- 1 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10017 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SAHIL @ SUHEB @ CHUBA @ MOHAMMED JAWAD ALAM S/O AHAMED ABBAS JAVEED, AGED ABOUT 29 YEARS ADDRESS AS PER CHARGE SHEET NO 75, 5TH CROSS, 6TH MAIN, 1ST BLOCK JAYANAGAR BANGALORE – 560 041 ALSO:NO.25, 2ND FLOOR, 4TH MAIN NER JAMI MASJID, 2ND CROSS RAMATH NAGAR, RT NAGAR, BENGALURU – 560 032 2. SYED ISMAIL S/O SYED NAYAZ AHMED, AGED ABOUT 28 YEARS, RESIDING AT NO.: 610, 10TH CROSS, RAJEEVA NAGAR, 2ND STAGE MYSORE, KARNATAKA – 570 019 ALSO AT 1204, 1ST STAGE, 1ST CROSS, RAJIV NAGAR MYSORE, KARNATAKA – 570 019 …PETITIONERS (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANDI 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:28498 CRL.P No. 10017 of 2025 2. SHAFEEQ AHMED JAWAD @ JAWAD AHAMED S/O LATE KALEEL AHAMED AGED ABOUT 49 YEARS RESIDING AT 2081, 2ND CROSS, TURABA ALI ROAD, MANDI MOHALLAH MYSORE CITY – 570 001 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., 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 S.C.NO.159/222 (CR.NO.34/219) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143, 147, 12B, 324, 37 R/W 149 OF IPC REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE i.e., MANDI POLICE STATION PENDING ON THE FILE OF THE HON’BLE 7TH ADDL. DISTRICT AND SESSIONS JUDGE, 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 petitioner, the petitioners seek the following relief: “Wherefore, the Petitioners most respectfully prays that, this Hon’ble Court may be pleased to quash the entire proceedings in S.C.No.159/2022 (Crime No.34/2019) for alleged offences punishable under sections U/s 143, 147, 120B, 324, 307 r/w 149 of IPC registered and charged sheeted by the respondent police i.e., Mandi Police station pending on the file of Hon’ble 7th Addl. District and Sessions Judge, Mysuru in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 2. Learned counsel for the petitioners – accused Nos.2 and 7 and learned counsel for 2nd respondent – complainant have filed an application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C) duly filed along with joint affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.2 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) duly filed along with joint affidavit, which reads as under:- “APPLICATION FILED UNDER SECTION 359(2) OF BNSS (OLD PROVISION 320(2) OF CRPC) That the above-named petitioners and Respondent no.2 most humbly submits that: 1. That the above-named respondent no.2 has filed the complaint against the accused persons in Cr.No.34/2019 for the offence punishable U/s 143, 147, 307, 120B, 149 of IPC before the Udayagiri Police station and after the charge sheet the 1st respondent added the name of the present petitioners in C.C.No.518/2020 and the matter is committed to the session court in SC No.159/2022 pending before the 7th Addl. District and - 4 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 Sessions judge, Mysore and after the commencing of the evidence the prosecution has examined PW1 to PW8 till 12.09.2024. 2. But the PW 1 who is the complainant in the present case during his cross examination has not supported the prosecution and PW2 to PW6 is also not supported the prosecution case. That issue between the parties have settled and the complainant wished to settle the matter by way compromise. 3. On 08.07.2025 the Hon’ble 7th Addl. District and Sessions judge, Mysore issued the proclamation against the 1st petitioner due to his absent from the court. Hence the petitioner no.1 not having any other remedy have approached this Hon’ble court for seeking the quash of the entire proceeding basis the settlement. 4. That the above-named accused/petitioners have filed the above criminal petition u/s 482 of CRPC to quash the entire proceeding in SC No.159/2022. 5. That, the Respondent no.2 have no issues with the present petitioners and he has no objections in quashing the entire proceeding in SC No.159/2022 and both the parties willing to report the settlement and seeking the quashing of the entire proceeding as settled. 