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2026 DAILYLAW 14148 (KAR)

MOHAMMED JANISAR ALAM v. STATE BY S J PARK PS.,

CRL.P/2500/2026 · 2026-04-17

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21312 CRL.P No. 2500 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2500 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MOHAMMED JANISAR ALAM, S/O MASROOR ALAM, AGED ABOUT 22 YEARS, RESIDING AT GIRDA PANCHAYATH, PURNIA, BIHAR – 854 330. 2. ABU BAKAR, S/O ABDUL RAHIM, AGED ABOUT 20 YEARS, RESIDING AT GIRDA BOCHGAON, BOCHGAON, PURNIA, BANGALORE – 854 330. …PETITIONERS (BY SRI. AMEENULLA N.K., ADVOCATE) AND: 1. STATE BY S J PARK P S., REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. 2. SYED ILLYAS, S/O SYED RAFEEQ, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21312 CRL.P No. 2500 of 2026 AGED ABOUT 30 YEARS, RESIDING AT NO.168, 9TH MAIN ROAD, 10TH CROSS, ARFATH NAGARA, PADARAYANAPURA WEST, BANGALORE. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. V. VINOD REDDY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR, COMPLAINT AND PROCEEDINGS IN CR.NO.163/2024, FOR THE OFFENCE PUNISHABLE U/S 305(a) OF IPC, AGAINST UNKNOWN PERSONS PENDING ON THE FILE OF 6TH ACJM, AT BANGALORE. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the registration of a crime in Crime No.163/2024 for an offence punishable under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri. Ameenulla N.K., learned counsel appearing for the petitioners, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1, Sri. V. Vinod Reddy, - 3 - HC-KAR NC: 2026:KHC:21312 CRL.P No. 2500 of 2026 learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed the joint affidavit. The joint affidavit so filed reads as follows: “JOINT AFFIDAVIT 1. We, Mohammed Janisar Alam, S/o Masroor Alam, Aged About 22 Years, Residing At Girda Panchayath Purnia, Bihar-854330, now at Bangalore. Petitioner no.1 2. Abu Bakar, S/O Abdul Rahim, Aged About 20 Years, Residing At Girda Bochgaon, Bochgaon, , Purnia-854330, now at Bangalore. Petitioner no.2 3. Syed Illyas, S/O Syed Rafeeq, Aged About 30 Years, Residing At No. 168, 9th Main Road, 10th Cross, Arfath Nagara, Padarayanapura West, Bangalore. Respondent No.2 herein. 4. We state that, we are the Petitioners and Respondent No.2 in the above case and we know the facts and circumstances of the case. Hence, we are swearing to this Affidavit. 5. We state that, the Criminal case has been filed by Respondent No.2 in Cr.No.163/2024 for the offences punishable U/s 305(a) of IPC, against Unknown persons pending on the file of 6th Addl Chief Judicial Magistrate, at Bangalore. 6. The Petitioners submits that, a notice was issued to them by the jurisdictional police. - 4 - HC-KAR NC: 2026:KHC:21312 CRL.P No. 2500 of 2026 7. We submit that, the dispute which took place between us have been settled by the well-wishers, Elderly members and family members and now we have amicably settled the dispute and to put an end to this litigation we have approached this Hon'ble Court for the quashing of the proceedings. 8. The settlement has been taken place between private parties and has no impact against the public at large, hence this Hon'ble Court be pleased to interfere and quash the proceedings filed against the Petitioners. 9. We submit that, the continuation of the cases against the Petitioners is nothing but abuse process of law and hence this Hon'ble Court may be pleased to inherent power under Section 482 of Cr.P.C/528 of BNSS. It is submitted that with the intervention of the elderly members the petitioners and the complainant have settled this matter themselves. And as per the Judgement of Gian Sing V/s State of Punjab it is between the private parties they have resolved the issue by themselves and has settled the matter. Wherefore, we humbly prays that this Hon'ble Court be pleased to quash the proceedings in Cr.No.163/2024 for the offences punishable U/s 305(a) of IPC, against Unknown persons pending on the file of 6th Addl Chief Judicial Magistrate, at Bangalore in the interest of justice and equity. We, the Deponents, herein to declare that this is our names and signatures and the contents of this affidavit, stated above, are true and correct to the best of our knowledge, information and belief." 4. The parties to the lis are present before the Court and are identified by their respective counsel. - 5 - HC-KAR NC: 2026:KHC:21312 CRL.P No. 2500 of 2026 5. In the light of the joint affidavit being filed and offences not being against the State, I deem it appropriate to accept the joint affidavit and terminate the proceedings against these petitioners in the subject petition. 6. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in Crime No.163/2024 pending before the VI Additional Chief Judicial Magistrate, Bangalore, stand quashed qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 192