Allowed¶57

Sri. Osman Harun Hussain v. State of Karnataka by

Karnataka HC2 Jun 2025CRL.P/10190/2023

Case brief

AI extract

What is this about?

HC-KAR NC:2025:KHC:18523; Crl.P. No.10190/2023 c/w W.P. No.2188/2025; quashing of FIR on settlement/joint memo; Osman Harun Hussain; Hussain Mueen Farooq; Hussain Owaiz Sabir; Meena Umachander; S. Umachander; Crime No.21/2019 Sadashivanagar P.S.; Crime No.125/2013; C.C. No.5494/19; Sections 420, 468, 471, 506, 120B r/w 34 IPC; S.482 Cr.P.C.; Articles 226 & 227 Constitution; VII ACMM Bengaluru; I ACMM Bengaluru; RFA No.902/2014; J.M. Khazi, J.; decided 02-06-2025.

What did the court decide?

Both petitions allowed; criminal proceedings in Crime No.21/2019 of Sadashivanagar P.S. quashed so far as petitioner Osman Harun Hussain, and criminal proceedings in Crime No.125/2013 quashed so far as petitioners Hussain Mueen Farooq and Hussain Owaiz Sabir. ¶57

Sri. Osman Harun Hussain Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.21/2019 of Sadashivanagar P.S. and the complaint dated 04.03.2019 against Osman Harun Hussain (offences under Sections 420, 468, 471, 506, 120B r/w 34 IPC) should be quashed. +1 more

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Court's answer

The criminal proceedings in Crime No.21/2019 of Sadashivanagar P.S. for offences under Sections 420, 468, 471, 506, 120B r/w 34 IPC, pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru, are quashed so far as the petitioner (Osman Harun Hussain) is concerned.

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Ratio / Principle

In light of the settlement entered between the parties as per the joint memo and the judgment and order rendered in RFA No.902/2014, the present petitions are required to be allowed.

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Key takeaways

The criminal proceedings in Crime No.125/2013 of Sadashivanagar P.S. for offences under Sections 420, 468, 471, 506, 120B r/w 34 IPC, pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, are quashed so far as the writ petitioners (Hussain Mueen Farooq and Hussain Owaiz Sabir) are concerned.ratio¶66

Detailed headnote1 paragraphs

High Court of Karnataka (J.M. Khazi, J.), order dated 02.06.2025 - joint disposal of Crl.P. No.10190/2023 (u/s 482 Cr.P.C.) filed by Osman Harun Hussain and W.P. No.2188/2025 (under Articles 226 & 227 of the Constitution) filed by Hussain Mueen Farooq and Hussain Owaiz Sabir. Joint memos signed by counsel for the petitioners and respondent No.2, together with the judgment and order in RFA No.902/2014 recording the settlement between the parties, were placed before the Court; original documents at Sl.Nos.1-8 were handed over and their receipt acknowledged. Holding the settlement sufficient, the Court allowed both petitions and quashed (i) the criminal proceedings in Crime No.21/2019 of Sadashivanagar P.S. (Sections 420, 468, 471, 506, 120B r/w 34 IPC) pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru, so far as Osman Harun Hussain was concerned, and (ii) the criminal proceedings in Crime No.125/2013 (same offences) pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, so far as the writ petitioners were concerned.

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NC: 2025:KHC:18523 CRL.P No. 10190 of 2023 C/W WP No. 2188 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 10190 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W WRIT PETITION NO. 2188 OF 2025 (GM-RES)

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IN CRL.P NO. 10190/2023

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BETWEEN:

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SRI. OSMAN HARUN HUSSAIN AGED ABOUT 44 YEARS, S/O K M HUSSAIN R/AT NO.318, B.M ROAD, ANDERSON PET, KGF, BANGARPET, KOLAR, KARNATAKA-563113.

