Karnataka High Court
Sri Abdul Rahoof vs State By Urva Police Station on 12 June, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:20931
CRL.P No. 9692 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO. 9692 OF 2018 (482)
BETWEEN:
1. SRI ABDUL RAHOOF
S/O KUNHAMMED
AGED ABOUT 49 YEARS
R/AT RAHOOF MANZIL
BADIADKA ROAD, P.O. KUMBLA
KOLAPADY, KASARGOD
KERALA 671 321.
2. MEHRUNNISA
W/O ABDUL RAHOOF
AGED ABOUT 40 YEARS
R/AT SULTHAN VIEW NEAR POST OFICE
KUMBLA, KOLAPADY, KASARGOD
KERALA 671 321.
Digitally 3. KUNHIA AHAMMED
signed by S/O MAMMUNHI, AGED ABOUT 78 YEARS
KIRAN
KUMAR R R/AT SULTHAN VIEW, NEAR POST OFFICE
Location: KUMBLA KOLAPADY, KASARGOD
HIGH
COURT OF KERALA 671321.
KARNATAKA
4. ABDUL RAHIM
S/O KUNHAMMAD
AGED ABOUT 40 YEARS
R/AT RAHOOF MANZIL
BADIADKA ROAD, P.O. KUMBLA,
KOLAPADY, KASARGOD
KERALA 671 321.
...PETITIONERS
(BY SRI. RAJASHEKAR S., ADVOCATE)
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NC: 2024:KHC:20931
CRL.P No. 9692 of 2018
AND:
1. STATE BY URVA POLICE STATION
REPRESENTED BY S.P.P
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE 560 001.
2. ASWINI SADASHIVA DEVADIGA
W/O MOHAN KUMAR N.V
AGED ABOUT 32 YEARS
R/AT AJANAMMA COMPOUND,
L-B LOBO ROAD, KODICAL,
ASHOK NAGAR POST,
MANGALORE TALUK.
D.K. DISTRICT 575 006.
...RESPONDENTS
(BY SMT.N.ANITHA GIRISH, HCGP FOR R-1;
SRI.M.VINOD KUMAR, ADVOCATE FOR R-2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE
PROCEEDINGS IN CRIME NO.138/2018 OF URVA POLICE
STATION, ON THE FILE OF THE JMFC-III COURT,MANGALORE
IN CRIME NO.138/18 OFFENCE PUNISHABLE UNDER SECTION
341,504,506,323,324, 354,384,34 OF IPC, BY ALLOWING
THIS PETITION.
THIS PETITION, COMING ON FOR FURTHER SUBMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:20931
CRL.P No. 9692 of 2018
ORDER
1. This petition is filed challenging the registration of a First Information Report for offences punishable under Sections 341, 504, 506, 323, 324, 354 and 384 read with Section 34 of the Indian Penal Code.
2. The learned counsel for the petitioners, as well as the learned counsel appearing for respondent No.2, jointly submitted that the matter has been settled and that this complaint was lodged after the initiation of the proceedings under Section 138 of the Negotiable Instruments Act, 1881, against respondent No.2 in CC No.78 of 2018.
3. They also submit that the settlement arrived at between the parties is that the petitioners would not pursue Section 138 proceedings and consequently, respondent No.2 would not pursue the complaint that is lodged on the basis of which an FIR is filed and which is impugned in this position.
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NC: 2024:KHC:20931 CRL.P No. 9692 of 2018
4. In view of the said submissions, it is obvious that the proceedings initiated by respondent No.2 against the petitioners are not justified.
5. Consequently, the impugned proceedings are quashed.
6. The petition is accordingly allowed.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, shall stand disposed of.
Sd/-
JUDGE RK CT: SN List No.: 1 Sl No.: 62