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2026 DAILYLAW 46847 (KAR)

NAYAZ PHASHA v. THE STATE OF KARNATAKA

CRL.P/2450/2025 · 2026-02-03

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER 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. 2450 OF 2025 C/W CRIMINAL PETITION NO. 12268 OF 2024 CRIMINAL PETITION NO. 17113 OF 2025 CRIMINAL PETITION NO. 35 OF 2026 IN CRL.P No. 2450/2025 BETWEEN: NAYAZ PHASHA S/O MUNAVAR PHASHA AGED ABOUT 40 YEARS, RESIDING AT NO.31/2A-05, BEHIND MAHAVEER JADE APARTMENT AREKERE, K.C.HALLI BEGUR, BENGALURU SOUTH, BANNERAGATTA ROAD, BENGALURU – 560 076. …PETITIONER (BY SRI. KASHINATH J.D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SIDDAPURA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER 2. RASHAD AHMED S/O FAYAZ AHMED, AGED ABOUT 38 YEARS, RESIDING AT NO.40, 1ST FLOOR, 8TH CROSS, SOMESHWARA NAGARA, JAYANAGARA 1ST BLOCK, BENGALURU – 560 011. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R-1; SRI. DEVARAJU R., ADVOCATE R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN CC.28443/2024 (ARISING OUT OF THE CRIME NO.37/2023) FOR THE OFFENCE PUNISHABLE UNDER SECTION 384, 195A, 511 R/W 34 OF INDIAN PENAL CODE AND 66E OF INFORMATION TECHNOLOGY ACT, 2000 REGISTERED BY THE SIDDAPURA POLICE NOW PENDING ON THE FILE OF THE 2ND ADDL. CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU IN SO FAR AS PETITIONERS ARE CONCERNED. IN CRL.P NO. 12268/2024 BETWEEN: 1. MUNAVAR PHASHA S/O LATE MOHAMMED MUSTAN SAB, AGED ABOUT 75 YEARS, RESIDING AT M.S.COMPLEX, KASTURBA ROAD, OPP.TO GOVERNMENT KANNADA SCHOOL, GANDHI BAZAR, SHIVAMOGGA – 577 202. - 3 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER 2. MANSUR PHASHA S/O MUNAVAR PHASHA, AGED ABOUT 50 YEARS, RESIDING AT HILAAL MANZIL, 4TH CROSS, BAPUJI NAGARA, SHIVAMOGGA – 577 202. 3. SUHEL PHASHA S/O MUNAVAR PHASHA, AGED ABOUT 46 YEARS, RESIDING AT KASTURBA ROAD, OPP.TO GOVERNMENT KANNADA SCHOOL, GANDHI BAZAR, SHIVAMOGGA – 577 202. ...PETITIONERS (BY SRI KASHINATH J.D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SIDDAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. RASHAD AHMED S/O FAYAZ AHMED, AGED ABOUT 38 YEARS, RESIDING AT NO. 40, 1ST FLOOR, 8TH CROSS, SOMESHWARA NAGARA, JAYANAGAR 1ST BLOCK, BENGALURU – 560 011. ...RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R-1; - 4 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER SRI DEVARAJU R., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN C.C.NO.28443/2024 FOR THE OFFENCE P/U/S 384, 195(A), 511 R/W 34 OF IPC, SEC.66(E) OF IT ACT, 2000, REGISTERED BY THE 1st RESPONDENT POLICE ON THE COMPLAINT OF RESPONDENT NO.2 PENDING ON THE FILE OF THE 2nd ACJM COURT, BENGALURU IN SO FAR AS PETITIONER ARE CONCERNED. IN CRL.P NO. 17113/2025 BETWEEN: 1. NAYAZ PHASHA S/O MUNAVAR PHASHA, AGED ABOUT 40 YEARS, RESIDING AT NO.31/2A-05, BEHIND MAHAVEER JADE APARTMENT AREKERE, K.C.HALLI BEGUR, BENGALURU SOUTH, BANNERAGATTA ROAD, BENGALURU – 560 076. ...PETITIONER (BY SRI KASHINATH J.D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PUTTENAHALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. ASMA PARVEEN W/O NAYAZ PHASHA, - 5 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER AGED ABOUT 40 YEARS, RESIDING AT NO.9, 2ND CROSS, SILVER OAK LAYOUT, 7TH PHASE, JP NAGAR, BENGALURU CITY – 560 078. ...RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R-1; SRI. DEVARAJU R., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN C.C.NO.10693/2018 (ARISING OUT OF CRIME NO.446/2017) FOR THE OFFENCE P/U/S 498-A, 323, 506, 509, 109 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DP ACT, 1961 REGISTERED BY THE PUTTENAHALLI POLICE NOW PENDING ON THE FILE OF THE 30th ADDL CMM BENGALURU IN SO FAR AS THE PETITIONER ARE CONCERNED. IN CRL.P NO. 35/2026 BETWEEN: 1. RASHAD AHAMAD S/O FAYAZAHAMAD AGED ABOUT 40 YEARS, RESIDING AT NO.9, 2ND CROSS, SILVER OAK STREET, J.P NAGARA, 7TH PHASE, BENGALURU – 560 078. 2. MAZAHAMAD S/O FAYAZAHAMAD AGED ABOUT 37 YEARS, - 6 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER RESIDING AT NO.9, 2ND CROSS, SILVER OAK STREET, J.P.NAGARA, 7TH PHASE, BENGALURU – 560 078. 3. KHADAR PHASHA S/O LATE MOHAMED GOUSE, AGED ABOUT 37 YEARS, RESIDING AT 2ND CROSS, SILVER OAK STREET, J.P.NAGARA, 7TH PHASE, BENGALURU – 560 078. 