IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10101 OF 2024 (482(Cr.PC) / 528(BNSS)

C/W CRIMINAL PETITION NO. 11865 OF 2024(482(Cr.PC) / 528(BNSS)

IN CRL.P No.10101 OF 2024 BETWEEN:

1. SRI. ABDUL SALAM RAWTHAR S@ R. M. ABDUL SALAM S/O LATE SRI R M MOIDEEN AGED ABOUT 53 YEARS

2. SRI R M RAZAK S/O LATE SRI R M MOIDEEN AGED ABOUT 38 YEARS BOTH R/AT BETHU VILLAGE MADIKERI TALUK KODAGU DISTRICT 571252 Digitally signed by …PETITIONERS LEELAVATHI S R (BY SRI. NANDISH GOWDA G.B., ADVOCATE)

Location: High Court of Karnataka AND:

1. THE STATE OF KARNATAKA NAPOKUL POLICE STATION, NAPOKLU REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT OF KARNATAKA BUILDING BENGALURU 560001

2. SRI MOHAMMED ASRSHAK S/O SRI P S BASHEER AGED ABOUT 25 YEARS RA/T BETHU VILLGE NAPOKLU, MADIKERI TALUK KODAGU DSITRICT …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;

SRI. HANEEF M.H., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S

528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.0024/2024 REGISTERED BY NAPOKLU POLICE STATION, FOR THE OFFENCE P/U/S 447, 504, 506, 323, 324 R/W 34 OF IPC PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, MADIKERI.

IN CRL.P NO. 11865/2024 BETWEEN:

1. MR. MOHAMMAD ARSHAK SON OF MR. P.A. BHASEER AGED ABOUT 25 YEARS

2. MRS. JAMEELA WIFE OF MR.P.A.BHASEER AGED ABOUT 54 YEARS

3. MR. MOHAMMAD ASHFAQ (ASBAK)

SON OF MR.P.A.BHASEER AGED ABOUT 32 YEARS ALL ARE RESIDING AT BETHU VILLAGE AND POST NAPOKLU, MADIKERI TALUK KODAGU-571 214 …PETITIONERS (BY SRI. HANEEF M.H., ADVOCATE)

AND:

1. THE STATE BY SHO, NAPOKLU POLICE, MADIKERI CIRCLE MADIKERI TALUK, KODAGU - 571 214 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001

2. MR.ABDUL SALAM RAWTHAR SON OF LATE R.M. MOHIDEEN AGED ABOUT 54 YEARS RESIDING AT B.M.ROAD NISARGADHAMA TOURIST CENTER RASALPURA, KUSHALNAGAR TALUK KODAGU DISTRICT-571 234 …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R1;

SRI.NANDISH GOWDA, ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., TO QUASH THE IMPUGNED FINAL REPORT NO.A/47/2024 DATED 19/08/2024 SUBMITTED BY THE R1 (NAPOKLU POLICE) AGAINST THESE PETITIONERS IN CRIME NO.44/2024 FOR THE OFFENCE PUNISHABLE SECTION 447, 504, 506 OF THE INDIAN PENAL CODE, 1860 (ANNEXURE-D) AND ETC.

THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR COMMON ORAL ORDER In Crl.P.No.10101/2024, the petitioners seek the following reliefs:

" A) Quash the proceedings in Crime No. 0024/2024 Registered by Napoklu Police Station for the offence punishable under Section 447, 504, 506, 323, 324, R/w 34 of IPC pending on the file of the Addl. Civil Judge and JMFC, Madikeri in the interest of justice and equity.

b. And grant such other order or directions as this Hon’ble Court deems fit under the circumstances of the costs, in the interest of justice and equity.”

2. In Crl.P.No.11865/2024, the petitioners seek the following reliefs:

“a) To call for records, o the file of the Learned the Additional Civil Judge and JMFC, at Madikeri, Kodagu in C.C.No.2751/2024.

b) To quash the impugned Final Report No.A//47/2024 dated: 19.08.2024 submitted by the Respondent No.1(Napoklu Police) against these petitioners in Crime No. No. 44/2024 for the offence punishable Seciton 447, 504, 506 of the Indian Penal Code, 1860. (Annexure-D)

c) To quash the impugned order dated:

10.09.2024 passed by the learned the Additional Civil Judge and JMFC, at Madikeri, Kodagu in C.C.No.2751/2024 (ANNEXURE-E).

d) To Grant such other order, directions, relief/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.”

3. Heard learned counsel for the parties and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record.

4. A perusal of the material on record will indicate that the peti