Adil & Ors vs State Of Karnataka & Ors.

S.R. Krishna Kumar, J

In this petition, petitioner seeks for the following reliefs:-

“ a) Issue a Writ of Certiorari or any other writ or order seeking to quash the F.I.R dated:09.06.2025, in Crime No.0122/2025, registered by Respondent Kalasipalya Police, Bengaluru, for the offences punishable under Section 109(1), 137(2), 351(2) and 190 of Bharatiya Nyaya Sanhita (BNS), 2023, pending on the file of Learned 5th Addl.CMM.Court, Bangalore City., vide Annexure-A.

b) Issue a Writ of Certiorari or any other writ or order seeking to quash the entire proceedings in Crime No.122/2025, initiated by Learned 5th Addl.CMM Court, Bangalore, for the offences punishable under Section 109(10, 137(2), 351(2) and 190 of Bharatiya Nyaya Sanhita (BNS), 2023, registered by Respondent Kalasipalya Police, Bengaluru, in Crime No.0122/2025., vide ANNEXURE-C.

c) Pass such other order/s as this Hon’ble court deem fit under the facts and circumstances of the case, in the interest of justice and equity.”

Learned counsel for the petitioners has filed an application I.A.No.1/2025 accompanied by a Joint Memo reporting amicable settlement of the dispute between the petitioners and respondent No.2 and for compounding the alleged offences. The said Joint Memo reads as under:

JOINT MEMO

We, the undersigned:

“ 1. ADIL, s/o Mohammed Zakaulla, Aged about 34 years, R/at #301.3RD Floor, 16 Pallavi Apartment, Shampura Main Road, Indeerjith Layout, Behind Ambedkar Medical College, Arabic College, Bangalore - 45, hereinafter referred to as the PETITIONER NO.1;

MIR LIYAQATH ALI, S/O Meer Ahmed Ali, Aged about 34 years, r/No.81, 5TH Cross, Devegowda Road, Thimmaiah Garden, R.T. Nagar, Bangalore North, Bengaluru - 560 032, hereinafter referred to as PETITIONER NO.2;

SYED ZAKIR AHMED, S/o Syed Rafiq Ahmed, Aged about 34 R/at No.9, 4TH Main, B.M. Layout, Venkatesh Puram, Ba North, Bengaluru, hereinafter referred to as the PETITIONE

SYED ROSHAN, S/O Syed Khaleem, Aged about 25 years. No.46, 10TH 'A' Main Road, 4TH Cross, 4TH Block, HBR Layout Nagar, Bangalore, hereinafter referred to as RESPONDENT NO.2;

Do hereby solemnly affirm and state as follows:.

I, ADIL, the Petitioner No. 1, 1, MIR LIYAQATH ALI, the Petitioner No.2. I, YED ZAKIR AHMED, the Petitioner No.3 in the above case, and I, SYED ROSHAN, the Respondent No.2 in the above case, do hereby state and affirm that we are fully conversant with the facts of the case, and we are swearing to this affidavit on our own behalf.

We state that, based on the settlement arrived between us, the Petitioner has filed the present application under Section 359 read with Section 528 of BNSS, 2023, seeking for compounding of the alleged offences.

We state that, upon the advice and intervention of elders, well-wishers, and mutual friends, the parties to the dispute have held deliberations and arrived at an amicable compromise and settlement with respect to subject matter of complaint, without any coercion, inducement or undue influence.

We state that the Petitioners, Respondent No.2, and Victims have resolved all their differences and decided not to pursue the complaint or any other legal proceedings against each other in connection with the said incident. The Respondent No.2 and Victim have agreed to withdraw all the allegations alleged in the present case.

We state that the Respondent No.2 and the Victims have no objection to the quashing of the criminal proceedings initiated against the Petitioners, in the interest of justice and maintaining cordial relations.

We state that this Joint Affidavit is executed voluntarily by all the parties place the true facts before the Hon'ble Court and to request the Hon'ble Court to take on record the compromise and quash the criminal proceedings arising out of the said complaint in view of the settlement.

We state that the parties undertake not to initiate any further litigation or complaint against each other in respect of the subject incident, and agree to abide by the terms of this compromise in good faith.”

Learned counsel for the petitioners submits that the petitioners are presently in judicial custody presently and in addition to quashing the impugned proceedings on account of the settlement, the 1st respondent and concerned jail authorities may be directed to release the petitioners forthwith. The said submission is placed on record.

In view of the aforesaid Joint Memo and the settlement arrived at between the petitioners and respondent No.2-complainant, the impugned proceedings deserve to be quashed and necessary directions are to be issued to the 1st respondent and concerned jail authorities to release the petitioners immediately.

In the result, I pass the following:

ORDER

(i) I.A.No.1/2025 filed by the parties is hereby allowed.

(ii) Petition is hereby allowed in terms of the Joint Memo dated 27.06.2025 filed by the petitioners and respondent No.2.

(iii) The proceedings in Crime No.122/2025 registered by the 1st respondent – Police now pending on the file of V Addl.CMM Court, Nrupathunga Road, Bangalore City, insofar as the petitioners are concerned are hereby quashed.

(iv) The 1st respondent – Police and concerned jail authorities are directed to release the petitioners immediately without any further delay.

(v) Registry is directed to communicate this order to the 1st respondent as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order.

Hand delivery of this order is permitted.