Karnataka High Court
Zabi @ Zabiulla Khan vs State Of Karnataka on 20 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:7956
CRL.P No. 6976 of 2024
C/W CRL.P No. 6980 of 2024
CRL.P No. 11714 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 6976 OF 2024 (482(Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO. 6980 OF 2024
CRIMINAL PETITION NO. 11714 OF 2024
IN CRL.P No. 6976/2024
BETWEEN:
JAVEED RAFIQ,
S/O RAFIQ,
AGED ABOUT 22 YEARS
PRESENT ADDRESS AS PER CHARGE SHEET:
KALIYAMMAL TENT HOUSE,
BISMILLAH NAGAR, HAVALPALLI DAM ROAD,
HOSURU TOWN, HOSURU TALUK,
KRISHNAGIRI DISTRICT, KRISHNAGIRI,
TAMILNADU - 635109
PERMANENT ADDRESS: NO. 467,
Digitally
PARVATHINAGAR KIRSHNAGIRI ROAD,
signed by HOSURU TOWN, HOSURU TALUK,
LEELAVATHI
SR KRISHNAGIRI DISTRICT, KRISHNAGIRI,
Location: TAMILNADU - 635109
High Court
of Karnataka ...PETITIONER
(BY SRI. AFROZ PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HEBBAGODI P.S.,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT COMPLEX,
BANGALORE - 560001.
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CRL.P No. 6976 of 2024
C/W CRL.P No. 6980 of 2024
CRL.P No. 11714 of 2024
2. SYED SALEEM,
S/O LATE SYED SHABBIR,
AGED ABOUT 43 YEARS,
NO. 372, LATHIF BUILDING NEAR MEKKA MASJID,
AKBAR NAGAR, SHIKARIPALYA,
JIGANI, ANEKAL TALUQ,
BENGALURU- 560100
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R1
SRI. IMRAN G., ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
SPL.C.NO.680/2022 (CR.NO.150/2022) FOR ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 6 AND 17 OF PROTECTION OF
CHILDREN FROM THE SEXUAL OFFENCES ACT, 2012 AND
SECTION 363, 342, 376 OF IPC, 1860, REGISTERED AND CHARGED
SHEETED BY THE RESPONDENT POLICE i.e., HEBBAGODI POLICE
STATION, PENDING ON THE FILE OF HON'BLE ADDITIONAL
DISTRICT AND SESSION JUDGE, FTSC-III, BENGALURU RURAL
DISTRICT AT BENGALURU.
IN CRL.P NO. 6980/2024
BETWEEN:
1. JAVEED @ JAVEED RAFEEK
S/O RAFIQ,
AGED ABOUT 22 YEARS,
PRESENT ADDRESS AS PER CHARGE SHEET:
PERMANENT ADDRESS: NO. 467,
PARVATHINAGAR, HOSURU,
KRISHNAGIRI DISTRICT, KRISHNAGIRI,
TAMILNADU- 635109
2. AMEER BASHA
S/O HUSSAIN SAB,
AGED ABOUT 49 YEARS,
RESIDING AT: SHIKARIPALYA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU DISTRICT - 560100.
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CRL.P No. 6976 of 2024
C/W CRL.P No. 6980 of 2024
CRL.P No. 11714 of 2024
ADDRESS AS PER AADHAR CARD:
NO.44, DEVALINGAIAHNAPALYA,
HEJJALA, RAMANAGARA,
KARNATAKA - 562109
...PETITIONERS
(BY SRI. AFROZ PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HEBBAGODI P.S.,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT COMPLEX,
BANGALORE - 560001
2. SYED SALEEM,
S/O LATE SYED SHABBIR,
AGED ABOUT 43 YEARS,
NO. 372, LATHIF BULDING,
NEAR MEKKA MASJID,
JIGANI HOBLI, ANEKAL TALUQ,
BENGALURU- 560100
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R-1
SRI. IMRAN G., ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC PRAYING TO QUASH THE FIR IN CR.NO.421/2023 FOR
ALLEGED OFFENCE PUNISHABLE UNDER SECTION 343, 363,
366(A), 376 OF IPC R/W 4, 5(L) AND 6 POCSO R/W SECTION 9 OF
CHILD MARRIAGE ACT, REGISTERED BY THE RESPONDENT
POLICE i.e., HEBBAGODI POLICE STATION, PENDING ON THE FILE
OF HON'BLE ADDITIONAL DISTRICT AND SESSION JUDGE, FTSC-III
BENGALURU RURAL DISTRICT, AT BENGALURU.
