Syed Abdulla, S/O Syed Abdul Razak v. State Of Karnataka By Mudigere Police Station
2025-11-20
MOHAMMAD NAWAZ
body2025
DigiLaw.ai
ORDER : Mohammad Nawaz, J. These three petitions arise out of Cr.No.145/2025 of Mudigere police station, Chikmagaluru. Hence, taken up together and disposed of by this common order. 2. On a complaint lodged by one Smt. Sameera Kouser wife of Naseer Husen, Cr.No.145/2025 was registered by Mudigere Police Station, Chikmagagaluru against two named accused for the offence punishable under Section 140(2) of BNS, 2023. 3. It is alleged that the accused kidnapped the complainant's husband Nasir Husen on 03.09.2025 and demanded ransom for his release. 4. The victim returned to the house on 09.09.2025. In the course of investigation, accused Nos. 2 and 3 were arrested. In the remand application, the names of four accused are mentioned. The investigation is in progress. The above petitions are filed seeking to quash the entire proceedings now pending against the accused. 5. The Crl. P. No. 15002/2025 is preferred by accused No.1, Crl. P. No. 15888/2025 is by accused Nos. 2 and 3 and Crl. P.No.15892/2025 is by accused No.4, respectively. 6. A joint memo is filed signed by the defacto complainant and the petitioners in Crl.P.Nos.15002/2025 and 15892/2025, signed by the learned counsel appearing for the respective parties. The joint memo is supported by the affidavit of the petitioners, the defacto complainant and the victim. 7. Relevant paragraphs of the joint memo and the affidavits are as follows: JOINT MEMO “6. That the Respondent No. 2 was in Mudigere and not in Bengaluru, when she received a call from the Respondent No.3, her husband, for arranging the money, she misconstrued the same to be a ransom call. The Respondent No. 2 was in touch with her husband, the Respondent no.3 through phone calls and thereafter proceeded to lodge an FIR on 06.09.2025 before P.S. Mudigere under Section 140(2) of BNS, 2023. 7. That Respondent No 3 Naseer was never abducted and was residing in Bangalore for his own work as per his wish. That Accused No.2 and 3 were arrested by the local police in the matter. 8. The Respondent No 2 & 3 have amicably resolved the disputes with all the accused persons involved in the pending criminal case/investigation in Crime No.145/2025. Hence, they do not intend to further prosecute the Petitioner also. They have signed a settlement deed in this regard.
That Accused No.2 and 3 were arrested by the local police in the matter. 8. The Respondent No 2 & 3 have amicably resolved the disputes with all the accused persons involved in the pending criminal case/investigation in Crime No.145/2025. Hence, they do not intend to further prosecute the Petitioner also. They have signed a settlement deed in this regard. Under the above circumstances, the Petitioner and the Respondent No 2 & 3 may be permitted to compound the above case. In the light of the above facts, both the Petitioner and Respondent No.2 have approached this Hon'ble Court for quashing of FIR Crime No. 145 of 2025 lodged before P.S. Mudigere, and consequential proceedings.” AFFIDAVIT BY THE PETITIONER No 1 "6. I state that the Respondent No.2 was in Mudigere and not in Bengaluru, when she received a call from her husband for arranging the money, she misconstrued the same to be a ransom call. She was in touch with her husband through phone calls and thereafter proceeded to lodge an FIR on 06.09.2025 before P.S. Mudigere under Section 140(2) of BNS, 2023. 7. I state that Respondent No.2's husband was never abducted and he was residing in Bangalore for his own work as per his wish. That I was arrested by the local police in the matter. 8. I state that we have amicably resolved the dispute involved in the pending criminal case/investigation in Crime No.145/2025. Hence, Respondent No.2 does not intend to further prosecute the case against me. Under the above circumstances, the Respondent No.2 and I may be permitted to compound the above case. 9. I state that we have now cleared the misunderstanding, and have settled the dispute between us and have realized that the FIR was lodged under misunderstanding of facts by the Respondent No.2, because she was in a different city and misconstrued the whole issue. The Respondent No.2 has also signed a settlement deed in this regard. In the light of the above facts, I have approached this Hon'ble Court for quashing of FIR Crime No. 145 of 2025 lodged before P.S. Mudigere, and consequential proceedings. 10. I state that I am filing this Affidavit without any coercion and in view of the memorandum of settlement between me and Respondent No.2.
