Mr Usman T @ Usman Thang Ethail Vs State of Karnataka by — Karnataka HC (2025) — LawSathi Research

Mr Usman T @ Usman Thang Ethail Vs State of Karnataka by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; criminal proceedings in C.C.No.16312/2025 (Section 309(6) BNS 2023) pending before the VII Additional Chief Judicial Magistrate, Bengaluru, quashed insofar as the petitioners are concerned; application I.A.No.1/2025 for compounding permitted under Section 359(8) read with Section 528 BNSS allowed.

Issue for consideration

Whether the entire criminal proceedings in C.C.No.16312/2025, arising out of Crime No.502/2024 of Yelahanka New Town Police Station for the offence punishable under Section 309(6) of BNS 2023, pending before the VII ACJM, Bengaluru, should be quashed in exercise of the Court's inherent powers in view of the amicable settlement between the parties. +1 more

Court's answer

In view of the joint affidavit and the complainant's submissions, the dispute arises out of a commercial transaction and the complainant has voluntarily withdrawn the allegations made in the complaint; once the parties have amicably settled their differences, continuation of the proceedings would serve no fruitful purpose and would, on the contrary, amount to abuse of process of law; accordingly, the Court accepted the settlement and quashed the criminal proceedings in exercise of its inherent powers.

Ratio / Principle

Consequently, the application filed in I.A.No.1/2025 (seeking permission to compound the offence under Section 309(6) BNS, 2023) deserves to be and is allowed.

Key takeaways

The petition is allowed; the proceedings in C.C.No.16312/2025, pending on the file of the VII Additional Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, insofar as the petitioners are concerned, stand quashed.ratio¶50

Detailed headnote1 paragraphs

Criminal Petition No. 11735 of 2025 (High Court of Karnataka, Sachin Shankar Magadum J., 13 August 2025; NC: 2025:KHC:31481): Petition under S.482 Cr.P.C read with S.528 BNSS seeking quashing of the entire proceedings in C.C.No.16312/2025, arising out of Crime No.502/2024 of Yelahanka New Town Police Station for the offence punishable under S.309(6) BNS 2023, pending before the VII ACJM, Bengaluru, ALLOWED. The crime was initially registered under S.310(2), 3(5) BNS 2023 on the allegation that the petitioners/accused stole the complainant's car and two Samsung mobiles; the learned Magistrate took cognizance under S.309(6) BNS 2023 and a charge sheet was filed. An application (I.A.No.1/2025) under S.359(8) r/w S.528 BNSS to compound the S.309(6) BNS offence was supported by a joint affidavit recording that the parties, who are businessmen, had amicably resolved a financial misunderstanding arising from commercial transactions and that the complainant had no objection to quashing. The complainant appeared in person, stated the allegations were untrue and expressed willingness to withdraw the complaint. Holding that continuation of proceedings after an amicable settlement would serve no fruitful purpose and would amount to abuse of process of law, the Court exercised its inherent powers, allowed I.A.No.1/2025, and quashed the proceedings insofar as the petitioners were concerned.

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NC: 2025:KHC:31481 CRL.P No. 11735 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11735 OF 2025

BETWEEN:

MR. USMAN T @ USMAN THANG ETHAIL S/O MOHAMMED, AGED ABOUT 48 YEARS, R/A. THANKAYATHIL, CHERPULACHERRY, PALAKKAD, KERALA STATE - 679 503.

MR. SALMAN @ MOHAMMED SALMAN ULTA KHAN S/O MOHAMMED ARIF ULTA KHAN, AGED ABOUT 34 YEARS, RESIDING AT NO.316, 3^RD MAIN ROAD, ISLAMPUR, BENGALURU - 560 017.

…PETITIONERS

Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

(BY SRI. VIVEKANANDA N., ADVOCATE)

AND:

STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.

MR. K MUTTU S/O. B C KANNAN, AGED ABOUT 46 YEARS, RESIDING AT NO.50, WHISPERING MEADOWS,

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NC: 2025:KHC:31481 CRL.P No. 11735 of 2025

HC-KAR

VEERASAGAR, ATTURU LAYOUT, YELAHANKA NEW TOWN, BENGALURU CITY, BENGALURU - 560 064.

…RESPONDENTS

(BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. DILIP KUMAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.16312/2025 ARISING OUT OF CR.NO.502/2024 BY YELAHANKA NEW TOWN POLICE STATION FOR THE OFFENCES P/U/S 309(6) OF BNS 2023 PENDING BEFORE THE VII ACJM, BENGALURU PRODUCED AT ANNEXURE-A.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

A crime is registered against the petitioners alleging

that respondent No.2/complainant's car and two Samsung mobiles were stolen by the present petitioners/accused.

On receiving the complaint, a crime is registered for the offence punishable under Section 310(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. The learned Magistrate has taken cognizance for the offence

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NC: 2025:KHC:31481 CRL.P No. 11735 of 2025

HC-KAR

punishable under Section 309(6) of BNS, 2023 and now

charge sheet is filed in C.C.No.16312/2025.

Today, an application is filed under Section 359(8) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission of this Court to compound the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. Along with the said application, a joint affidavit has been filed by the petitioners/accused and respondent No.2/complainant. In the joint affidavit, the complainant has categorically stated that the dispute between the parties has been amicably resolved, and therefore, he has no objection for quashing

the criminal proceedings. It is further stated therein that

the parties are businessmen, and owing to certain commercial transactions, a financial misunderstanding arose, which led to the lodging of the complaint. However, with the intervention of well-wishers, the parties have now resolved all their disputes.

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NC: 2025:KHC:31481 CRL.P No. 11735 of 2025

HC-KAR

Respondent No.2/complainant is present before

this Court and submits that the allegations made in the complaint are not true, and that the complaint was lodged only on account of a financial misunderstanding. He further submits that in view of the settlement arrived at, he has no subsisting grievance against the petitioners and expresses his willingness to withdraw the complaint.

In view of the joint affidavit and the submissions made by the complainant, it is evident that the dispute arises out of a commercial transaction and that the complainant has voluntarily withdrawn the allegations made in the complaint. Once the parties have amicably settled their differences, continuation of the proceedings would serve no fruitful purpose and would, on the contrary, amount to abuse of process of law. Accordingly, this Court is inclined to accept the settlement and quash the criminal proceedings in exercise of its inherent powers. Consequently, the application filed in I.A.No.1/2025 deserves to be allowed.

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NC: 2025:KHC:31481 CRL.P No. 11735 of 2025

HC-KAR

For the foregoing reasons, this Court proceeds

to pass the following:

ORDER

(i) The petition is allowed ;

(ii) The proceedings in C.C.No.16312/2025, pending on the file of the VII Additional Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, insofar as the petitioners are concerned, stand quashed.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

CA

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