IN CRL.P NO. 11714/2024
BETWEEN:
ZABI @ ZABIULLA KHAN
S/O ZAKARULLAH KHAN
AGED ABOUT 35 YEARS,
RESIDING AT: NO. 12,
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C/W CRL.P No. 6980 of 2024
CRL.P No. 11714 of 2024
MANGAMMANA PALYA,
NEAR JOHNSON SCHOOL,
BANGALORE SOUTH,
BANGALORE 560 068
...PETITIONER
(BY SRI. AFROZ PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HEBBAGODI P. S.,
REP BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT COMPLEX,
BANGALORE 560 001
2. SYED SALEEM
S/O LATE SYED SHABBIR,
AGED ABOUT 43 YEARS,
NO. 372, LATHIF BULDING,
NEAR MEKKA MASJID,
JIGANI HOBLI, ANEKAL TALUQ,
BENGAURU 560 100
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R-1
SRI. IMRAN G., ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CR NO.421/2023 FOR ALLEGED OFFENCES
PUNISHABLE UNDER SECTION 343, 366(A), 376, IPC R/W 4, 5(L)
AND 6 OF POCSO R/W SEC 9 OF CHILD MARRIAGE ACT,
REGISTERED BY THE RESPONDENT POLICE i.e., HEBBAGODI
POLICE STATION PENDING ON THE FILE OF HON'BLE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC-III BENGLAURU RURAL
DISTRICT AT BENGALURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 6976 of 2024
C/W CRL.P No. 6980 of 2024
CRL.P No. 11714 of 2024
ORAL ORDER
In Crl.P.No.6976/2024, petitioner has sought for the following reliefs:-
"Wherefore, the Petitioner most respectfully prays that, this Hon'ble Court may be pleased to quash the entire proceedings in Spl.C.No.680/2022 (Crime No.150/2022) for alleged offences punishable under section 6 and 17 of Protection of Children from the sexual offences act 2012 and Section 363, 342, 376 of IPC, registered and charged sheeted by the respondent police i.e., Hebbagodi Police Station Judge FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity."
2. In Crl.P.No.6980/2024, petitioners have sought for the following reliefs:-
"Wherefore, the Petitioners most respectfully prays that, this Hon'ble Court may be pleased to quash the FIR in Cr.No.421/2023 for alleged offences punishable under section 343, 363, 366(a), 376 of IPC R/w 4, 5(l) and 6 of POCSO R/w section 9 of Child Marriage act, registered by the respondent police i.e., Hebbagodi Police station pending on the file of Hon'ble Additional District and Sessions Judge, FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity."
3. In Crl.P.No.11714/2024, petitioner has sought for the following relief:-
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NC: 2025:KHC:7956 CRL.P No. 6976 of 2024 C/W CRL.P No. 6980 of 2024 CRL.P No. 11714 of 2024 "Wherefore, the Petitioner most respectfully prays that, this Hon'ble Court may be pleased to quash the entire proceedings in Cr.No.421/2023 for alleged offences punishable under section 343, 366(A), 376 of IPC R/w 4, 5(L) & 6 POCSO R/w Section 9 of Child Marriage act, registered by the respondent police, i.e., Hebbagodi Police station pending on the file Hon'ble Additional District and Sessions Judge, FTSC-III, Bengaluru rural District at Bengaluru in the interest of justice and equity."
4. In these petitions, learned counsel for the petitioners and learned counsel for respondent No.2 - complainant have filed a Joint Affidavits dated 20.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record.
5. In Crl.P.No.6976/2024, petitioner - accused, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit dated 20.02.2025, which reads as under:-
"JOINT AFFIDAVIT "I Javeed Rafiq @ Javeed Rafeek S/o Rafiq, Aged about 22 years, Residing at Kaliyammal Tent House Bismillah nagar, Havalpalli Dam Road, Hosuru Town, Hosuru taluk, Krishnagiri District, Krishnagiri, Tamilnadu - 635109 and Syed Saleem S/o late Syed Shabbir, aged about 43 -7- NC: 2025:KHC:7956 CRL.P No. 6976 of 2024 C/W CRL.P No. 6980 of 2024 CRL.P No. 11714 of 2024 years No.372, Lathif Building near Mekka Masjid, akbarnagar, Shikaripalya, Jigani, Anekal Taluq, Bengaluru - 560100 do hereby solemnly affirm and state on oath as follow.
1. I Javeed Rafiq @ Javeed Rafeek, accused/petitioner in the above case and I am fully conversant with the facts of the case and I have filed the above petition for the quashing the entire proceedings in Spl.C.No.680/2022 and I am swearing to this affidavit on behalf.
2. I Syed Saleem I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit.
3. We submit that, we have filed an application u/s 320(2) CRPS to compound the offences in the above criminal petition.
4. I Syed Saleem submit that, the above petitioner got married to my daughter on 28.10.2023 and they both are having a baby girl born on 16.06.2024 and they have living happily.