In the light of the above facts, I have approached this Hon'ble Court for quashing of FIR Crime No. 145 of 2025 lodged before P.S. Mudigere, and consequential proceedings. 10. I state that I am filing this Affidavit without any coercion and in view of the memorandum of settlement between me and Respondent No.2. The Respondent No2 and Respondent No 3 have no objection for quashing of the criminal proceedings in Crime No.145/2025 for offences punishable under section 140(2) of BNS, 2023 against me, in view of the memorandum of settlement. I swear that this is my true name and signature and whatever stated above are true and correct to the best of my knowledge, information and belief.” AFFIDAVIT BY THE 2 nd RESPONDENT/ORIGINAL COMPLAINANT "I, Sameera Kouser, W/o. Naseer Husen, aged about 30 years, R/at. Sushanth Nagar, Mudigere Town and Taluk, Chikkamagaluru 577 550, today at Bengaluru, do hereby solemnly affirm on oath and state as follows: 1. I state that I am the 2nd Respondent Complainant in the above case. I know the facts and circumstances of the case. Hence, I am swearing to this affidavit. 2. I state that I have filed a complaint leading to registration of Crime No.145/2025 by the Mudigere Police under section 140 (2) of the BNS, 2023 against the Petitioner No 1 & 2 herein and 2 others. It is submitted that the Accused No 1 is a real estate broker who came in touch with my husband Naseer i.e.Respondent No 3 with respect to a certain real estate transaction for a piece of land located at Sy. No. 79/1 situated at Hampapura Village, Kasaba Hobli, Chikmagaluru. The Accused No 1 and my husband had a communication with respect to the land in the month of August 2025. At the request of one Yunus, partner of my husband and my husband, the Accused No 1 had handed over the advance amount for the purchase of land. 3. I state that Accused No 1 paid advance amount to Yunus and my husband, and waited for the transaction to fructify. However, even after waiting for several days, no response came either from my husband or Yunus. 4. I state that my husband was visiting Bengaluru for some business purpose and for attending celebration of Miad-ud-Nabi between 03.09.2025 and 06.09.2025, and booked hotel for the purpose. 5.
However, even after waiting for several days, no response came either from my husband or Yunus. 4. I state that my husband was visiting Bengaluru for some business purpose and for attending celebration of Miad-ud-Nabi between 03.09.2025 and 06.09.2025, and booked hotel for the purpose. 5. I state that, I was in Mudigere and not in Bengaluru, when I received a call from my husband for arranging the money, I misconstrued the same to be a ransom call. I was in touch with my husband through phone calls and thereafter proceeded to lodge an FIR on 06.09.2025 before P.S. Mudigere under Section 140(2) of BNS,2023. 6. I state that my husband was never abducted and was residing in Bangalore for his own work as per his wish. That two other persons i.e. Accused No. 2 & 3 Petitioners herein were arrested by the local police in the matter. 7. I state that I have amicably resolved the dispute involved in the pending criminal case/investigation in Crime No. 145/2025. Hence, I do not intend to further prosecute the Petitioner. Under the above circumstances, the Petitioner and I may be permitted to compound the above case. 8. I state that, we have now cleared the misunderstanding, and have settled the dispute between us and have realized that the FIR was lodged under misunderstanding of facts by me, because I was in a different city and misconstrued the whole issue. I have also signed a settlement deed in this regard. In the light of the above facts, the Petitioners has approached this Hon'ble Court for quashing of FIR Crime No. 145 of 2025 lodged before P.S. Mudigere, and consequential proceedings. 9. I state I am filing this Affidavit without any coercion and in view of the memorandum of settlement between petitioners and me, I have no objection for quashing of the criminal proceedings in Crime No.145/2025 for offences punishable under section 140(2) of BNS, 2023 against the Petitioner, in view of the memorandum of settlement. I swear that this is my true name and signature and whatever knowledge, information and belief.” AFFIDAVIT BY THE 3 rd RESPONDENT/ALLEGED VICTIM "I, Naseer Hussain, aged about years, R/at. Sushanth Nagar, Mudigere Town and Taluk, Chikkamagaluru 577 550, today at Bengaluru, do hereby solemnly affirm on oath and state as follows: 1.
I swear that this is my true name and signature and whatever knowledge, information and belief.” AFFIDAVIT BY THE 3 rd RESPONDENT/ALLEGED VICTIM "I, Naseer Hussain, aged about years, R/at. Sushanth Nagar, Mudigere Town and Taluk, Chikkamagaluru 577 550, today at Bengaluru, do hereby solemnly affirm on oath and state as follows: 1. I state that I am the 3 rd Respondent and alleged Victim in the above case. I know the facts and circumstances of the case. Hence, I am swearing to this affidavit. 2. I state that my wife had filed a complaint leading to registration of Crime No.145/2025 by the Mudigere Police under section 140 (2) of the BNS, 2023 against the Petitioner No 1 & 2 herein and 2 others. It is submitted that Syed Abdulla is a real estate broker who came in touch with me with respect to a certain real estate transaction for a piece of land located at Sy. No. 79/1 situated at Hampapura Village, Kasaba Hobli, Chikmagaluru. I am with the Accused No 1 had a communication with respect to the land in the month of August 2025. At the request of one Yunus, who is my partner, the Accused No 1 had handed over us the advance amount for the purchase of land. 3. I state that Accused No 1 paid advance amount to me and one Yunus, and waited for the transaction to fructify. However, even after waiting for several days, no response came either from me or Yunus. 4. I state that I was visiting Bengaluru for business purpose and for attending celebration of Miad-ud- Nabi between 03.09.2025 and 06.09.2025, and booked hotels for the purpose wherein I met with the Accused No 1 and the Petitioners herein. The Accused No 1 inquired about the transaction and sought return of the advanced money paid to me and Yunus for the real estate transaction. 5. I state that, I informed the Accused No 1 that Yunus has taken the money and he has been not traceable. However, for the sake of reputation, I agreed to return the money to the Accused No 1 as Yunus was partner in the transaction. I request for some time to arrange the money and for such reason, I made calls to my wife i.e Respondent No 2 herein, and my brothers to arrange money. 6.
