HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 30217 OF 2025 (GM-RES)

C/W WRIT PETITION NO. 32343 OF 2025 (GM-RES)

IN WP No. 30217/2025 BETWEEN:

JEELANI PASHA @ JILAN PASHA S/O LATE DASTAGIR, AGED ABOUT 35 YEARS, NO.12-6-590, NEAR WATER TANK, LVS NAGAR, RAICHUR DISTRICT-584 102.

…PETITIONER (BY SRI. GIRISH R., ADVOCATE (P/H))

Digitally signed by LAKSHMI T AND:

Location:

High Court of Karnataka

1. STATE OF KARNATAKA BY KUMARASWAMY LAYOUT PS, REPRESENTED BY SPP, HIGH COURT, BENGALURU-560 001.

2. MOHAMMAD NOOR S/O LATE MOHAMMAD GOUSHA, AGED ABOUT 49 YEARS, R/AT: 12-4-30/34, CHANDRABANDE ROAD, HC-KAR LALABAHADHUR SHASTRI NAGAR, RAICHUR-584 102.

…RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE FOR R2 (P/H))

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE PROCEEDINGS IN CRIME NO.73/2025 PENDING ON THE FILE OF 30^TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, FOR OFFENCES PUNISHABLE UNDER SECTIONS 140(3), 127(2), 351(3), 61(2)(a), AND 115(2) OF THE BHARATIYA NYAYA SANHITA, 2023 REGISTERED BY KUMARASWAMY LAYOUT P.S. AS PER ANNEXURE-C.

IN WP NO. 32343/2025 BETWEEN:

MOHAMMED ISMAIL @

MOHAMMED ISMAIL SHARIF S/O DASTAGIR, AGED ABOUT 31 YEARS, NO.12-6-590, NEAR JHANDA KATTA, IBS NAGAR, RAICHUR DISTRICT-584 102.

...PETITIONER (BY SRI. GIRISH R., ADVOCATE (P/H))

AND:

1. STATE OF KARNATAKA BY KUMARASWAMY LAYOUT PS, REPRESENTED BY SPP, HIGH COURT, BENGALURU-560 001.

HC-KAR

2. MOHAMMAD NOOR S/O LATE MOHAMMAD GOUSHA, AGED ABOUT 49 YEARS, R/AT: 12-4-30/34, CHANDRABANDE ROAD, LALABAHADHUR SHASTRI NAGAR, RAICHUR-584 102.

...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE FOR R2 (P/H))

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.73/2025 PENDING ON THE FILE OF 30^TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, FOR OFFENCES PUNISHABLE UNDER SECTIONS 140(3), 127(2), 351(3), 61(2)(a), AND 115(2) OF THE BHARATIYA NYAYA SANHITA, 2023 REGISTERED BY KUMARASWAMY LAYOUT P.S.

AS PER ANNEXURE-C.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioners are seeking to quash the proceedings arising out of Crime No.73/2025 of Kumaraswamy Layout, Police Station, Bangalore City.

HC-KAR

2. FIR is registered on a complaint lodged by one Mohammad Noor against Jeelan Pasha and two unknown persons for the offence punishable under Section 127(2), 140(3), 351(3) of BNS, 2023.

3. In brief, it is alleged in the complaint that on

26.03.2025 at about 10:30 a.m., the first informant was informed by one Mohammed Saqlain over phone that at about 6:30 a.m., three persons have abducted his son Mohammad Ghouse and at about 12:30 p.m., accused Jeelan Pasha telephoned to him and threatened him with dire consequences etc., saying that if he did not bring one Mustafa, they will commit the murder of his son.

4. From the material on record, it can be seen that a person by name Mohammad Mustafa, a relative of the first informant had cheated many persons by receiving money from them. The allegations are that in that background, the petitioners have abducted the first informant’s son and then threatened him over phone etc.

HC-KAR

5. FIR is registered against accused No.1/petitioner in W.P.No.30217/2025. In the remand application, one Mohammad Ismail has been arraigned as accused No.2. He is the petitioner in W.P.No.32343/2015.

6. Joint applications are filed in both the petitions under Section 528 of BNSS, stating that the parties have amicably settled their differences and decided to close all disputes between them once for all.

7. It is submitted that respondent No.2/defacto, complainant has