Karnataka High Court
Sri. Nasrullah @ Nasru vs State Of Karnataka By on 31 December, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 13684 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 13684 OF 2024
BETWEEN:
SRI. NASRULLAH @ NASRU,
S/O. NOORULLA,
AGED ABOUT 31 YEANS,
R/AT NO.56, CHASAVI NILAYA,
2ND CROSS, BDS LAYOUT,
SRK NAGAR, BENGALURU-560 077.
PREVIOUSLY R/AT
NO. 113/2, 11TH ADAM STREET,
NAGAWARA MAIN ROAD,
BENGALURU - 560 045.
(NOW IN JUDICIAL CUSTODY,
CENTRAL PRISON, BANGALORE)
...PETITIONER
(BY SRI. TEJAS N., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
GOVINDAPURA POLICE STATION,
Digitally signed by
R HEMALATHA BENGALURU - 560 045.
Location: HIGH (REPRESENTED BY LEARNED
COURT OF STATE PUBLIC PROSECUTOR,
KARNATAKA
HCK, BANGALORE - 01)
2. SMT. SANIYA BANU,
W/O. IMRAN KHAN,
AGED ABOUT 28 YEARS,
R/AT NO.AB-64, 7TH CROSS,
NEAR NOOR MASJID,
SAMIL ROAD, SARAYAPALYA,
BENGALURU - 560 077.
...RESPONDENTS
(BY SRI. DIVAKAR MADDUR, HCGP FOR R1;
SRI. MANJUNATH K., ADVOCATE FOR R2)
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CRL.P No. 13684 of 2024
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.53055/2024 ON THE FILE OF HONBLE XI A.C.J.M MAYO
HALL UNIT, BENGALURU WHICH IS ARISING OUT OF
CR.NO.317/2023 OF GOVINDAPURA P.S. BENGALURU FOR THE
OFFENCE P/U/S 143,148,307,354-A,324,341,504,506,109 R/W 149 OF
IPC AND SEC.25(1)(B)(b) OF ARMS ACT AS AN ABUSE OF
PROCESS OF LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner, Accused No. 1, along with other accused
persons, is facing charges for offenses punishable under
Sections 143, 148, 307, 354-A, 324, 341, 504, 506, 109 read
with Section 149 of the IPC, and Section 25(1)(B)(b) of the
Arms Act. The prosecution alleges that the husband of the
complainant had borrowed a sum of ₹1,00,000/- from Accused
No. 3 and failed to repay the same. Consequently, Accused
Nos. 2 and 3 developed enmity against the complainant’s
husband and allegedly conspired to harm him with the help of
rowdies.
2. On 26.11.2023, while the complainant, along with
CW-3, was proceeding on a two-wheeler to meet her
husband, the accused, having formed an unlawful assembly
and armed with deadly weapons, allegedly wrongfully
restrained the complainant and CW-3. It is further alleged that
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CRL.P No. 13684 of 2024
Accused No. 1 assaulted the complainant with an iron rod,
causing injuries to her left ear, right eyebrow, right hand, and
other parts of her body.
3. The petitioner (Accused No. 1) and the
complainant are present before this Court and have jointly
filed an application under Section 320(2) read with Section
482 of the Cr.P.C. In the application, the petitioner has
expressed remorse for his actions, apologized, and sought
forgiveness from the complainant. The complainant has stated
her intention to forgive the petitioner and withdraw all
allegations against him.
4. While the offense punishable under Section 307 of
the IPC carries a minimum imprisonment of ten years and is
non-compoundable in nature, the following considerations has
to be taken note of :
i. The injuries sustained by the complainant are
simple in nature.
ii. The petitioner has expressed genuine remorse for
his actions.
iii. A settlement has been amicably arrived at
between the parties, and the complainant has no objection to
quashing the proceedings.
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CRL.P No. 13684 of 2024
5. In light of the above, the continuation of criminal
proceedings against the petitioner would serve no purpose
and would amount to an abuse of the process of law, since the
probability of the Petitioner is remote and bleak in view of the
settlement.
ORDER
i. Petition is allowed.
ii. The impugned proceedings in CC.No.53055/2024 on the
file of XI Additional Chief Judicial Magistrate, Mayo Hall
Unit, Bengaluru insofar it relates to accused No.1 is
hereby quashed and the accused No.1 to be released if
he is not required in any other case.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
TIN