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2026 DAILYLAW 27756 (KAR)

SHAIK AHAMMED v. PRL SECRETARY HOME DEPARTMENT

WP/16857/2026 · 2026-07-06

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34523 WP No. 16857 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.16857 OF 2026 (GM-RES) BETWEEN: SHAIK AHAMMED S/O MAHAMMED ISUF SAB, AGE 47 YEARS, OCC. COOLIE, R/O APINAKATTE VILLAGE, SHIKARIPURA TALUK - 577 427. …PETITIONER (BY SRI. SHAIKH SAOUD, ADVOCATE) AND: 1. PRL. SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. STATE BY SHIKARIPURA POLICE, RESPONDENTS NO.1 AND 2 ARE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 3. SMT. SHABANA BANU W/O SHAIK AHAMMED, 39 YEARS, HOUSE HOLD WORK R/O GANGANAMAKKI VILLAGE, MUDIGERE TOWN, CHICKMAGALORE DISTRICT - 577 112 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS 2023 PRAYING TO 1. THE NECESSARY PERMISSION MAY Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34523 WP No. 16857 of 2026 PLEASE BE GRANTED TO THE PETITIONER AND THE 3RD RESPONDENT/COMPLAINANT TO COMPROMISE THE CASE AT S.C.NO.142/2008 UNDER SECTION 498-A, 324 OF IPC AND SECTIONS 3 AND 4 D.P. ACT, ON THE FILE OF HONBLE ADDL. SESSIONS JUDGE SHIMOGA AS PER THE TERMS AND CONDITIONS OF THE OPPAND PATHRA DATED 09-12-2024 EXECUTED BETWEEN THEM AT ANNEXURE-C, IN THE INTEREST OF JUSTICE AND ETC., 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: “1. The necessary permission may please be granted to the petitioner and the 3rd Respondent/complainant to compromise the case at SC.No.142/2008 under Section 498-A, 324 of IPC and Section 3 and 4 D.P. Act, on the file of Hon'ble Addl. Sessions Judge Shimoga as per the terms and conditions of the "Oppand Pathra" dated 09-12- 2024 executed between them at Annexure-C, in the interest of justice. 2. To set-aside the order of conviction and sentence for the offences under Section 498-A, 324 of IPC and Section 3 and 4 D.P. Act, passed by the Hon'ble Addl. Sessions Judge Shimoga. 3. And necessary direction may please be issued to the Central Prison Authorities of Bengaluru Prison to release the Petitioner from prison. 4. Any other relief/s deemed fit by the Hon'ble High Court may also be granted in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:34523 WP No. 16857 of 2026 2. The petitioner is the husband, who is convicted of an offence punishable under Section 498-A of IPC, inter alia, he seeks a prayer that this Court should direct the wife to enter into a compromise and seeks setting aside of the order of conviction and sentence and release him from prison as he is suffering the sentence after conviction. 3. Such prayers under any jurisdiction cannot be granted. 4. Reserving liberty to the petitioner to avail of such remedy as available in law, petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 166