- 1 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10187 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED SAHIL ALIAS MOHAMMED JAWAD ALAM S/O AHMED ABBAS JAVEED ALIAS AHAMED, AGED ABOUT 28 YEARS RESIDING AT NO 24, 2ND CROSS, 4TH MAIN, REHAMATH NAGAR RT NAGAR BANGALORE – 560 032 ALSO AT NO. 25, 2ND FLOOR, 4TH MAIN, NEAR JAMIA MASJID, 2ND CROSS RAHMATHNAGAR RT NAGAR BANGALORE - 560 032. 2. MOHAMMED ULLA BAIG ALIAS MAHMOOD ULLA BAIG S/O LATE WAHAB BAIG, AGED ABOUT 48 YEARS, RESIDENT OF NO 2448/1A, EREKATTE STREETS, WEST CROSS, ASHOKA ROAD, LASHKAR MOHALLA MYSORE CITY – 570 001 …PETITIONERS (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION, REP. BY HCGP HIGH COURT OF KARNATAKA HIGH COURT COMPLEX BANGALORE - 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 2. ARFATH ULLA BEIG S/O RAHMATH ULLA BEIG AGED ABOUT 35 YEARS RESIDING AT NO. 48, HANUMANTHA NAGARA MAIN ROAD NEAR SALAFI MOSQUE BANNIMANTAPA MYSORE CITY – 570 015 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. IMRAN G., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1336/2025 (CR.NO.188/2021) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 109, 120b, 384, 386, 387, 201 OF IPC REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE i.e., NARASIMHARAJA P.S PENDING ON THE FILE OF THE HON’BLE III ADDL. CIVIL JUDGE AND J.M.F.C MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “WHEREFORE, the Petitioners most respectfully prays that, this Hon'ble Court may be pleased to quash the entire proceedings in CC No 1336/2025 (Crime No 188/2021) for alleged offences punishable under Sections 109, 120b, 384, 386, 387, 201 of IPC registered and charged sheeted by the respondent police i;e Narasimharaja police station pending on the file of Hon'ble 3rd Additional Civil Judge and JMFC, Mysuru, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 2. Learned counsel for the petitioners – accused Nos.1 and 7 have filed an application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C.) along with Joint Affidavit, duly signed by the petitioners-accused Nos.1 and 7, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 and 7, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C.) along with Joint Affidavit, which reads as under:- “APPLICATION FILED UNDER SECTION UNDER SECTION 359 (2) OF BNSS (OLD PROVISION 320(2) OF CRPC That the above-named petitioners and Respondent No. 2 most humble submits that: 1. That the above-named respondent no 2 has filed the complaint against the above-named petitioners in CC No 1336/2025 (Cr No 188/2021) for the offence's 109, 120b, 384, 386, 387, 201 of IPC, pending on the file of the Hon'ble III Addl Civil Judge & JMFC Mysuru of the respondent i.e., Narasimharaja Police Station. - 4 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 2. That the above-named accused/petitioners have filed the above criminal petition u/s 528 of BNSS to quash the entire proceeding in CC 1336/2025. 3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them. 4. That, the respondent no 2 have no objections for the quashing of the entire proceeding in in CC No 1336/2025. 5. That, the complainant and petitioners have no other claims against each other. 6. That the above offences are compoundable with the permission of this Hon'ble court. 7. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire proceeding basis settlement between the parties. PRAYER Wherefore it is most respectfully prayed that this Hon'ble may please to: 1. Allow application filed u/s 359 (2) OF BNSS and permit the parties compound the offences. 2. Pleased to entire quash the entire proceeding in CC No 1336/2025 (Cr No 188/2021) for the offence's 109, 120b, 384, 386, 387, 201 of IPC, registered by the - 5 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 respondent police Narasimharaja Police Station, pending on the file of the III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity. JOINT AFFIDVAIT We, MOHAMMED SAHIL @ MOHAMMED JAWAD ALAM S/o Ahmed Abbas Javeed @ Ahamed, Aged about 28 years Residing at: No 24, 2nd Cross, 4th main, Rehamath nagar RT Nagar Bangalore-560032 Also at No 25, 2nd Floor, 4th main, Near Jamia Masjid 2nd cross Rahmathnagar RT Nagar Bangalore 560032 and Arfath Ulla Beig S/o Rahmath Ulla beig Aged about 35 years Residing at: No 48, Hanumantha Nagara Main Road Near Salafi Mosque Bannimantapa Mysore City- 570015 do hereby solemnly affirm and state on oath as follow. 1. I MOHAMMED SAHIL @ MOHAMMED JAWAD ALAM, accused/petitioner no1 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of accused petitioner no 2 also. 2. I Arfath Ulla Beig I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit. 3. We submit that, we have filed an application u/s 359 (2) OF BNSS to compound the offences in the above criminal petition. 4. That, the disputes between us have been resolved and we have decided to settle the matter between them. - 6 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 5. That, the complainant and petitioners have no other claims against each other. 6. That the we both parties have settled our disputes and matter has been compromised between us in the presence of the well-wisher. 7. That the above offences are compoundable with the permission of this Hon'ble court. 8. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire FIR basis settlement between the parties. 9. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the best of my knowledge, information and belief. Wherefore it is most respectfully prayed that this Hon'ble may please to: A. Allow application filed u/s 359 (2) OF BNSS and permit the parties compound the offences. B. Pleased to entire quash the entire proceeding in CC No 1336/2025 (Cr No 188/2021) for the offence's 109, 120b, 384, 386, 387, 201 of IPC, registered by the respondent police Narasimharaja Police Station, pending on - 7 - HC-KAR NC: 2025:KHC:26946 CRL.P No. 10187 of 2025 the file of the III Addl Civil Judge & JMFC Mysuru 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 application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C.) along with Joint Affidavit dated 17.07.2025. (ii) The proceedings in C.C.No.1336/2025 (arising out of Crime No.188/2021 of 1st respondent – Police) registered for the offences punishable under Sections 109, 120b, 384, 386, 387 and 201 of IPC pending on the file of III Additional Civil Judge and JMFC Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 3