MR. ADIL ALIAS ADILASHA S/O ISAQ MAKANDAR v. THE STATE OF KARNATAKA
CRL.P/104941/2025 · 2025-12-08
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84538 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84538 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17494 CRL.P No. 104941 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104941 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
1. MR. ADIL @ ADILASHA S/O. ISAQ MAKANDAR, AGE. 30 YEARS, R/O. BHUSA GALLI, CHARANTIMATH GARDEN, DHARWAD-580001. 2. MR. SHABAZ KHAN @ SHABAZ S/O. AYUB KHAN SHILLEDAR, AGE. 29 YEARS, R/O. KSRTC DEPOT ROAD, VIDIYARANAYA SCHOOL, NIZAMUDDIN COLONY 1ST CROSS, DHARWAD-580001. 3. MR. ARBAAZ KHAN S/O. AYUB KHAN SHILLEDAR, AGE. 31 YEARS, R/O. KSRTC DEPOT ROAD, VIDIYARANAYA SCHOOL, NIZAMUDDIN COLONY 1ST CROSS, DHARWAD-580001. 4. MR. MAAZ AHMED KHAN S/O. KHALEEL AHMED KHAN @ KHALEEL AHMED PATHAN, AGE. 31 YEARS, R/O. #32/2, AKKISALIGAR ONI, PATHAN GALLI, OLD HUBLI, HUBLI, DIST. DHARWAD-580024. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:17494 CRL.P No. 104941 of 2025
5. MR. AZAM S/O. ISAQ AHMED MAKANDAR, AGE. 32 YEARS, R/O. BHUSA GALLI, DHARWAD-580001. …PETITIONERS
(BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, THROUGH GANTIKERI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. MR. SAIYAM S/O. IRSHAD BASARI @ BILEPASAR, AGE. 23 YEARS, R/O. MAKANDAR GALLI, 2ND CROSS, BANDIWAD BASE, HUBLI-580020, NOW AT: NAVA AYOUDHA NAGAR, AMBEDKAR COLONY, HUBLI, DHARWAD-580021. …RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. HANUMESH M.DESAI, ADVOCATE FOR R2 (VK FILED))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST PETITIONER IN SC NO.5061/2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 115(2), 189(2), 191(2), 191(3) R/W 190 OF BNS, 2023 PENDING ON THE FILE OF V ADDL. DISTRICT COURT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI (GANTIKERI PS CRIME NO.37/2024) IN SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.1 TO 5 ARE CONCERNED AND ETC.,. - 3 -
HC-KAR NC: 2025:KHC-D:17494 CRL.P No. 104941 of 2025
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. The learned counsel for the petitioners has filed application under Section 528 r/w. Section 359 of Bharatiya Nagarika Suraksha Sanhita, 2023 along with the affidavit of petitioner No.1 and respondent No.2-complainant stating that, the matter has been settled between the parties. 2.
The averments of the affidavit of respondent No.2-complainant accompanying the application are as follows:
“3. I state that, upon the intervention of elders & well wishers the dispute amongst the Petitioners and the Respondent No.2 has been resolved. I further state that, the Petitioners and the Respondent No. 2 have agreed to not hold any grudge or animosity against each other. - 4 -
HC-KAR NC: 2025:KHC-D:17494 CRL.P No. 104941 of 2025
4. I state that, the Petitioners and the Respondent No.2 have mutually agreed to resolve the dispute amongst themselves and have resolved to live a happy and peaceful life. Hence in view of the development taken place after the registration of the crime, Respondent No.2 intends to close this matter once and for all. 5. I state that, I have no objection to quash and compound the case filed against the Petitioners in SC No. 5061/2025 registered for the offence punishable under section 109, 115(2), 189(2), 191(2), 191(3) R/w 190 of BNS Act, 2023 pending on the file of Hon'ble V Addl District Court and Sessions Judge, Dharwad Sitting at Hubballi (Gantigeri PS Crime No. 37/2024).”
3. Having considered the averments made in the affidavits accompanying the application, it is appropriate to record the compromise as prayed for. 4. Accordingly, I proceed to pass the following:
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HC-KAR NC: 2025:KHC-D:17494 CRL.P No. 104941 of 2025
ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in Crime No.37/2024 of respondent No.1/Police are hereby quashed. iii) In view of the disposal of the petition, pending I.As, if any, are disposed off. Sd/- (S.RACHAIAH) JUDGE
PJ/CT: UMD List No.: 4 Sl No.: 5