6. That, the complainant and petitioners have not other claims against each other. - 5 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 7. That the both parties have settled their disputes and matter has been compromised between the parties in the presence of the well-wisher. 8. That the above offences are compoundable with the permission of this Hon’ble Court. 9. 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. Please to quash the entire proceedings in S.C.No.159/2022 (in Crime No.34/2019) for alleged offences punishable under sections 143, 147, 120B, 324, 307 r/w 149 of IPC registered and charged sheeted by the respondent police i.e. Mandi Police Station pending on the file of 7th Add. District and Sessions Judge, Mysuru, in the interest of justice and equity.” JOINT AFFIDAVIT We, 1. Sahil @ Suheb @ Chuva @ Mohammed Jawad Alam S/o Ahamed Abbas Javeed Aged about 29 years Address as per Charge Sheet: No.75, 5th Cross, 6th - 6 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 Main, 1st block Jayanagar Bangalore – 560 041 also at No.25, 2nd Floor, 4th Main Ner jami Masjid, 2nd cross, Ramath nagar, RT Nagar, Bengaluru – 560 032. 2. Syed Ismail S/o Syed Nayaz Ahmed Aged about 28 years, Residing at: No.610, 10th Cross, Rajeeva Nagar, 2nd stage, Mysore, Karnataka – 570 019 Also at 1204, 1st stage, 1st cross, Rajiv Nagar Mysore, Karnataka – 570 019. AND Shafeeq Ahmed Jawad @ Jawad Ahamed S/o Late Kaleel Ahamed, aged about 49 years Residing at: 2081, 2nd cross, Turaba Ali Road Mandi Mohalla Mysore City – 570 001, today at Bangalore. do hereby solemnly affirm and state on oath as follow. 1. We Sahil @ Suheb @ Chuva @ Mohammed Jawad Alam and Syed Ismail are the accused/petitioners in the above case and we are fully conversant with the facts of the case and we are swearing to this affidavit. 2. I Shafeeq Ahmed Jawad @ Jawad Ahamed 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 all submit that, we have filed an application u/s 359(2) of BNSS to compound the offences in the above criminal petition. - 7 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 4. That, I Shafeeq Ahmed Jawad @ Jawad Ahamed Respondent No.2 have no disputes with the present petitioners and the present petitioners have nothing to do with the alleged incident. 5. That, I Shafeeq Ahmed Jawad @ Jawad Ahamed Respondent no.2 have no issues with the present petitioners and I have no objections in quashing the entire proceeding in SC No.159/2022 against the present petitioners and we both the parties willing to report the settlement and seeking the quashing of the entire proceeding as settled. 6. That, the complainant and petitioners have no other claims against each other. 7. That the we both parties have settled our disputes and matter has been compromised between us in the present of the well-wisher. 8. That the above offences are compoundable with the permission of this Hon’ble court. 9. That, this Hon’ble court have jurisdiction u/s 528 of BNSS to quash the entire proceeding basis settlement between the parties. 10. 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. - 8 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 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 quash the entire proceedings in S.C.No.159/2022 (in Crime No.34/2019) for alleged offences punishable under sections 143, 147, 120B, 324, 307 r/w 149 of IPC registered and charged sheeted by the respondent police i.e. Mandi Police Station pending on the file of 7th Add. District and Sessions Judge, 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 an application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C) duly filed along with Joint Affidavit dated 23.07.2025. (ii) The proceedings in S.C.No.159/2022 (arising out of Crime No.34/2019 of 1st respondent – Police) registered for the offences punishable - 9 - HC-KAR NC: 2025:KHC:28498 CRL.P No. 10017 of 2025 under Sections 143, 147, 120B, 324, 307 read with Section 149 of IPC pending on the file of 7th Additional District and Sessions Judge, Mysuru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 12 Sl No.: 1