Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1224 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SHAMSHAD BEGUM W/O AMEER HUSSAIN, AGED ABOUT 54 YEARS, R/AT NO.23-8-518/2 BAITHUL SHAMA, BABA SAHEB COMPOUND, NEAR MANGALADEVI TEMPLE, MANGALORE - 1 DAKSHINA KANNADA - 575 001. …PETITIONER (BY SRI. MAHAMMED MUSTHAFA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY MANGALORE SOUTH P.S., REPRESENTED BY SPP, HIGH COURT CAMPUS, BANGALORE - 560 001.
2.
SMT. KALAVATHI MOHANLAL TANDEL AGED ABOUT 69 YEARS, R/AT ADD-SHAMSHAD BEGUM, RENT HOUSE, BANZAR HOTEL, OPP: MANGALADEVI MANGALURU CITY D.K. DISTRICT-575 001. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1)
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
THIS CRL.P IS FILED U/S.482 OF CR.P.C (FILED U/S.528 BNSS, 2023) PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CRIME NO.8/2026 MANGALORE SOUTH P.S. DATED 08.01.2026 FOR THE ALLEGED OFFENCE P/U/S 115(2), 118(1), 117(2), 352 OF BNS, 2023 AGAINST THE PETITIONER, PENDING ON THE FILE OF THE HON'BLE COURT OF 2ND JMFC MANGALURU CITY, M.G. ROAD, CORPORATION BUILDING, MANGALURU CITY, IN WHICH THE PETITIONER ARRAYED AS ACCUSED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before the Court seeking the following prayer:-
"To quash the complaint and FIR registered in Crime No.08/2026 Mangalore South P.S dated 08.01.2026 for the alleged offence punishable under Sections 115(2), 118(1), 117(2) and 352 of BNS, 2023, against the petitioner, pending on the file of Hon'ble Court of 2nd JMFC Mangalore City, M.G. Road, Corporation Building Mangalore City, in which the petitioner arrayed as accused."
2. During the subsistence of the subject petition, the parties to the lis have settled the dispute amongst themselves by drawing up certain terms of settlement. The joint affidavit so filed reads as follows:-
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
"JOINT AFFIDAVIT I, Shamshad Begum, W/o. Ameer Hussain, Aged about 54 years, R/at #23-8-518/2, Baithul Shama, Baba Saheb Compound, Near Mangaladevi Temple, Mangalore -1, Dakshina Kannada - 575 001 (First party/ petitioner). I, Kalavathi Mohanlal Tandel, Aged About 69 years, R/at add-Shamshad Begum, Rent House, Banzar Hotel, Opp: Mangaladevi, Mangaluru City, D.K District 575 001 (Second Party/Respondent No.2). Today at Mangalore, we do hereby solemnly affirm and state an oath as follows. 1. We are Petitioner and Respondent No 2/Defacto Complainant respectively, in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit. 2. We state that, the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that, the First Party filed the above petition under section 528 of BNSS with a prayer to quash the entire FIR in CR No.08/2026 pertaining to Mangalore South Police Station for the offence punishable under
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
sections 115(2), 118(1), 117(2) & 352 of BNS, 2023, pending before the Hon'ble Court of 2nd JMFC Mangalore city, M.G Road, Corporation Building Mangalore City. 4. We state that, the complaint given by respondent no.2 on 08.01.2026 was on spur of moment and after the incident they were apologized each other for their premature conduct and they settled all their differences and have decided to close the dispute in a dignified manner without any fiction or bad blood between them. Hence a lenient view may be taken, while considering this affidavit. 5.
We state that, there is no coercion, undue influence or force from anybody upon us to file this affidavit and the second party willfully give consent to quash the FIR in CR No.08/2026 pertaining to Mangalore South Police Station for the offence punishable under sections 115(2), 118(1), 117(2) & 352 of BNS, 2023, pending before the Hon'ble Court of 2nd JMFC Mangalore city, M.G Road, Corporation Building Mangalore City, which was registered on her complaint. WHEREFORE, we humbly pray that this Hon'ble court be pleased to accept the joint affidavit and to Hon'ble court be pleased to allow the criminal petition
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
quashing the FIR in CR No.08/2026 pertaining to Mangalore South Police Station for the offence punishable under sections 115(2), 118(1), 117(2) & 352 of BNS, 2023, pending before the Hon'ble Court of 2nd JMFC Mangalore city, M.G Road, Corporation Building Mangalore City, in the interest of justice and equity."
3. In the light of the offence being the one punishable under 118 of BNS, I deem it appropriate to accept the settlement and close the proceedings against the petitioner. 4. For the aforesaid reasons, the following order is passed:-
ORDER (i) The petition stands disposed in terms of the joint affidavit. (ii) The proceedings in Crime No.08/2026 of Mangaluru South Police Station, for the offences punishable under Sections 115(2), 118(1), 117(2), 352 of BNS, 2023, pending on the file of the Court of II JMFC, Mangaluru city, M.G. Road, Corporation
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HC-KAR NC: 2026:KHC:11713 CRL.P No. 1224 of 2026
Building, Mangaluru city, are quashed qua the petitioner. (iii) In view of disposal of the petition, pending I.As., if any, do not survive for
consideration and the same stand disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
PMR List No.: 2 Sl No.: 43