4. ASMA PARVEEN W/O NAYAZPHASHA, AGED ABOUT 40 YEARS, RESIDING AT NO.9, 2ND CROSS, SILVER OAK LAYOUT, 7TH PHASE, J.P.NAGAR, BENGALURU CITY – 560 078. ...PETITIONERS (BY SRI DEVARAJU R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SIDDAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. NAYAZPHASHA S/O MUNAVARPHASHA AGED ABOUT 40 YEARS, RESIDING AT NO.200, NAP COMPUTERS, SOUTH CITY MAIN ROAD, AREKERE, MICRO LAYOUT, BENGALURU – 560 076. - 7 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER ...RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R-1; SRI KASHINATH J.D., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN SC.NO.1365/2019 ARISING OUT OF CR.NO.351/2017) FOR THE OFFENCES P/U/S 143, 144, 147, 148, 448, 341, 307, 427, 397, 201 R/W 149 OF IPC, AS BEING ILLEGAL REGISTERED BY THE PUTTENAHALLI POLICE NOW PENDING ON THE FILE OF THE COURT OF THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-56) IN SO FAR AS PETITIONERS ARE CONCERNED. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In Crl.P.No.2450/2025, the petitioner is before this Court seeking the following prayers: "WHEREFORE the petitioner herein respectfully pray that this Hon'ble court may be pleased to: i. Call for entire records pertains to C.C No 28443/2024 pending on the file of the 2ND ACJM at Bengaluru. - 8 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER ii. Quash the entire charge sheet and proceedings in C.C 28443/2024 (arising out of the Crime No.37/2023) for the offence punishable under section 384, 195A, 511 R/w 34 of Indian Penal Code and 66E of Information Technology Act, 2000 registered by the Siddapura police now pending on the file of the 2nd Addl. Chief Judicial Magistrate court, Bengaluru in so far as Petitioners are concerned. iii. Pass appropriate order deems fit to the circumstances of the case on hand and to meet the interest of justice." 2. In Crl.P.No.12268/2024, the petitioners are before this Court seeking the following prayers: "WHEREFORE the petitioners herein respectfully pray that this Hon'ble court may be pleased to: i. Call for entire records pertains to C.C No 28443/2024 pending on the file of the 2nd Addl. Chief Judicial Magistrate Bengalru." ii. Quash the entire charge sheet and proceedings in C.C. 28443/2024 for the offence punishable under section 384, 195A, 511 R/w 34 of Indian Penal Code and 66(E) of Information Technology Act, 2000 registered by the 1st respondent police on the complaint of respondent No.2 pending on the file of the 2nd Addl. Chief Judicial Magistrate court, Bengaluru in so far as Petitioners are concerned. iii. Pass appropriate order deems fit to the circumstances of the case on hand and to meet the interest of justice." 3. In Crl.P.No.17113/2025, the petitioner is before this Court seeking the following prayers: - 9 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER "i. Quash the entire charge sheet and proceedings in C.C 10693/2018 (arising out of of the the Crime No.446/2017) for the offence punishable under section 498A, 323, 506, 509, 109 and R/w 34 of Indian Penal Code and section 3 and 4 of the Dowry prohibition act, 1961 registered by the Puttenahalli police now pending on the file of the 30th Addl. Chief Metropolitan Magistrate court, Bengaluru in so far as Petitioners are concerned. ii. Pass appropriate order deems fit to the circumstances of the case on hand and to meet the interest of justice." 4. In Crl.P.No.35/2026, the petitioner is before this Court seeking the following prayers: "i. Quash the entire charge sheet and proceedings in S.C.No.1365/2019 (arising out of the Crime NO.351/2017) for the offence punishable under Sections 143, 144, 147, 148, 448, 341, 307, 427, 397, 201 R/w 149 of the Indian Penal Code as being illegal registered by the Puttenahalli police now pending on the file of the Court of The LV Addl. City Civil And Sessions Judge At Bengaluru, (CCh-56), in so far as Petitioners are concerned. ii. Pass appropriate order deems fit to the circumstances of the case on hand and to meet the interest of justice." 5. In Crl.P.No.2450/2025, Crl.P.No.12268/2024, Crl.P.No.17113/2025, heard Sri.Kashinath J.D. learned counsel appearing for the petitioners, Sri.Devaraju R, learned counsel appearing for respondent No.2. In Crl.P.No.35/2026, heard Sri.Devaraju R, learned counsel appearing for the petitioners, - 10 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1 in all matters and have perused the material on record. 6. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a compromise and the Joint Compromise Petition filed in Crl.P.No.35/2026 reads as follows: "JOINT COMPROMISE MEMO FILED BY THE PETITIONERS AND RESPONDENT NO.2 The Petitioners and Respondent No.2 above named respectfully submit as follows: 1. This Joint Compromise Memo is filed voluntarily by the Petitioners and Respondent No.2 out of their free will and consent, seeking quashing of the criminal proceedings pending against the Petitioners. 2. The Petitioners are arrayed as accused persons in Crime No.351/2017 registered by Puttenahalli Police Station, Bengaluru, which culminated in filing of charge sheet and proceedings in S.C. No.1365/2019 on the file of the Court of The LV Addl. City Civil And Sessions Judge At Bengaluru, (CCH-56), for the alleged offences punishable under Sections 143,144,147, 148, 448, 341, 307, 427, 397, 201 R/w 149 of the Indian Penal Code. 3. The dispute between the Petitioners and Respondent No.2 arose out of matrimonial differences between Petitioner No.1 and Respondent No.2. During the pendency of the above proceedings, with the intervention of elders and well-wishers, the parties have amicably resolved all their disputes. 4. Accordingly, the Petitioners and Respondent No.2 entered into a comprehensive Memorandum of Settlement dated 25.10.2025 before the Judicial - 11 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER Magistrate First Class Court-II, Bengaluru, in Cri. Misc. No.192/2019, under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 5. Under the said settlement, all disputes relating to marriage, separation, maintenance, permanent alimony, custody and welfare of the minor children, visitation rights and all other ancillary issues have been finally and fully settled. The parties have also agreed to withdraw, quash, or not press all civil and criminal proceedings pending against petitioners in S.C. No.1365/2019 on the file of the Court of The LV Addl. City Civil And Sessions Judge At Bengaluru, (CCH-56), for the alleged offences punishable under Sections 143, 144, 147, 148, 448, 341, 307, 427, 397, 201 R/w 149 of the Indian Penal Code 6. Respondent No.2 hereby states that she has no objection for quashing of the criminal proceedings pending against the Petitioners and that the compromise has been entered into voluntarily, without any coercion, threat, pressure or undue influence from any quarter. 7. It is submitted that, The respondent No.2 (Nayaz Pasha), the father of the children, hereby undertakes that he shall not withdraw the sum of Rs. 2,50,000/- each deposited in the names of his two children. Furthermore, he confirms that the mother has been appointed as the nominee for the said Fixed Deposit (FD). 8. The Petitioners and Respondent No.2 undertake to maintain cordial relations hereafter and not to initiate any further civil or criminal proceedings against each and other in respect of the matrimonial dispute, except for enforcement of the terms of the settlement. 9. The parties submit that continuation of the criminal proceedings in view of the compromise would serve no useful purpose and would amount to abuse of the process of law. Wherefore the petitioners herein and respondent no.2 respectfully prays that, this Hon'ble Court be pleased to accept the above Joint compromise Memo of and quash - 12 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER proceedings in S.C. No.1365/2019 on the file of the Court of The LV Addl. City Civil And Sessions Judge At Bengaluru, (CCH-56), for the alleged offences punishable under Sections 143, 144, 147, 148, 448, 341, 307, 427, 397, 201 R/w 149 of the Indian Penal Code to meet the interest of justice." 7. The Joint Compromise Petition filed by parties to the lis in Crl.P.No.12268/2024 reads as follows: "JOINT COMPROMISE MEMO FILED BY THE PETITIONERS AND RESPONDENT NO.2 The Petitioners and Respondent No.2 respectfully submit as follows: 1. This Joint Compromise Memo is filed voluntarily by the Petitioners and Respondent No.2 out of their free will and consent, seeking quashing of the criminal proceedings pending against the Petitioners. 