However, for the sake of reputation, I agreed to return the money to the Accused No 1 as Yunus was partner in the transaction. I request for some time to arrange the money and for such reason, I made calls to my wife i.e Respondent No 2 herein, and my brothers to arrange money. 6. I state that, I was in Bengaluru not in Mudigere when I calledmy wife for arranging the money, Shemisconstrued the same to be a ransom call. I was in touch with my wife and family through phone calls. 7. I state that I was never abducted and was residing in Bangalore for my own work. That two other persons i.e. Accused No. 2 & 3 Petitioners herein were arrested by the local police in the matter. 8. I state that I have amicably resolved the dispute involved in the criminal in Crime case/investigation pending No.145/2025. Hence, I do not intend to further prosecute the Petitioner. Under the above circumstances, the Petitioner and I may be permitted to compound the above case. 9. I state that, we have now cleared the misunderstanding, and have settled the dispute between us and have realized that the FIR was lodged under misunderstanding of facts by my wife, because I was in a different city and misconstrued the whole issue. I have also signed a settlement deed in this regard. In the light of the above facts, the Petitioners has approached this Hon'ble Court for quashing of FIR Crime No. 145 of 2025 lodged before P.S. Mudigere, and consequential proceedings. 10. I state I am filing this Affidavit without any coercion and in view of the memorandum of settlement between petitioners and me, I have no objection for quashing of the criminal proceedings in Crime No.145/2025 for offences punishable under section 140(2) of BNS, 2023 against the Petitioner, in view of the memorandum of settlement. I swear that this is my true name and signature and whatever stated above are true and correct to the best of my knowledge, information and belief.” 8. In Crl.P.No.15888/2025, it is submitted that the petitioners are in judicial custody. An application is filed by the petitioners along with the affidavit. The same is certified by the Superintendent, District Prison, Chikmagaluru. 9. It is stated by the respective parties that the registration of FIR was due to mis-understanding. Now, the parties have settled the dispute.
In Crl.P.No.15888/2025, it is submitted that the petitioners are in judicial custody. An application is filed by the petitioners along with the affidavit. The same is certified by the Superintendent, District Prison, Chikmagaluru. 9. It is stated by the respective parties that the registration of FIR was due to mis-understanding. Now, the parties have settled the dispute. It is also stated that the complainant's husband was never abducted, on the other hand, he was residing in Bangalore. 10. The victim namely Nasir Husen is also present before the Court. He submits that the matter has been settled and therefore, he does not wish to pursue the proceedings further. 11. The defacto complainant, present before the Court submits that the FIR was registered due to misunderstanding and in view of the settlement, she is not interested in proceeding with the matter any further and she has no objection to quash the proceedings. 12. The victim has filed an affidavit stating that he has amicably resolved the dispute and he does not intend to further prosecute the petitioners. 13. In the case of B.S.Joshi and others V. State of Haryana and another reported in (2003) 4 SCC 675 the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and the compromise is entered between the parties. 14. In the light of the affidavit filed by the respective parties to the proceedings and as it is submitted that the FIR was registered due to misunderstanding and as the complainant and the victim have filed their respective affidavits intending to close the proceedings as they are not interested to proceed with the case any further, no purpose will be served in continuing the proceedings against the petitioners. Hence, it is expedient in the interest of justice to quash the proceedings, exercising the inherent jurisdiction. Accordingly, the following:- ORDER i. The petitions are allowed. ii. The entire proceedings arising out of Cr.No.145/2025 registered by Mudigere Police Station against accused No.1 in Crl.P.No.15002/2025, accused No.4 in Crl.P.No.15892/2025 and accused Nos. 2 and 3 in Crl.P.No.15888/2025 pending before the Prl. Civil and JMFC (Jr.Dn.) Mudigere, for the offence punishable under Section 140(2) of BNS, 2023 are hereby quashed. iii. Accused Nos.
ii. The entire proceedings arising out of Cr.No.145/2025 registered by Mudigere Police Station against accused No.1 in Crl.P.No.15002/2025, accused No.4 in Crl.P.No.15892/2025 and accused Nos. 2 and 3 in Crl.P.No.15888/2025 pending before the Prl. Civil and JMFC (Jr.Dn.) Mudigere, for the offence punishable under Section 140(2) of BNS, 2023 are hereby quashed. iii. Accused Nos. 2 and 3 in Crl.P.No.15888/2025 who are in judicial custody shall be released forthwith, if not required in any other case. Pending I.A's in Crl.P.No.15002/2025 are disposed of.