideration and his entire career ahead I have decided to compound the instant case.
5. I undertake that I wouldn't file any other case or claim or initiate any proceedings against the Petitioner herein, in respect of the subject matter.
6. I further state that I have no objection to the case being compounded and consequently quashed.
WHEREFORE, having settled the matter the Petitioner and myself, pray that this Hon'ble Court maybe pleased to permit us to compound the instant case and consequently quash the Chargesheet and all further proceedings in C.C.NO.26171/2024 arising out of Cr No.312/2023 registered at the Sadashivanagar Police Station, for the alleged offences punishable under section 419, 420, 465 r/w 34 IPC, pending on the file of 1st Additional Chief Judicial Magistrate, Bangalore, against the Petitioner in the interest of justice and equity."
NC: 2024:KHC:38641 CRL.P No. 9589 of 2024
the offence and terminate the proceedings, qua the petitioner.
qua the petitioner, stand quashed.
Sd/(M.NAGAPRASANNA) JUDGE
KG List No.: 1 Sl No.: 137
2 issues framed by the court
Whether the offences are compoundable under S. 320 Cr.P.C. in light of the settlement between parties.
Whether the High Court can quash the charge sheet in the interest of justice and equity.
5 provisions across 2 enactments
Sri. Sibghathulla Bokhari
The State of Karnataka
Mr. Avinash S B
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