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…PETITIONER

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Digitally signed by REKHA R Location: High Court of Karnataka

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(BY SRI.KALEEMULLA SHARIFF, ADVOCATE FOR SRI. MAHESH.Y L, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SADASHIVANAGAR P S REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001

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MEENA UMACHANDER AGED ABOUT 67 YEARS,

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NC: 2025:KHC:18523 CRL.P No. 10190 of 2023 C/W WP No. 2188 of 2025

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HC-KAR

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W/O UMACHANDER R/A NO.360/238, BASHEER AHMED STREET TTK SALAI, ALWARPET, CHENNAI-600018

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…RESPONDENTS

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(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.R.HEMANTH RAJ, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR REGISTERED BY THE SADASHIVANAGAR P.S. IN CR.NO.21/2019 (ANNEXURE-A) AND THE COMPLAINT DATED 04.03.2019 (ANNEXURE-B) AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 420, 468, 471, 506, 120B R/W 34 OF IPC, 1860 (IPC) PENDING ON THE FILE OF VII ADDL.C.M.M., BENGALURU.

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IN WP NO. 2188/2025

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BETWEEN:

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MR. HUSSAIN MUEEN FAROOQ AGED ABOUT 50 YEARS S/O LATE K.M.HUSSAIN R/AT THE SUMITH APARTMENT, NO 27/3, BPH, 4^TH FLOOR SANKEY ROAD, BENGALURU.

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MR. HUSSAIN OWAIZ SABIR S/O LATE K.M.HUSSAIN AGED ABOUT 36 YEARS R/AT AT 318, BM ROAD ANDERSONPET, KGF-563113

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...PETITIONERS

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(BY SRI.KALEEMULLA SHARIFF, ADVOCATE FOR

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3 - NC: 2025:KHC:18523 CRL.P No. 10190 of 2023 C/W WP No. 2188 of 2025

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HC-KAR

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SRI. MOH.KAMRAN KHAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY SANJAYANAGAR POLICE STATION BENGALURU.

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REP BY ITS PUBLIC PROSECUTOR

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MR S UMACHANDER

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SMT MEENA UMACHANDER(WIFE) MAJOR IN AGE

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NSR BUILDINGS, BEHIND BHARATH PETROLEUM NO.244, M C ROAD AMBUR-635802.

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...RESPONDENTS

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(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1;

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SRI.R.HEMANTH RAJ, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING FOR QUASHING FIR REGISTERED UNDER CRIME NO. 125/13 ON THE FILE OF 1^ST ACJM IN C.C NO. 5494/19 IN VIEW OF THE SETTLEMENT REACHED IN RFA NO. 902/14.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI

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ORAL ORDER

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A joint memos are filed in both petitions, singed by

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the learned counsel for the petitioners and respondent

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NC: 2025:KHC:18523 CRL.P No. 10190 of 2023 C/W WP No. 2188 of 2025

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HC-KAR

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No.2. A photo copy of judgment in RFA No.902/2014 is

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also produced along with joint memo.

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2. Learned counsel for the petitioners handed over

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the original documents at Sl.Nos.1 to 8, today before this Court, as per the list of documents filed by learned counsel for the petitioner along with the memo.

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Learned counsel for respondent No.2,

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acknowledged the receipt of original documents at Sl.Nos.1 to 8. In the light of the settlement entered between the parties as per the joint memo and judgment and order rendered in RFA No.902/2014, the present petitions are requires to be allowed.

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Accordingly the following.

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ORDER

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i) The petitions are allowed .

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ii) The criminal proceedings initiated in Crime No.21/2019 of Sadashivanagar P.S for the offences punishable under Sections 420, 468, 471, 506, 120B r/w

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NC: 2025:KHC:18523 CRL.P No. 10190 of 2023 C/W WP No. 2188 of 2025

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HC-KAR

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Section 34 of IPC, pending on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed so far as petitioner herein is concerned.

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iii) The criminal proceedings initiated in Crime No.125/2013 of Sadashivanagar P.S for the offences punishable under Sections 420, 468, 471, 506, 120B r/w Section 34 of IPC, pending on the file of I Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed so far as petitioners herein are concerned.

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Sd/(J.M.KHAZI) JUDGE

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ASN List No.: 1 Sl No.: 33

Sri. Osman Harun Hussain v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Sri. Osman Harun Hussain v. State of Karnataka by

Case brief

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What the court decided

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