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Karnataka High Court

Khalid Ur Rehman Alias Khalid vs State Of Karnataka on 20 August, 2025

                                                  -1-
                                                             NC: 2025:KHC:32533
                                                        CRL.P No. 12081 of 2025


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF AUGUST, 2025

                                              BEFORE
                   THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                             CRIMINAL PETITION NO. 12081 OF 2025


                   BETWEEN:

                   1.    KHALID UR REHMAN ALIAS KHALID
                         S/O FAIROZ KHAN,
                         AGED ABOUT 22 YEARS,
                         R/O NO.44/3, BSA ROAD, OPP BATA SHOP,
                         FRAZER TOWN, BNGALURU - 560 005.

                   2.    BI BI HAJEERA
                         W/O FAIROZ KHAN,
                         D/O SYED RIZWANULLA,
                         AGED ABOUT 41 YEARS,
                         R/O NO.18, 10TH CROSS,
                         KANAKA NAGAR, RT NAGAR,
                         BANGALORE - 560 032.
                                                                 ...PETITIONERS
Digitally signed   (BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
by NAGARAJA B
M                  AND:
Location: HIGH
COURT OF
KARNATAKA          1.    STATE OF KARNATAKA
                         REP BY D. J HALLI P S.
                         BANGALORE - 560 045.

                   2.    SOFIYA SULTANA
                         AGED ABOUT 31 YEARS,
                         R/O NO.44/3 BSA ROAD,
                         FRAZER TOWN POST,
                         BANGALORE - 560 045.

                   3.    ZULFI SULTANA
                         AGED ABOUT 36 YEARS,
                                -2-
                                              NC: 2025:KHC:32533
                                         CRL.P No. 12081 of 2025


HC-KAR



    R/O NO.44/3 BSA ROAD,
    FRAZER TOWN POST,
    BANGALORE - 560 045.
                                         ...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
    SRI. ABDUL ARBAAZ, ADVOCATE FOR R2 & R3)

      THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF

CR.P.C PRAYING TO QUASH THE FIR INC RIME NO.467/2024 IN

C.C.NO.63475/2025      OF    D.J.HALLI     P.S.,   AGAINST   THE

PETITIONER FOR THE OFFENCE P/US/ 76, 351(2), 352, 3(5) OF

BNS 2023 PENDING IN THE COURT OF 11th ADDL. CMM COURT

MAYO HALL BENGALURU CITY.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM


                         ORAL ORDER

The accused are before this Court seeking quashing of the proceedings pending in Crime No. 467/2024 for the offences punishable under Section 76, 351(2), 352, 3(5) of BNS 2023.

2. Today, a joint memo has been filed along with an affidavit of the complainant, wherein it is stated that the matter has been amicably settled and that she does not wish to -3- NC: 2025:KHC:32533 CRL.P No. 12081 of 2025 HC-KAR prosecute the allegations against the petitioners any further. The complainant is present before this Court, and on being specifically queried, she has confirmed that the settlement is voluntary, without any coercion or undue influence. She has further submitted that the petitioners, who were tenants, have vacated the tenanted premises and have duly handed over possession to her, thereby resolving the dispute in its entirety.

3. It is true that the offence punishable under Section 76 of the Bharatiya Nyaya Sanhita, 2023, is not compoundable. However, having regard to the fact that the genesis of the case lies in a landlord-tenant dispute and the parties have now amicably resolved their differences, this Court is of the opinion that continuing with the criminal proceedings would serve no fruitful purpose. Since possession has been restored and the complainant herself has expressed no objection to quashing, this Court considers it appropriate to exercise its inherent jurisdiction under Section 482 Cr.P.C. to secure the ends of justice and to prevent abuse of process.

4. In view of the above, the petition stands allowed. The proceedings in C.C. No.63475/2025 arising out of D.J. Halli -4- NC: 2025:KHC:32533 CRL.P No. 12081 of 2025 HC-KAR Police Station, insofar as they relate to the petitioners for the alleged offences punishable under Sections 76, 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed.

Sd/ (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 121