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2026 DAILYLAW 12879 (KAR)

FAHAD RAHMAN SHAIK v. THE STATE OF KARNATAKA

WP/7389/2026 · 2026-03-04

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13419 WP No. 7389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7389 OF 2026 (GM-RES) BETWEEN: FAHAD RAHMAN SHAIK S/O FASEEUR RAHMAN GUNDULUR AGED ABOUT 19 YEARS R/AT FLAT NO. A-22 MJR PLATINA APARTMENTS KUDLU GATE JUNCTION, KUDLU GATE BOMMANAHALLI, BENGALURU – 560 068. …PETITIONER (BY SMT. YUKTHA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GIRINAGAR P.S., BENGALURU CITY REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BENGALURU – 01. 2. ABHINAV AGRAHARAM S/O HEMANTHA KUMAR AGRAHARAM AGED ABOUT 19 YEARS R/AT P2-110, PHASE 2, ODION THE WOODS OF EAST Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13419 WP No. 7389 of 2026 CHOODA SANDRA BENGALURU – 560 035. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI SOMASHEKAR T., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO. 58/2026 DATED 26.02.2026, FOR THE OFFENCES PUNISHABLE UNDER SECTION 115(2), 118(1), 351 (2) AND 352 R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF XXXVII ACJM, BENGALURU VIDE ANNEXURE-A AND B, RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused is before this Court calling in question registration of a crime in Crime No.58/2026, pending before the XXXVII Additional Chief Judicial Magistrate Court, Bengaluru, for the offences under Sections 115(2), 118(1), 351(2), 352 r/w. 3(5) of the BNS, 2023. 2. Learned counsel for the petitioner – accused and respondent No.2 – complainant in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and - 3 - HC-KAR NC: 2026:KHC:13419 WP No. 7389 of 2026 conditions. The parties have filed a compromise petition under Sections 359 r/w. 528 of the BNSS, 2023 and a verifying affidavit before this Court seeking permission to compound the offences. 3. The joint memo reads as follows: “3. Accordingly, the 2nd respondent submits that he has no objection to he quashing of FIR and Complaint in Cr.No. 58/2026 by 1st respondent for the offences punishable under Sections 115 (2), 118 (1), 351 (2), 352 r/w 3 (5) of BNS, 2023, pending on the file of Hon'ble XXXVII ACJM, Bengaluru. 4. It is submitted that in terms of the settlement arrived between the parties, the 2nd respondent has agreed to withdraw the proceedings pending in Cr.No. 58/2026 against the Petitioner herein for the offences punishable under Sections 115 (2), 118 (1), 351 (2), 352 r/w 3 (5) of BNS, 2023 registered by 1st respondent, pending on the file of Hon'ble XXXVII ACJM, Bengaluru arraigning the petitioner as accused. As such the respondent no. 2 has no objection to allow the present petition and quash the proceedings in Cr. No. 58/2026 against the Petitioner herein for the offences punishable under Sections 115 (2), 118 (1), 351 (2), 352 r/w 3 (5) of BNS, 2023 registered by 1st respondent, pending on the file of - 4 - HC-KAR NC: 2026:KHC:13419 WP No. 7389 of 2026 Hon'ble XXXVII ACJM, Bengaluru arraigning the petitioner as accused. 5. The Petitioner and 2nd respondent agree not to initiate any further legal proceedings against each other before any court or authority for the same cause of action. 6. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other either in present, past or future. 7. Both the parties herein further state that there has been no collusion or force, fraud or any undue influence in entering into the settlement on agreement in the aforesaid manner. The parties agree that the present compromise petition is a reflection of their understanding and the terms of the same are finalized after due deliberations, amicably and upon mutual consent. Hence, the terms of the present petition are binding the parties and shall not be challenged by them.” Though the offence alleged against the petitioner in the case at hand inter alia is the one punishable under Section 351(2) of the BNS, which is non-cognizable, since the allegations are not against the State, I deem it appropriate to - 5 - HC-KAR NC: 2026:KHC:13419 WP No. 7389 of 2026 accept the compromise petition filed by the parties and terminate the proceedings against the petitioner. 4. For the aforesaid reasons, I pass the following: ORDER (i) The writ petition is disposed. (ii) The impugned crime in Crime No.58/2026, pending before the XXXVII Additional Chief Judicial Magistrate Court, Bengaluru, stands quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 5 Sl No.: 16