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2026 DAILYLAW 53947 (KAR)

ZEESHAN S/O ROUFKHAN KARIKATI v. THE STATE OF KARNATAKA

CRL.P/105275/2025 · 2026-02-02

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1394 CRL.P No. 105275 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105275 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. ZEESHAN S/O ROUFKHAN KARIKATTI, AGE. 31 YEARS, OCC. SELF EMPLOYED, R/O. AZAD NAGAR, 1ST CROSS, MALAPUR LAS BUS STOP, DHARWAD-580008. 2. ABRAR @ SAYED ABRAR S/O NOOR AHMED GODIYAL AGE. 31 YEARS, OCC. SELF EMPLOYED, R/O. KHADRI CIRCLE, BEHIND ARABI MADARSA, MALAPUR, DHARWAD-580008. 3. NADEEM @ NADEEMA S/O MOHAMMED YUSUF KANKUR AGE. 29 YEARS, OCC. SELF EMPLOYED, R/O. HOSAYALLAPUR CHAVANI ONI, DHARWAD-580001. 4. MASOOM S/O. RAYASUDDIN SAIFY, AGE. 22 YEARS, OCC. SELF EMPLOYED, R/O SODAPUR, TQ. PANIPAH, ST: DELHI NOW AT GLAM UP HAIR STUDIO, NEAR KCD COLLEGE, SAPAPUR, DHARWAD-580001. …PETITIONERS (BY SRI M.A. PATHAN, ADVOCATE) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.04 16:17:32 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1394 CRL.P No. 105275 of 2025 AND: 1. THE STATE OF KARNATAKA, (THROUGH P.I. DHARWAD SUB-URBAN POLICE STATION) R/BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING, DHARWAD-580001. 2. MWAMBA OMWENGA S/O NASHON ONDIEKI GIDEON, AGE. 26 YEARS, OCC. STUDENT, R/O. KIS II CENTRAL DISTRICT, RIGENA, KENYA, NOW AT PLOT NO.866, VANASHRI NAGAR, SATTUR, DHARWAD-580009. …RESPONDENTS (BY SMT. KIRTILATA R. PATI, HCGP FOR R1; SRI. AL HUSSAIN SHALIBAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE F.I.R AND COMPLAINT IN DHARWAD SUB- URBAN POLICE STATION POLICE STATION CRIME NO. 131/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 109, 115 (2), 3(5), 126(2), 127(2), 118(1), 351(2) AND SECTION 352 OF B.N.S. AGAINST THE ABOVE NAMED PETITIONERS/ACCUSED NO.1 TO 4 PENDING ON THE FILE OF PRINCIPAL CJ (JR. DIV) JMFC COURT, DHARWAD. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1394 CRL.P No. 105275 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Petitioners present. Second respondent present. Sri Prabhu R.Ganganahalli, Investigation Officer of Dharwad Sub-Urban Police Station present. 2. Second respondent is a Kenyan and he had lodged the complaint against the petitioners herein which was registered in Crime No.131/2025 for the following offences 109, 115 (2), 3(5), 126(2), 127(2), 118(1), 351(2) and Section 352 of B.N.S. 3. It is now submitted that there is an amicable settlement between the complainant and petitioners and therefore, they have presented an application for compounding the offence signed by the parties and their respective advocates. 4. On enquiry, it is noticed that there is a true settlement among the parties. As such, though offences alleged against the petitioners are non-compoundable in nature, by exercising the power vested in this Court under Section 528 BNSS, and also following the dictum of the Hon'ble Apex Court in the case of Ramgopal and another v. State of Madhya - 4 - HC-KAR NC: 2026:KHC-D:1394 CRL.P No. 105275 of 2025 Pradesh reported in (2022) 14 SCC 531, following order is passed. ORDER i. Application is allowed. Petition disposed of. ii. Consequently, pending proceedings in Crime No.131/2025 on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Dharwad is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 3 SL NO.: 70