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2025 DAILYLAW 11056 (KAR)

MAHAMMAD NAWAB v. THE STATE OF KARNATAKA

CRL.P/200899/2025 · 2025-07-09

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3764 CRL.P No. 200899 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200899 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHAMMAD NAWAB S/O MOHAMMAD FARUQ, AGE:31 YEARS, OCC: DOCTOR, R/O. MADINA NAGAR, BHATKAL, DIST. UTTARKANNADA-581320. …PETITIONER (BY SRI. SABEEL AHMED DARVESHU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI 585103, THROUGH PSI, GANDHI CHOWK POLICE STATION, VIJAYAPUR, TQ. AND DIST. VIJAYAPURA-586101. 2. WAHIDAHAMD KAJI S/O ASHPAQ AHMAD, AGE:29 YEARS, OCC: BUSINESS MAN, R/O. HARIYAL GALLI, TQ. AND DIST. VIJAYAPURA-586101. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. S.S. MAMADAPUR, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3764 CRL.P No. 200899 of 2025 THIS CRL.P IS FILED U/S.482 OF CR.P.C. R/W SECTION 528 OF BNSS (NEW), PRAYING TO I) QUASH IMPUGNED COMPLAINT LODGE BY RESPONDENT NO.2 DATED 18.07.2024 AS PER ANNEXURE-A, REGISTRATION OF THE IMPUGNED FIR IN CRIME NO. 117/2024 BY RESPONDENT NO.1 POLICE AS PER ANNEXURE-B AND CONSEQUENTIAL PROCEEDINGS PENDING IN C.C.NO. 3117/2025 PENDING ON THE FILE OF THE HON’BLE I ADDITIONAL CIVIL JUDGE AND JMFC-I VIJAYAPURA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS, 53, 115(2), 118(1), 351, 352 R/W 3(5) OF BNS 2023 AGAINST THE PETITIONER / ACCUSED NO.4 AS PER ANNEXURE-D. II) GRANT SUCH OTHER RELIEFS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Learned counsel Sri. S.S.Mamadapur, appearing for the respondent No.2 has filed a memo. The said memo reads as under: “MEMO It is humbly submitted that the respondent No.2 has amicably settled the dispute with the petitioner and other accused. In view of the settlement, the 2nd respondent does not want to pursue/prosecute the criminal case in C.C.No.3117/2025 pending on the file of the Hon’ble I Additional Civil Judge and JMFC I, Vijayapura and the same may kindly be quashed.” - 3 - HC-KAR NC: 2025:KHC-K:3764 CRL.P No. 200899 of 2025 2. Placing the memo on record, pending Criminal case needs to be quashed as the de facto complainant unequivocally submit that the matter is amicably settled. 3. Accordingly, the following order: ORDER (i) The petition is allowed; (ii) Placing the memo filed by the respondent No.2 on record, pending criminal case in C.C.No.3117/2025 pending on the file of I Additional Civil Judge & JMFC-I, at Vijayapura, stands quashed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 45 CT:PK