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2026 DAILYLAW 46200 (KAR)

SYED NAWAZ @ NAWAZ v. STATE OF KARNATAKA

CRL.P/995/2026 · 2026-02-03

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6547 CRL.P No. 995 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 995 OF 2026 BETWEEN: 1. SYED NAWAZ @ NAWAZ S/O SYED WAHEED, AGED ABOUT 27 YEARS, R/AT NO.109, 7TH CROSS, 2ND MAIN, OPP. REHMANIA MASJID, KOGILU LAYOUT, BENGALURU – 560 064 (AS PER AADHAR CARD) 2. MOHAMMED MAHER HUSSAIN @ MAHIR S/O MOHAMMED MUSSADIQ HUSSAIN, AGED ABOUT 25 YEARS, R/AT NO.12, 1ST CROSS, 1ST MAIN, BELLAHALLI, YELAHANKA, BENGALURU – 560 064 (AS PER AADHAR CARD) …PETITIONERS (BY SRI. MANOJ KUMAR J.Y., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6547 CRL.P No. 995 of 2026 2. SRI. GANGADHAR D., S/O LATE DODDA HEMANNA, AGED ABOUT 33 YEARS. R/AT NO.15, BELLAHALLI BUS STOP, KOGILU LAYOUT, MAIN ROAD, YELAHANKA, BENGALURU – 560 064. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R-1; MS. M.S.LOLITHA REDDY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO A. QUASH THE FIR BEARING CR.NO.77/2022 DATED 16.03.2022 (ANNEXURE-A) AND THE FINAL REPORT DATED 03.05.2025 (ANNEXURE-D) AS ILLEGAL AND VOID ON THE FILE OF THE RESPONDENT POLICE; B. QUASH THE CHARGE SHEET AND CONSEQUENTLY THE ENTIRE PROCEEDINGS IN SPL.C.NO.1070/2022 PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71) FOR THE ALLEGED OFFENCES P/U/S. 341, 323, 504 AND 506 R/W SEC.34 OF THE IPC AND SEC.3(1)(r) AND 3(1)(s) OF THE SC AND ST (PA) ACT, 1989, AS AGAINST THE PETITIONERS, AS THE SAME IS ILLEGAL AND CONTRARY TO LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6547 CRL.P No. 995 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayers: “(A) Quash the FIR bearing Crime No.77/2022 dated 16/03/2022 (Annexure 'A') and the final Report dated 03/05/2025 (Annexure 'D'), as illegal and void on the file of the Respondent Police. (ii) Quash the charge sheet and consequently the entire proceedings in Spl.C.No.1070/2022 pending on the file of LXX Addl. City Civil & Sessions Judge And Special Judge, at Bengaluru (CCH-71) for the alleged offences punishable under sections 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as against the petitioners, as the same is illegal and contrary to law." 2. Heard Sri. Manor Kumar J.Y, learned counsel appearing for the petitioners, Sri. K.Nageshwarappa, learned HCGP appearing for respondent No.1, M.S.Lolitha Reddy, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the subsistence of the proceedings, the parties to the lis have entered into a settlement and have - 4 - HC-KAR NC: 2026:KHC:6547 CRL.P No. 995 of 2026 settled the dispute by filing Compounding Application along with Joint Affidavit drawing up certain terms of settlement. The Compounding Application filed by the parties to the lis reads as follows: "1. That Crime No.77/2022 was registered by Yelahanka Police Station for offences punishable under sections 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case is now pending in Spl.C.No.1070/2022 before the LXX Addl. City Civil & Sessions Judge and Special Judge, Bengaluru. 2. That subsequent to registration of the case and filing of the chargesheet, the matter has been amicably settled between the Petitioners and Respondent No.2/Complainant namely Mr Gangadhar D. 3. That Respondent No.2, along with the petitioners, have filed a Joint Affidavit before this Hon'ble Court stating that he has no objection to the quashing and/or compounding of the present proceedings against the petitioners. 4. That in view of the settlement, the complainant is not desirous of prosecuting the matter further and continuation of proceedings will serve no fruitful purpose. 5. That this Hon'ble Court in exercise of its jurisdiction may be pleased to permit the parties to compound the offences involved, in the interest of justice, equity, and good conscience. WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to quash the criminal proceedings in Spl.C.No.1070/2022 registered against the petitioner, pending before the LXX Addl. City Civil & Sessions Judge and Special Judge, Bengaluru, for the offence punishable under Section under sections 341, 323, 504 and 506 read with Section 34 of the Indian - 5 - HC-KAR NC: 2026:KHC:6547 CRL.P No. 995 of 2026 Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the interest of justice." 4. In the light of the settlement arrived at between the parties notwithstanding the fact that the offence alleged is the one punishable under Section 323 of the IPC. For the reason that the dispute has been settled, I deem it appropriate to accept the same and close the proceedings against the petitioners-accused. Hence, the following: O R D E R [I] Criminal Petition is disposed. [II] Proceedings in Spl.C.No.1070/2022 pending on the file of LXX Addl. City Civil & Sessions Judge And Special Judge, at Bengaluru, qua the petitioners, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 103