IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.6326/2019 BETWEEN 1. KHALID AHMED @ MOHAMMED KHALID S/O AFZAL AHAMED, AGED ABOUT 28 YEARS, R/AT #31, B STREET SHIVAJI NAGAR LAL MASJID, SHIVAJI NAGAR, BANGALORE-560 051 2. ATIQ KHAN S/O ANSAR KHAN, AGED ABOUT 22 YEARS, #75, KARIMARIYAMMA NAGAR, VENKATESHAPURAM, BANGALORE NORTH-560045 (BY SRI SANMUKH REDDY, ADV.) AND 1. STATE OF KARNATAKA RT NAGAR POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-01.
...PETITIONERS 2. SMT.MUMTAZ IMTIAZ W/O LATE IMTIAZ AHMED, AGE 61, R/O SF-4, DAVIS HABITAJ, DAVIS ROAD, SAGAYAPURAM, BANGALORE-560 005.
(BY SRI H.R.SHOWRI, HCGP FOR R1, SRI PRASHANTH S.G, ADV. FOR R2.) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.124/2019 OF R.T.NAGAR POLICE STATION, FOR OFFENCE U/S.354-A,506 AND 34 OF IPC WHICH IS PENDING ON THE FILE OF THE 56TH ADDITIONAL CMM, AT BENGALURU BY ALLOWING THE PETITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners, the learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2.
2. Respondent No.2 is the complainant and in the complaint, she has alleged that petitioner No.1 is said to have spoken vulgarly saying that, ‘I am a man, I have two balls, do you want to see’ and is said to have gestured badly. Apart from that, it is stated that his staff preventing her from taking the files by holding her hands and further said to have threatened her saying, ‘you come out and I will see you’. On these allegations, the complainant approached the respondent – Police. The respondent – Police have registered a case in Crime No.124/2019 for the offence punishable under Sections 354(A) and 506 read with Section 34 of Indian Penal Code.
3. The parties have filed a joint affidavit praying to quash the FIR on the premise that they have settled the matter as per mutual understanding and as per the guidance of the well-wishers.
4. The complainant – respondent No.2 is present before the Court. On a query, she would submit that she is conversant in English and she has read the affidavit and that she being aged lady and a widow and on the intervention of elders, well wishers and friends, she desires to withdraw the complaint and does not wish to pursue the matter. That she has no objection for the Court to quash the proceedings registered as *Crime No.124/2019 pending on the file of LVI Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City.
5. Accused Nos.1 and 3 have filed the instant petition. It is submitted that the petitioners never intended anything ill and that an altercation lead to misgivings and the instant complaint.
6. This Court has perused the complaint. The complaint does not disclose the commission of any heinous crime or crime that would shock collective conscious of the Society. Further, keeping in consideration, the age of the accused and the complainant, who is aged about 61 years and that she desires to give a quietus to the misunderstandings, this Court is of the considered opinion that this is an appropriate case where the Court can be called upon to exercise its discretionary jurisdiction under the provisions of Section 482 of Cr.P.C to secure the ends of justice and to prevent abuse of process of law as any compulsion to take the prosecution to a logical end would merely result in a loss of precious judicial time and in the light of the law laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Another reported in (2012) 10 SCC 303, the petition is allowed.
The proceedings in *Crime No.124/2019 pending on the file of LVI Additional Chief Judicial Magistrate, Nrupathunga Road, Bengaluru City stands quashed.
Sd/- JUDGE dn/-
CT-HR *Corrected vide V.C.Order dated 31.01.2020.