5. We submit that, we have settled our disputes and matter has been compromised between us in the presence of the well-wisher.
6. We submit that, we have settled our disputes with own will and wish without any influence or force.-8-
NC: 2025:KHC:7956 CRL.P No. 6976 of 2024 C/W CRL.P No. 6980 of 2024 CRL.P No. 11714 of 2024 What is stated above is true and correct to the best of my knowledge, information and belief.
Wherefore, it is most respectfully prayed that this Hon'ble may please to:
1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.
2. Pleased to quash the entire proceedings in SPl.C.No.680/2022 (Crime No.150/2022) offences punishable u/s 363, 342, 376 of IPC and Section 6 and 17 of POCSO Act registered and charge sheeted by the Hebbagodi Police pending on the file of Additional District and Sessions Judge, FTSC-3 at Bengaluru rural at Bengaluru in the interest of Justice and equity."
6. In Crl.P.Nos.6980/2024 and 11714/2024, petitioners, respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Joint Affidavit dated 20.02.2025, which reads as under:-
"JOINT AFFIDAVIT "I Javeed Rafiq @ Javeed Rafeek S/o Rafiq, Aged about 22 years, Residing at Kaliyammal Tent House Bismillah nagar, Havalpalli Dam Road, Hosuru Town, Hosuru taluk, Krishnagiri District, Krishnagiri, Tamilnadu - 635109 and Syed Saleem S/o late Syed Shabbir, aged about 43 years No.372, Lathif Building near Mekka Masjid, akbarnagar, Shikaripalya, Jigani, Anekal Taluq, Bengaluru --9-
NC: 2025:KHC:7956 CRL.P No. 6976 of 2024 C/W CRL.P No. 6980 of 2024 CRL.P No. 11714 of 2024 560100 do hereby solemnly affirm and state on oath as follow.
1. I Javeed Rafiq @ Javeed Rafeek, accused/petitioner in the above case and I am fully conversant with the facts of the case and I have filed the above petition for the quashing the entire investigation in Cr.No.421/2023 and I am swearing to this affidavit on behalf of 2nd and 3rd petitioner also.
2. I Syed Saleem I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit.
3. We submit that, we have filed an application u/s 320(2) CRPS to compound the offences in the above criminal petition.
4. I Syed Saleem submit that, the above petitioner got married to my daughter on 28.10.2023 and they both are having a baby girl born on 16.06.2024 and they have living happily.
5. We submit that, we have settled our disputes and matter has been compromised between us in the presence of the well-wisher.
6. We submit that, we have settled our disputes with own will and wish without any influence or force.
What is stated above is true and correct to the best of my knowledge, information and belief.
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NC: 2025:KHC:7956 CRL.P No. 6976 of 2024 C/W CRL.P No. 6980 of 2024 CRL.P No. 11714 of 2024 Wherefore, it is most respectfully prayed that this Hon'ble may please to:
1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.
2. Pleased to quash the entire investigation in Crime No.421/2023 offences punishable u/s 343, 366(A), 376 of IPC and Section 4, 5(L), 6 of POCSO Act and R/w 9 of Child marriage act registered by the Hebbagodi Police pending on the file of Additional District and Sessions Judge, FTSC-3 at Bengaluru rural at Bengaluru in the interest of Justice and equity."
7. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent in these three petitions, I pass the following:
ORDER
(i) The petitions are disposed of in terms of Joint Affidavits, both dated 20.02.2025.
(ii) In Crl.P.No.6976/2024, the impugned proceedings in Spl.C.No.680/2022 (arising out of Crime No.150/2022 of 1st respondent - Police) registered for the offences punishable under Sections 363, 342, 376, of IPC, pending on the file of Additional District and Sessions Judge FTSC-III, Bengaluru Rural District, insofar as the petitioner is concerned are hereby quashed.
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(iii) In Crl.P.No.6980/2024, the impugned proceedings in Crime No.421/2023 of 1st respondent - Police, registered for the offences punishable under Sections 343, 363, 366(A), 376 IPC R/w 4, 5(L) & 6 of POCSO R/w. Section 9 of Child Marriage Restraint Act, pending on the file of Additional District and Sessions Judge FTSC-III, Bengaluru Rural District, insofar as the petitioners are concerned are hereby quashed.
(iv) In Crl.P.No.11714/2024, the proceedings in Crime No.421/2023 of 1st respondent - Police registered for the offences punishable under Sections 343, 366(A), 376 of IPC, Sections 4, 5(L) and 6 of POCSO Act and Section 9 of the Child Marriage Restrain Act, pending on the file of Additional District and Sessions Judge FTSC-III, Bengaluru Rural District, insofar as the petitioner is concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 2