Karnataka High Court
M B Noufal vs State Of Karnataka on 24 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:22046
CRL.P No. 3470 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 3470 OF 2025 (482(Cr.PC) /
528(BNSS)
BETWEEN:
M B NOUFAL
S/O ABDUL KAREEM M B
AGED ABOUT 32 YEARS
NO 2-62, BORIGUDDE HOUSE
KANNUR, MANGALORE,
D K 575 007.
...PETITIONER
(BY SRI. ASHOK KUMAR SHETTY K, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BANTWALA TOWN POLICE STATION
BANTWALA
REPRESETNED BY STATE PUBLIC PROSECTUOR
HIGH COURT BUILDING
BENGALURU - 560 001.
Digitally signed 2. MOHAMMED RAZIK S/O ISMAIL
by CHANDANA
BM AGED ABOUT 22 YEARS
R/AT 15-110/43, MUKHACHERI
Location: High
Court of KHILDRIYANAGARA, ULLALA TALUK
Karnataka MANGALURU CITY - 575 017.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP, FOR R-1
SRI. DEEPAK.S.SHETTY, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE FIR INITIATED AGAINST THE PETITIONER IN
CRIME NO.171/2024 OF BANTWALA TOWN POLICE STATION ON THE FILE
OF ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT,
BANTWALA, D.K REGISTERED FOR THE O/P/U/S 126(2), 352, 115(2),
118(1), 109(1), 3(5) OF BNS, 2023.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:22046
CRL.P No. 3470 of 2025
HC-KAR
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following relief:-
" WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to quash the F.I.R initiated against the petitioner in Crime No.171/2024 of Bantwala Town Police station on the file of the Additional Civil Judge (Junior Division) and JMFC Court, Bantwala, D.K. registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, in the interest of justice."
2. Learned counsel for the 2nd respondent - complainant has filed a Memo dated 24.06.2025 duly signed by the learned counsel for petitioner, 2nd respondent and his counsel and the same is taken on record. It is submitted that since the petitioner is in judicial custody, he is not present before the Court.
3. Learned counsel for the petitioner, respondent No.2 -
complainant and his counsel are physically present before the Court and they admit the contents of the aforesaid Memo, which reads as under:-
MEMO " The petitioner and respondent jointly submit as follows:-3-
NC: 2025:KHC:22046 CRL.P No. 3470 of 2025 HC-KAR
1. That the above criminal petition is filed with a prayer to quash the entire criminal proceedings initiated against the petitioners in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023. The 2nd respondent in the complainant in the above petition.
2. It is relevant to submit here that the petitioners have not at all committed the offences as alleged by the prosecution. It is submitted that the petitioners and the accused persons are friends and there were only exchange of words between the complainant and the petitioners that to belonging to cricket game. on th vengeance this false and frivolous complaint lodged by the complainant.
3. It is submitted that the injured complainant taken treatment for only one day and later he was discharged.
Therefore, only section 118(1) of The Bharatiya Nyaya Banhita (BNS) 2023 attracts which is compoundable in nature. It is submitted even on reading the complaint averments, the ingredients of heinous offence does not attracts, Hence, it is compoundable in nature
4. It is submitted that during the investigation the above case, the parties to the above petition above settled the dispute amicably between themselves at the intervention of well-wishers.
5. It is submitted that the petitioners have prayed this Hon'ble Court to quash the entire proceedings in Crime No.171/2024 of Bantwala police station on the file of -4- NC: 2025:KHC:22046 CRL.P No. 3470 of 2025 HC-KAR Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023. Due to the advice of the well wishers the complainant undertakes that he will not make any objections for allowing the aforesaid petition filed by the petitioners.
6. It is submitted that since the offences alleged under sections 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023 of BNS Act not compoundable in nature. Therefore, the complainant cannot withdraw the complaint before the trial Court. Under the circumstances the petitioners and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 100(1). 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023.
7. It is submitted that the 2nd respondent is the complainant before the trial Court and he has no objection to allow the aforesaid petition and to quash the entire proceedings in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023.
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8. Wherefore, it is prayed that this Hon'ble Court be pleased to allow the aforesaid petition and to quash the entire proceedings in Crime No.171/2024 of Bantwala Town police station on the file of Additional Civil Judge (Junior Division) and JMFC Court, Bantwala registered for the offence punishable under section 126(2), 352, 115(2), 118(1), 109(1), 3(5) of The Bharatiya Nyaya Sanhita (BNS) 2023, in the interest of justice."
4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Memo dated 24.06.2025.
(ii) The further proceedings arising out of Crime No.171/2024 registered by the 1st respondent - Police for the offences punishable under Sections 126(2), 352, 115(2), 118(1), 109(1), 3(5) of BNS, 2023, pending on the file of Addl.Civil Judge (Jr.Dn) & JMFC, Bantwala, insofar as the petitioner is concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.