- 1 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4370 OF 2026 (482(Cr.PC)/528(BNSS) BETWEEN: MUBARAK ZAMEER S/O FAIROZ KHAN AGE ABOUT 38 YEARS ADDRESS AS PER THE CHARGE SHEET NO. 97, 6TH C CROSS, 5TH MAIN, NEAR BILAL MASJID ROAD, GURUPPANPALYA, BANGALORE – 560 029 ADDRESS AS PER THE AADHAR CARD NO.22, 6TH C CROSS, BEHIND IBM, NEW GURUPPANPALYA, BANGALORE SOUTH BANGALORE, KARNATAKA – 560 029 …PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX BENGALURU – 560 001 2. NADEEM ULLAH S/O LATE SANAULLAH AGE ABOUT 35 YEARS RESIDING AT NO.9, 2ND CROSS AJ BLOCK, N. R. MOHALLA, MYSORE CITY – 570 007 …RESPONDENTS (BY SRI. DIVAKAR MADDUR, HCGP FOR R1; SRI. IMRAN G., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.21/2022 (CRIME NO.213/2021) FOR ALLEGED OFFENCES P/U/S 365, 323, 324, 341, 342, 506 R/W 34 OF IPC REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE IE., NARASIMHARAJ POLICE STATION PENDING ON THE FILE OF THE HONBLE III ADDL.CIVIL JUDGE AND JMFC MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing the proceedings in C.C.No.21/2022 arising out of FIR in Crime No.213/2021 registered by the respondent No.1- Police Station, Bengaluru, pending on the file of III Additional Civil Judge and JMFC, Mysuru, for the offences punishable under Sections 365, 323, 324, 341, 342, 506 read with Section 34 of IPC. 2. Heard learned counsel for the petitioner, learned HCGP for the respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner– Mubarak Zameer, was arraigned as accused No.4 along with 4 others, who were arraigned as accused Nos.1 to 3 and 5 in the charge sheet in C.C.No.21/2022 pursuant to FIR in Crime - 3 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 No.213/2021. The offences alleged against the petitioner and other accused are under Sections 365, 323, 324, 341, 342, 506 read with Section 34 of IPC. 4. In this context, learned counsel for the petitioner invited my attention to the order dated 17.07.2025 passed in Crl.P.No.10197/2025 as against accused Nos.1 to 3 in order to point out that in view of the quashment of the aforesaid offences against accused Nos.1 to 3, the petitioner, who is accused No.4, would be entitled to seek parity. 5. This Court in the case of Mohammed Sahil and Ors Vs. State of Karnataka and Anr. – Crl.P.No.10197/2025 dated 17.07.2025, quashed the criminal proceedings qua accused Nos.1 to 3 in C.C.No.21/2022 and held as under: “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 C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506 R/w 34 of IPC registered and charged sheeted by the respondent police i.e., Narasimharaja Police Station pending on the file of Hon'ble III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 2. Learned counsel for the petitioners – accused Nos.1 to 3 has 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, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 3, 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 UNDER SECTION 359 (2) OF BNSS (OLD PROVISION 320(2) OF CR.P.C 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 Cr No 213/2021 same is pending in C.C. No.21/2022 for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34, pending on the file of the Hon'ble III Addl Civil Judge & JMFC Mysuru of the respondent i.e., Narasimharaja Police Station and currently matter is pending for the framing of charges. 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 21/2022. 3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them. 4. That, Respondent no 2 have no objections for the quashing of the entire proceeding in CC No 21/2022. 5. That, the complainant and petitioners have no other claims against each other. - 5 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 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: 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 quash the entire proceedings in C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34 of IPC registered and charged sheeted by the respondent police ite Narasimharaja Police station pending on the file of Hon'ble III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity. JOINT AFFIDAVIT We, 1. Mohammed Sahil @ Suhel @ Chuva @ Suheb @ Mohammed Jawad Alam S/o Ahmed Abbas Javeed @ Ahamed, aged about 28 years Residing at : No 25, 7th cross, Thimmalah Garden RT Nagar Bangalore - 560032 Also at No 25, 2nd Floor, 4th main, Near Jamia Masjid 2nd cross Rahmath nagar RT Nagar Bangalore - 560032 2. Mohammed Ulla Baig @ Nayer @ Mahmood Ulla Baig S/o Late Wahab Baig, Aged about 48 years, Resident of; No 2458/1A, Erekatte Streets, 22nd west Cross, Ashoka Road, Lashkar Mohalla Mysore City 570001 3. Tabreez Pasha @ Tarjan S/o Late Afsar Pasha Aged about 27 years, No 36, 3rd cross, ilyaz nagar, Banashankari Layout Bangalore 560078 Also, No 36, G Cross Bismillah Nagar, Bangalore South Taverekere, Bangalore -560029 And - 6 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 Nadeem Ullah S/o Late SanaullahAged about 35 years Residing at: No 09, 2nd Cross AJ Block, NR Mohallah Mysore City- 570007 do hereby solemnly affirm and state on oath as follow. 1. I Mohammed Sahil @ Suhel @ Chuva @ Suheb @ Mohammed Jawad Alam, Mohammed Ulla Baig @ Nayer @ Mahmood Ulla Baig and Tabreez Pasha @ Tarjan petitioner no1 to 3 in the above case and we are fully conversant with the facts of the case and we are swearing to this affidavit. 2. I Nadeem Ullah 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 compound the offences in the above criminal petition. 4. That, the above mater is pending for the framing of the charges and same will take more time for the closure of the proceeding at the Trial Court. 5. That, the disputes between us have been resolved and we have decided to settle the matter between them. 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 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 FIR basis settlement between the parties. 10. We submit that, we have settled our disputes with own will and wish without any influence or force. - 7 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 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 quash the entire proceedings in C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34 of IPC registered and charged sheeted by the respondent police i:e Narasimharaja Police station pending on the file of Hon'ble 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.21/2022 (arising out of Crime No.213/2021 of 1st respondent – Police) registered for the offences punishable under Sections 365, 323, 324, 341, 342, 506 read with Section 34 of IPC pending on the file of III Additional Civil Judge and JMFC, Mysuru, insofar as the petitioners are concerned are hereby quashed.” - 8 - HC-KAR NC: 2026:KHC:20305 CRL.P No. 4370 of 2026 6. In the instant case, it is an undisputed fact that proceedings as against accused No.4 has been quashed by this Court in Crl.P.No.10197/2025 and consequently, by applying the Doctrine of Parity, proceedings against the petitioner - accused No.4 in this petition also deserves to be quashed. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The proceedings in C.C.No.21/2022 arising out of FIR in Crime No.213/2021 registered by the 1st respondent – Police, pending on the file of III Additional Civil Judge and JMFC Mysuru, for the offences punishable under Sections 365, 323, 324, 341, 342, 506 read with Section 34 of IPC insofar as the petitioner/accused No.4 is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 1