JISHAN HUSSAIN v. THE STATE BY WOMENS POLICE STATION
CRL.P/7056/2026 · 2026-06-16
M Nagaprasanna
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23138 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23138 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7056 OF 2026 BETWEEN:
1.
JISHAN HUSSAIN, S/O SHABEER HUSSAIN, AGED ABOUT 34 YEARS,
2.
AZEEZA BANU, W/O SHABEER HUSSAIN, AGED ABOUT 54 YEARS,
3.
AFREEN HUSSAIN, D/O SHABEER HUSSAIN, AGED ABOUT 31 YEARS,
ALL ARE R/AT #8-13-952/5, NEAR JAMIYA MASJID, KUDROLI MANGALORE, DAKSHINA KANNADA, KARNATAKA - 574 214.
4.
HAROON KHADAR, S/O OF A AHMAD, AGED ABOUT 33 YEARS, MISTY APARTMENT ATHAWARA NEW ROAD, MANGALORE, D.K-575001
…PETITIONERS
(BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
AND:
1.
THE STATE BY WOMENS POLICE STATION, NEAR RTO OFFICE, PANDESHWAR, MANGALURU - 575 001.
2.
SMT. AFRA, W/O JISHAN HUSSAIN, AGED ABOUT 28 YEARS, 17-10-655/4 SAI RESIDENCY MELINA MOGARU ATTHAVAARA, MANGALURU CITY - 575 001.
…RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1 SRI. MOHAMMED ZAMEER K., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND THE CHARGE SHEET REGISTERED BY MANGALORE WOMEN'S P.S IN CR.NO.56/2025 FOR THE OFFENCE P/U/S 85, 115(2), 352, 351(2) OF BNS WHICH IS PENDING ON THE FILE OF III J.M.F.C COURT OF MANGALURU AND SAME IS GOT NUMBERED AS C.C.NO.4384/2025 WHICH IS PENDING IN THE III J.M.F.C AT MANGALORE D.K.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
CORAM:
HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners are before this Court calling in question proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) pending before the III J.M.F.C, Mangaluru, for the offences under Sections 85, 115(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri. Talha Ismail Bengre, learned counsel appearing for the petitioners, Smt. Waheeda M.M, learned HCGP appearing for respondent No.1, Sri. Mohammed Zameer K, 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 an application under Section 482 of Cr.P.C., along with the joint affidavit. The joint affidavit reads as follows:
“JOINT AFFIDAVIT
I, Azeeza Banu w/o Shabeer Hussain, aged about 54 years, r/at #8-13-952/5, near Jamiya Masjid, Kudroli
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HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
Mangalore, Dakshina Kannada, Karnataka-574214 do hereby solemnly affirm and state on oath as follows:
I state that, petitioner No. 1, 3 and 4 are my son, daughter and son in law and now all are in out of station, hence in their behalf I am swearing to this affidavit. I, Afra w/o Jishan Hussain, aged about 28 years, 17-10- 655/4 Sai Residency, Melina Mogaru atthavaara Mangaluru city, do hereby solemnly affirm and state on oath as follows:-
1. We state that, we are the petitioner 2 (petitioner no.2 also on behalf of petitioner no.1, 3 and 4 who are my son, daughter, and son in-law) and Respondent No.2 in the above case and we are well conversant with the facts of the case. Hence, we are swearing 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 482 of code of criminal procedure with a prayer to quash the entire proceedings in C.C No. 4384/2025 arising out of the crime no. 56/2025 for offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3rd JMFC Court At Mangalore, D.k.
4.
We state that, the complaint given by respondent no.2 on 29.07.2025 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 -
HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
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 case in C.C.No.4384/2025 arising out of the crime no. 56/2025 for the offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3rd JMFC Court At Mangalore, D.k, which was registered on his 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 quashing the criminal proceedings in C.C.No.4384/2025 arising out of the crime no. 56/2025 for the offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3rd JMFC Court At Mangalore, D.k, in the interest of justice and equity
Whatever stated in para no. 1 to 5 of the affidavit is true to the best of our knowledge, belief and information.”
4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of application under Section 482 of Cr.P.C., along with the joint affidavit being filed by the parties to the lis and offences not being against the State, I deem it appropriate to accept the joint affidavit and terminate the proceedings against the petitioners in the subject petition. - 6 -
HC-KAR NC: 2026:KHC:29335 CRL.P No. 7056 of 2026
6.
For the aforesaid reasons, the following:
ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) pending before the III J.M.F.C, Court, Mangaluru, stands quashed qua the petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 107