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2026 DAILYLAW 45813 (KAR)

MOHAMMED OWAIZ @ OWAIS v. THE STATE OF KARNATAKA

CRL.P/449/2026 · 2026-01-23

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 449 OF 2026 BETWEEN: 1. MOHAMMED OWAIZ @ OWAIS S/O. MOHAMMED MAHABOOB, AGED ABOUT 20 YEARS, RESIDING AT_NO.14, 6RD CROSS, H. SIDDAIAH ROAD, BENGALURU CITY - 560 027. 2. MOHAMMED FARDIN @FARDEEN S/O. MOHAMMED MAHABOOB PASHA, AGED ABOUT 24 YEARS, PERMANENT ADDRESS NO.14, 6RD CROSS, H. SIDDAIAH ROAD, BENGALURU CITY - 560027 3. MOHAMMED AFAN @AFAN S/O. MOHAMMED MAHABOOBB, AGED ABOUT 26 YEARS, R/ AT NO.14, 6RD CROSS, H. SIDDAIAH ROAD, BENGALURU CITY - 560 027 4. HASNAIN @MOHAMMED HASEEN MOHID S/O. MEHABOOB PASHA, AGED ABOUT 23 YEARS, R/AT NO.5/1, 1ST CROSS, CHURCH ROAD, BASAVANGUDI, BENGALURU CITY - 560 004. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 5. MOHAMMED RAYAN @RAAYAN S/O. MOHAMMED RAFIC, AGED ABOUT 21 YEARS, RESIDING AT NO.14, 6TH CROSS, SIDDAIAH ROAD, BENGALURU CITY - 560 027. 6. SYED MUZAFFAR ULL HASAN @MUZAMMIL, S/O. SYED MUNIR, AGED ABOUT 21 YEARS, R/AT NO.1/3, CHURCH ROAD, NEAR NEW GENERATION SCHOOL, BASAVANAGUDI BENGALURU CITY-560 004 7. MOHAMMED SAAD NASEER @SAAD, S/O. NASIR AHMED, AGED ABOUT 24 YEARS, RESIDING AT NO.183, 6RD CROSS, 1ST BLOCK, JAYANAGAR, BAIRASANDRA, BENGALURU CITY - 560 011. 8. MOHAMMED YASEEN UMAIZ @YASEEN S/O. MOHAMMED SADHIK, AGED ABOUT 25 YEARS, R/AT, NO.7, CHURCH ROAD, BASAVANAGUDI, BENGALURU CITY - 560 004 9. AZEEM ULLA KHAN @ ASAD KHAN S/O. AFASAL ULLA KHAN, AGED ABOUT 25 YEARS, R/AT NO.302, 3RD CROSS, 1ST MAIN, BTM LAYOUT, BENGALURU CITY 560 029. 10. ABDUL BASITH S/O. MOHAMMED MUZAMMIL B., AGED ABOUT 23 YEARS, - 3 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 STUDENT, RESIDING AT NO.28, KHAZI STREET, BASAVANAGUDI, BANGALORE CITY - 560 004 11. MOHAMMED JAWAD S/O. MOHAMMED NAWAZ, AGED ABOUT 20 YEARS, RESIDING AT NO.582, 30TH B CROSS, TILAKNAGAR BENGALURU CITY - 560 041 12. SAMEER M, S/O. LATE MUKTHIYAR, AGED ABOUT 24 YEARS, RESIDING AT NO.256, AVALAHALLI, ANJANAPURA, J.P. NAGAR, BENGALURU CITY - 560 062 …PETITIONERS (BY SRI. A. S. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WILSON GARDEN POLICE STATION, BENGALURU - 560 027. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 2. BABUR RAYAN S/O. NAVAZ PASHA, AGED ABOUT 20 YEARS, RESIDING AT NO.202, BADA MAKHAN, H. SIDDAIAH ROAD, BENGALURU CITY-560 027 …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R1; SRI.WALIM KHAN, ADVOCATE FOR R2) - 4 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET AGAINST THE PETITIONER/ACCUSED NO.1 TO 12 IN WILSONGARDEN POLICE STATION CRIME NO.123/2025 (C.C.NO.50194/2025) FOR THE ALLEGED OFFENCE P/U/S/ 115(2), 189(2), 189(4), 190, 191(3), 324(3), 351, 352, 118(1), 351(3) OF BNS 2023 ON THE FILE OF THE HONBLE 48tH ACJM BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. A.S. Kulkarni, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Walim Khan, learned counsel appearing for respondent No.2 and have perused the material on record. 2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo reads as follows: "JOINT MEMO "We submit that, the petitioner Nos.1 to 12 are Accused Nos.1 to 12 respectively in in Wilsongarden Police Station Crime No.123/2025 (C.C No.50194/2025) for the alleged offence punishable under Section 115(2), 189(2), 189(4), - 5 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 190, 191(3), 324(3), 351, 352, 118(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023, (corresponding to old Section 323, 142, 144, 149, 147, 427, 506, 504, 324, 506 of Indian Penal Code) on the file of the Hon'ble 48th Addl. Chief Judicial Magistrate, Bengaluru City. The respondent No.2 is defacto complainant/Injured/CW-1. 2. We submit that, the petitioners have filed this petition to quash the charge sheet in Wilsongarden Police Station Crime No.123/2025 (C.C. No. 50194/2025) for the alleged offence punishable under Section 115(2), 189(2), 189(4), 190, 191(3), 324(3), 351, 352, 118(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023, (Corresponding to old section on the file of the Hon'ble 48th Addl. Chief Judicial Magistrate, Bengaluru City. 3. We submit that, regarding same incident, for the assault to Rayan (Petitioner No.5 - accused No.5) and Sameer M. (Petitioner No.12 - accused No.12) the proceedings are pending against Afreed as accused No.1 and complainant herein - Babur Rayan as Accused No.2 in Wilsongarden Police Station Crime No.125/2025 (C.C. No.50198/2025) for the offence punishable under Section 115(2), 126(2), 351, 352 3(5), of the Bharatiya Nyaya Sanhita, 2023, on the complaint of Sri. Saleem Pasha on the file of the Hon'ble 48th Addl. Chief Judicial Magistrate, Bengaluru City. 4. We submit that, at the instance of the parents, elders and well - wishers the complainant (Respondent No.2), his friend Afreed and the petitioners - accused Nos.1 to 12 have amicably settled all their differences, litigations and disputes. They have withdrawn the allegations made against each other. They are leading their lives peacefully." 3. In the light of the settlement arrived at between the parties and offences not being against the State, I deem it - 6 - HC-KAR NC: 2026:KHC:4125 CRL.P No. 449 of 2026 appropriate to accept the joint memo and close the proceedings against these petitioners in the subject petition. 4. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. Proceedings in C.C.No.50194/2025 pending before the 48th Additional Chief Judicial Magistrate, Bengaluru City, stand quashed qua these petitioners. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 71 CT:HS