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2026 DAILYLAW 33795 (KAR)

SHABBIR v. THE STATE OF KARNATAKA BY

CRL.P/10514/2026 · 2026-07-28

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10514 OF 2026 BETWEEN: 1. SHABBIR S/O. MOHAMED SERVER AGED ABOUT 23 YEARS (AT PRESENT 45 YEARS) R/AT NO. 7, HKP DARGA COMPOUND SHIVAJINAGARA BENGALURU CITY- 560051 2. SAMEER S/O. LATE SAMI ULLA AGED ABOUT 36 YEARS (AT PRESENT 46 YEARS) R/AT NO. 57, MANOVARA MASIDI ROAD OPPOSITE MY STEEL GODOWN BENGALURU CITY- 560029 …PETITIONERS (BY SRI: CHANDRAPPA K N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHANNAPATNA EAST POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560001 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 2. SHA MUKTHAR S/O SHA NAJBUDIN AGED ABOUT 32 YEARS R/AT NO. 58, CK ROAD DAIRA, CHANNAPATNA TOWN RAMANAGARA 562160 (DIED ON 29.08.2022) 3. ZEESHAN S/ O AZIZ AGED ABOUT 26 YEARS R/AT MADEENA CHOWK CHANNAPATNA TOWN RAMANAGARA 562160 …RESPONDENTS (BY SMT: RASHMI PATEL, HCGP FOR R1; SRI KISHOR H.N. ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 (FILED UNDER SECTION 528 BNSS) CR.P.C BY THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDING IN THE MATTER BEARING C.C.NO.655/2019 (CRIME NO.58/2016) OF CHANNAPATNA EAST POLICE STATION PENDING ON THE FILE OF THE HONBLE ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC AT CHANNAPATNA AGAINST THE PETITIONER HEREIN, WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.1 AND 3 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 148, 323, 324, 506 READ WITH SECTION 149 OF IPC. THIS CRL.P, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in CC No.655 of 2019 registered for the offences punishable under Sections 143, 144, 148, 323, 324, 506 read with Section 149 of the IPC. 2. Heard Sri K N Chandrappa, learned counsel appearing for the petitioners, Smt Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1, Sri H N Kishor, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows: " JOINT AFFIDAVIT" We, SHABBIR, S/o. Mohamed Server, Aged about 23 years, (At present years), R/at No. 7, HKP Darga Compound, Shivajinagara, Bengaluru City- 560051, SAMEER, S/o. Late Sami Ulla, Aged about 36 years, (At present 46 years), R/at No. 57, Manovara Masjid road, Opposite Mysore Steel Godown, Bengaluru City-560029 and ZEESHAN, S/ o Aziz, Aged about 26 - 4 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 years, R/at Madeena Chowk, Channapatna Town, Ramanagara 562160, now at Bengaluru, do hereby solemny affirm and state on oath as follows: 1. Brief fact of the case that one Complaint Sha Mukthiyar S/o Sha Najbudin, went to Respondent Police, filed a written Complaint stating that on 23/04/2016, at about 11:35 PM, they are Chennapatna Town, near C.K. Road cross, in front of the Sha Faruknijan house. When CW 1 to 3 are walking by that time, the Accused No. 1 to 3 suddenly restrained them and the Accused No.1 talking with filthy language with CWI with dire consequence, who is the brother of the Nawaz. They are discussing to assault them, by that time he came to spot. The Accused No.2 and 3 tried to caught hold CW 1. Further CW 2 to 3 are interfered to rescue the quarrel. The Accused No.1 assaulted with fist on the face of the CW 2. The Accused No. 2 and 3 are thrown long to the CW 1 to 3, by that time CW 2 was injury sustained by the Accused, further the Accused told to take away the life and talking with filthy language. Then they escaped from the spot. Hence this Complaint. 2. The above named Petitioners and Respondent No.3 submit that the respondent No 2 is complaint, he expired on 29/08/2022. The Respondent no-3 is injured in the above case. The petitioners are known persons and close friends both are amicably settled the above matter out of court, further the petitioners and the complainant and their elders are joined and closed the criminal case against the petitioners. 3. The Petitioners further submits that, the petitioners and respondent no-2 and 3 are residents of the separate place in the close vicinity. And peace fully leading life, the parties on their own volition without any coercion or compulsion, willingly and Voluntarily have buried their differences 4. The Petitioners further submits that, there is no intention or motive was mentioned in the compliant particularly against the Petitioners. However, the respondent police have foisted a false case against these Petitioners. - 5 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 5. It is on the basis of this compromise, the Petitioners moved aforesaid criminal Petition under Section 482 of the CrPC for quashing of the said Chargesheet. As per the Petitioners, the parties have settled the matter, as they have decided to keep harmony between them to enable them to live with peace and love. The compromise records that they have no grudge against each other and the Complainant has specifically agreed that he has no objection if the Chargesheet in question is quashed. Further, both the parties have undertaken not to indulge in any litigation against each other and withdraw all the complaint pending between the parties before the Court. 6. THEREFORE, we the deponents submit that the averments made in the accompanying Affidavit are true and correct to the best of our knowledge, information and belief and this is our signatures." 4. In the light of application for compounding being filed along with the joint affidavit, the offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER (i) Criminal Petition stands disposed. (ii) Proceedings pending in CC No.655 of 2019 pending before the Additional Civil Judge - 6 - HC-KAR CNR: KAHC010486502026 NC: 2026:KHC:39317 CRL.P No. 10514 of 2026 (Jr.Dn.) and JMFC at Channapatna, qua the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE BGN List No.: 2 Sl No.: 65