2. The Petitioners in Crl. Ptn 12268/2024 are accused no. 2 to 4 and Petitioner in Crl. Petition No. 2450/2025 is arrived as Accused no.1 in C.C. No.28443/2024 pending on the file of the 2nd Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.37/2023 registered by Siddapura Police Station, for the alleged offences punishable under Sections 384, 195A, 511 read with Section 34 of the Indian Penal Code and Section 66E of the Information Technology Act, 2000. To avoid repetition of facts, petition memorandum may be read as part and parcel of this application. 3. The dispute giving rise to the above criminal proceedings emanates from matrimonial disputes between accused no.1 (Nayaz Pasha) and the sister of Respondent No.2. Said accused no.1 and sister of Respondent no.2 are husband and wife and out of their matrimonial life there are several litigations arose between the families due to matrimonial discord. 4. During the pendency of the above criminal proceedings, with the intervention of elders, family - 13 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER members and well-wishers, the parties have amicably resolved all their disputes. The settlement has been reduced into writing by way of a comprehensive Memorandum of Settlement dated 25.10.2025 entered into before the Judicial Magistrate First Class Court-II, Bengaluru, in Cri. Misc. No.192/2019, under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. Accordingly, all the petitioners and respondent no.2 along with her sister given consent to resolve her matrimonial dispute and to withdraw all the allegations held against the petitioners. 5. Under the said settlement, all disputes relating to marriage, separation, maintenance, permanent alimony, custody and welfare of the children, visitation rights and all other connected issues have been finally and fully settled. The parties have also agreed to withdraw, quash or not press all civil and criminal proceedings pending against each other, ncluding C.C. No.28443/2024 and connected proceedings before this Hon'ble Court. 6. Respondent No.2 herein states that he has no grievance whatsoever against the Petitioners and has voluntarily agreed to compromise the offences alleged in the above case. Respondent No.2 further states that the settlement has been entered into of his own free will, without any coercion, threat, pressure or undue influence. 7. It is submitted that, The Petitioner (Nayaz Pasha) in Crl.P 2450/2025, the father of the children, hereby undertakes that he shall not withdraw the sum of Rs. 2,50,000/- each deposited in the names of his two children. Furthermore, he confirms that the mother has been appointed as the nominee for the sald Fixed Deposit (FD). 8. The offences alleged against the Petitioners arise out of a private and personal dispute between the parties and do not involve any element of public interest. In view of the settlement, continuation of the criminal proceedings would serve no useful purpose and would amount to abuse of the process of law. - 14 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER WHEREFORE, the Petitioners and Respondent No.2 jointly pray that this Hon'ble Court may be pleased to accept the above Joint compromise Memo of and quash the criminal proceedings in C.C. No.28443/2024 arising out of Crime No.37/2023 for the offence punishable under section 384, 195A, 511 read with Section 34 of the Indian Penal Code and Section 66E of the Information Technology Act, 2000 registered by Siddapura Police Station, Bengaluru, in so far as the Petitioners are concerned " 8. In light of the compromise arrived at by way of Compromise Petitions between the parties as afore-quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petitions. 9. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. In Crl.P.No.2450/2025, Crl.P.No.12268/2024, proceedings in C.C.No.28443/2024 pending before the 2nd Additional Chief Judicial Magistrate, Bengaluru, stands quashed, qua the petitioners. iii. In Crl.P.No.17113/2025, proceedings in C.C.No.10693/2018 pending before the 30th - 15 - HC-KAR NC: 2026:KHC:6373 CRL.P No. 2450 of 2025 C/W CRL.P No. 12268 of 2024 CRL.P No. 17113 of 2025 AND 1 OTHER Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed, qua the petitioner. iv. In Crl.P.No.35/2026, proceedings in S.C.No.1365/2019 pending before the LV Addl. City Civil and Sessions Judge, Bengaluru, stands quashed, qua the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 97