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2025 Supreme(Online)(KAR) 5831
HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
AJMAL PASHA @ PASHA – Appellant
Versus
STATE BY – Respondent
CRL.P 13184 of 2024
The court can quash FIRs in private disputes resolved amicably, emphasizing the absence of public interest in continuing criminal proceedings.
Headnote:(A) Indian Penal Code, 1860 - Sections 306 and 34 - Quashing of FIR - Petitioners sought to quash FIR for offences punishable under IPC Sections 306 and 34, citing amicable settlement between parties - Joint Affidavit submitted confirming settlement and request for quashing proceedings - Court recognized the private nature of the dispute and the absence of public interest in continuing the case. (Paras 1-6)
(B) Criminal Procedure Code, 1973 - Section 482 - Inherent powers - Court exercised inherent powers to quash proceedings based on the amicable settlement reached between the parties, emphasizing the principle that private disputes can be resolved without judicial intervention when no public interest is affected. (Paras 5-6)
Facts of the case:
Petitioners, accused in a criminal case, sought to quash the FIR based on a settlement reached with the complainant, asserting that continuation of the case would be an abuse of process.
Findings of Court:
The court accepted the Joint Affidavit and quashed the proceedings against the petitioners, recognizing the amicable resolution of the dispute.
Issues: The main issue was whether the court should quash the FIR based on the amicable settlement between the private parties.
Ratio Decidendi: The court held that in cases of private disputes resolved amicably, judicial intervention is unnecessary, especially when no public interest is at stake.
Result: Petition allowed.
ORAL ORDER
In this petition, petitioners have sought for the following relief:-
"The Petitioner's most respectfully prays to this Hon'ble Court may kindly be pleased to quash the FIR, and Complaint in Cr.No.55/2018 for the offences punishable U/s 306 R/w 34 IPC against Ajmal Pasha and Others in Ashok Nagar PS pending on the file of Principle City Civil and Sessions Judge, LXXI ACC and SJ at Bangalore (CHH-72) in S.C.No.608/2019, at on terms and conditions as this Hon'ble Court deems fit, in the interest of justice and equity.")
2. Learned counsel for the petitioners – accused Nos. 1 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos. 1 to 4 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT"
1. We, Ajmal Pasha @ Pasha, S/o Afsar Pasha, Aged about 40 Years, Residing at No.70, 1st Cross, Central Street, Neelasandra, Bangalore-560047. Petitioner No.1 herein.
2. Hajira Begum, W/o Afsar Pasha, Aged about 62 Years, Residing at No.70, 1st Cross, Central Street, Neelasandra, Bangalore 560047. Petitioner No.2 herein.
3. Mohammed Khan, S/o Shamshuddin, Aged about 71 Years, Residing at No.1185, B Block, 2nd Floor, BDA, Austin Town, Bangalore-560047. Petitioner No.3 herein.
4. Faiz Khan, S/o Aslam Khan, Aged about 26 Years, Residing at No.76, 3rd Cross, Rashad Nagar, Arabic College post, Bangalore - 560045. Petitioner No.4 herein.
5. Mazar Khan, S/o Dastagir Khan, Aged about 38 Years, Residing at #162/1, South Cross Street, 2nd Cross, Ramakrishna Garden, Neelasandra, Bangalore -560047. Respondent No.2 herein.
1. We state that, we are the Petitioner No.1,2,3&4 and Respondent No.2 in the above case and we know the facts and circumstances of the case. Hence, we are swearing to this Affidavit.
2. We state that, the Criminal case has been filed by Respondent No.2 in Cr.No.55/2018 now S.C.No.608/2019 for the offences punishable U/s 306 R/W 34 IPC , against Petitioners 1.2.3&4 pending before LXXI addl.city civil sessions judge at Bangalore.
3. We submit that, the dispute which took place between us have been settled by the well-wishers. Elderly members and family members and now we have amicably settled the dispute and to put an end to this litigation we have approached this Hon'ble Court for the quashing of the proceedings.
4. The settlement has been taken place between private parties and has no impact against the public at large, hence this Hon'ble Court be pleased to interfere and quash the proceedings filed against the Petitioners.
5. We submit that, the continuation of the cases against the Petitioners is nothing but abuse process of law and hence this Hon'ble Court may be pleased to inherent power under Section 482 of Cr.P.C / 528 of BNSS.
6. It is submitted that with the intervention of the elderly members the petitioners and the complainant have settled this matter themselves. And as per the Judgement of Gian Sing V/s State of Punjab it is between the private parties they have resolved the issue by themselves and has settled the matter.
Wherefore, we humbly prays that this Hon'ble Court be pleased to quash the proceedings in Cr.No.55/2018 now S.C.No.608/2019 for the offences punishable U/s 306 R/w 34 IPC , against Petitioners 1,2,3&4 pending before LXXI addl.city civil sessions judge at Bangalore in the interest of justice and equity.
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
i) The petition is disposed of in terms of Joint Affidavit dated 31.01.2025.
ii) The proceedings in S.C.No.608/2019 (arising out of Crime No.55/2018 of 1st respondent – Police) registered for the offences punishable under Section 306 read with Section 34 of IPC pending on the file of LXXI Additional Ci
