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2026 DAILYLAW 21392 (KAR)

MOHAMMED FAYAZ v. THE STATE OF KARNATAKA

CRL.P/7803/2026 · 2026-06-12

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28710 CRL.P No. 7803 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7803 OF 2026 BETWEEN: MOHAMMED FAYAZ, S/O. MOHAMMED HANEEF, AGED ABOUT 31 YEARS, OCC. PETTY BUSINESS, R/AT-H.N, 2, 559, ROTIGUDDE HOUSE, TUMBE VILLAGE, BANTWAL TALUK, D.K.- 574143. …PETITIONER (BY SRI. DINESH KUMAR RAO K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BUNTWALA TOWN POLICE STATION, (REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001). 2. MOHAN SHETTY, S/O. PADMANABHA SHETTY, AGED ABOUT 55 YEARS, OCC. CONTRACTOR, R/AT-NARVALADADDA HOUSE, MUDUPADUKODI POST, BANTWAL TALUK, D.K.- 574265. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. NAGARAJ.M BHAT, ADVOCATE FOR R-2) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28710 CRL.P No. 7803 of 2026 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST PETITIONER IN C.C.NO.1780/2017, PENDING ON THE FILE OF THE I ADDL. CIVIL JUDE AND JMFC, BANTWAL, D.K., (CHARGE SHEETED FOR OFFENCE P/US/ 120(B), 109, 504, 392 OF IPC. 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 petitioner-accused No.2 is before this Court calling in question proceedings in C.C.No.1780/2017, pending before the I Addl. Civil Judge and JMFC, Bantwal, D.K., registered for the offences punishable under Sections 120(B), 109, 504, 392 of the Indian Penal Code. 2. Heard Sri.Dinesh Kumar Rao.K, learned counsel appearing for the petitioner, Sri. K.Nageshwarappa, learned HCGP appearing for respondent No.1, Sri.Nagaraj.M Bhat learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:28710 CRL.P No. 7803 of 2026 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the affidavit of respondent No.2. The affidavit filed by respondent No.2 reads as follows: “HEREIN, I, Mohan Shetty, S/o. Padmanabha Shetty, Aged about 55 years, Occ.-Contractor, R/at- Narvaladadda House, Madupadukodi Post, Bantwal taluk, D.K.-574265, today at Bengaluru, do hereby state on solemnly affirmation on oath state as follows. 1. That I am the respondent no.2 in the above Criminal petition and i know the facts of the case, Hence, I am swearing to this affidavit. 2. I state that the contents in the accompanying application of compromise/compounding of offence at Para 1 to 3 are true and correct to the best of our knowledge, belief and information and I believe it to be true and correct. This is my name and signature and contents stated above are true to the best of our knowledge, information and belief and believe them to be true and correct.” 4. In the light of application for compounding being filed along with the affidavit of respondent No.2 and offences not being against the State, I deem it appropriate to accept the compounding application and the affidavit of respondent No.2 and terminate the proceedings against the petitioner in the subject petition. - 4 - HC-KAR NC: 2026:KHC:28710 CRL.P No. 7803 of 2026 5. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.1780/2017, pending before the I Addl. Civil Judge and JMFC, Bantwal, D.K., stands quashed qua the petitioner-accused No.2. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 5 Sl No.: 12