- 1 - HC-KAR NC: 2026:KHC-D:2028 CRL.P No. 104805 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.104805 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SYED SAMEER PASHA S/O. SYED SADIQ PASHA, AGE. 35 YEARS, OCC. TRADER, R/O. GANGAVATHI, NOW AT TORANAGALLU, TQ. SANDUR, DIST. BALLARI-583227. …PETITIONER (BY SRI. V.S. KALASURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KOPPAL TOWN P.S. R/BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. RIZWAN BEGUM W/O. JALIL VUR REHAMAN HAKIM, AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. VIDYANAGAR, KOPPAL, DIST. KOPPAL-583231. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. MADHU M. GOTURE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KOPPAL DIST. KOPPAL IN CRIME NO.122/2025 OF KOPPAL TOWN POLICE STATION FOR THE OFFENCE P/U/SEC. 115(2), 118(1), 351(3), 126(2), 352, 74 OF BNS, 2023 IN SO FAR PETITIONER/ACCUSED IS CONCERNED, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:56 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2028 CRL.P No. 104805 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri V.S.Kalasurmath, learned counsel for Sri M.V.Hiremath, learned counsel for the petitioner. 2. None appears for respondent No.2. Crime involved in the present matter is Crime No.120/2025 and 122/2025 which is a case and counter case. 3. Therefore, in the absence of the complainant in Crime No.120/2025 seeking quashing of the pending proceeding, there cannot be quashing of the present petition, in view of the principles of law enunciated by the Full Bench of this Court in the case of State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and another reported in ILR 2012 KAR 509. 4. Accordingly, petition is dismissed. 5. However, investigation and trial shall be conducted strictly as per the guidelines issued in Hosakeri Ningappa, supra. Sd/- (V.SRISHANANDA) JUDGE kcm, CT:CMU LIST NO.: 1 SL NO.: 68