Shekbaba Alias Fruit Baba Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Shekbaba Alias Fruit Baba Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal petition allowed; the proceedings in C.C. No. 437/2023 pending before the Principal Civil Judge and JMFC, Gangavathi, insofar as they relate to the accused/petitioners, quashed; pending interlocutory applications, if any, do not survive and are disposed of accordingly.

Issue for consideration

Whether the entire criminal proceedings in C.C. No. 437/2023 pending before the Principal Civil Judge and JMFC, Gangavati, against the petitioners/accused should be quashed in view of the amicable settlement and compounding of the offences, with respondent No.2 withdrawing all allegations and consenting to quashing.

Court's answer

Although the charge-sheet material discloses the commission of the alleged offences and their veracity is for trial, the parties having amicably settled the dispute and respondent No.2 having agreed to withdraw all allegations and having no objection to quashing renders a trial futile; the probability of conviction is remote and bleak in view of the settlement.

Ratio / Principle

Continuation of the criminal proceedings against the petitioners/accused would be an abuse of the process of law; accordingly, the proceedings in C.C. No. 437/2023, insofar as they relate to the accused/petitioners, are quashed and pending interlocutory applications do not survive and stand disposed of.

Detailed headnote1 paragraphs

Quashing of criminal proceedings on compounding after amicable settlement — Petition under S.482 Cr.P.C. / S.528 BNSS, 2023 by twelve accused chargesheeted for offences punishable under Sections 143, 147, 341, 323, 504 and 506 read with Section 149 IPC (Crime No. 199/2021, Town Gangavati Police Station; C.C. No. 437/2023, Principal Civil Judge and JMFC, Gangavathi): HELD, where the accused and the complainant appeared and jointly applied for compounding, stating the dispute stood amicably resolved, and respondent No.2/complainant agreed to withdraw all allegations and had no objection to quashing, a trial is rendered futile, the probability of conviction is remote and bleak, and continuance of the proceedings would be an abuse of the process of law; proceedings quashed qua the accused/petitioners; pending I.As. disposed of.

NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 21^ST DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100183 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

SHEKBABA @ FRUIT BABA, S/O. SHAKEHUSSAIN AGE. 32 YEARS, OCC. BUSINESSMAN, R/O. WARD NO.12, LINGARAJ CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

ZUBAIR @ ZABEER S/O. KHALEELSAB AGE. 37 YEARS, OCC. BUSINESSMAN, R/O. WARD NO.09, 05^TH CROSS, LINGARAJ CAMP, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:39 +0530

MUSTAFA KHURESHI @ MUSTAFA S/O. BAGADADSAB, AGE. 27 YEARS, OCC. BUSINESSMAN, R/O. WARD NO. 07, ANGADI SANGANNA CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

KHADEER @ SHAKE KHADEER S/O. K M RAVUF AGE. 26 YEARS, OCC. ELECTRICIAN, R/O. WADDRAHATT, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

KHDDAR BASHA @ SADDAM @ KHDARSAB, S/O. VALISAB, AGE. 29 YEARS, OCC. SALESMAN, R/O. WARD NO. 22, AMBEDKAR NAGAR, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

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YUSUF @ MAHAMAD YUSUF PASHA S/O. RAJA HUSSINSAB, AGE. 29 YEARS, OCC. SALESMAN, R/O. WARD NO. 22, AMBEDKAR NAGAR, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

ASIF @ MAHAMAD KASIM S/O. MOHAMMAD KHADAR, AGE. 24 YEARS, OCC. DRIVER, R/O. WARD NO. 24, LAKSHMI CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

SADIK @ SADIK PAINTER S/O. MEHABOOBSAB AGE. 35 YEARS, OCC. PAINTER, R/O. WARD NO.17, AMAR BHAGAT SING NAGAR, GNAGAVATI, TQ. GANGAVTI, DIST. KOPPAL-583227.

ANSAR @ M ANVAR BASHA S/O. M BASHA AGE. 28 YEARS, OCC. BUSINESSMAN, R/O. WARD NO. 05, NEAR MARKET KILLA AREA, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

HANEEF @ MAHAMAD HANEEF S/O. CHOTAVALISAB @ CHOTESAB, AGE. 31 YEARS, OCC. OTHER PI SPECIFY, R/O. WARD NO. 08, PRASHANT NAGAR, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

SAYYAD @ FRUIT SAYYAD @ SAYYADBASHA S/O. SHAKE HUSSAINPEER, AGE. 42 YEARS, OCC. SALESMAN,

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R/O. BANNIGIDA CAMP, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

SHOCUP GARE MAKSOOD @ MAKBUL AMHAMD S/O. ABDUL KHADARSAB, AGE. 30 YEARS, OCC. MECHANIC, R/O. NEAR BILLA MASJID, GNAGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227.

…PETITIONERS

(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH TOWN P.S. GANGAVATI.

MAHMAD IMTIYAZ, S/O. ABDUL NAZEER AGE. 26 YEARS, R/O. MAHEBOOB NAGAR, GANGAVTI, TQ. GANGAVATI, DIST. KOPPAL-583227.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. D.V.PATTAR, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.437/2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC GANGAVATI ARISING OUT OF CRIME NO. 199/2021 REGISTERED BEFORE TOWN GANGAVATI POLICE STATION FOR AN OFFENCE P/U/SEC. 143, 147, 341, 323, 504, 506 R/W 149 OF IPC.

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

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NC: 2025:KHC-D:3645 CRL.P No. 100183 of 2025

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

Sri. D.V.Pattar, learned counsel, files power on behalf of respondent No.2.

The petitioners/accused, who have been chargesheeted for offences punishable under Sections 143, 147, 341, 323, 504, and 506 read with Section 149 of the Indian Penal Code, 1860, are before this Court.

The prosecution alleges that while the complainant was riding his motorcycle, the petitioners/accused, by forming an unlawful assembly, stopped him, detained him, and abused him in filthy language—warning him not to take an active part in the PFI organization—and then slapped him.

The parties, namely the petitioners/accused and the complainant, are present before this Court and have filed an application for compounding the offences, stating that they have amicably resolved their dispute. In terms of the settlement, respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the proceedings initiated against the petitioners, in order to put a quietus to the dispute and prevent further hostility. The application is placed on record.

Although the charge-sheet material discloses the commission of the alleged offences and the veracity of the allegations should be considered at trial, the fact that the parties

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have amicably settled the dispute—and that respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the proceedings—renders a trial futile. The probability of a conviction is remote and bleak in view of the settlement reached by the parties. Under these circumstances, the continuation of criminal proceedings against the petitioners/accused would be an abuse of the process of law.

Hence, I pass the following:

ORDER

i) Accordingly, the petition is allowed.

ii) The impugned proceedings in C.C. No.437/2023 pending on the file of the Principal Civil Judge and JMFC, Gangavathi, insofar as it relates to accused/petitioners herein, is hereby quashed.

Pending I.As., if any, do not survive for consideration and are disposed off accordingly.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

KMS Ct:vh List No.: 4 Sl No.: 1