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2026 DAILYLAW 8386 (KAR)

NEEL BRIAN PEREIRA v. THE STATE OF KARNATAKA

WP/9391/2025 · 2026-02-12

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9055 WP No. 9391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9391 OF 2025 (GM-RES) BETWEEN: NEIL BRIAN PEREIRA, S/O IRIN, AGED ABOUT 29 YEARS, R/AT NIXON VILLA, PANDESHWARA SASTHANA, BRAHAMAVARA TALUK, UDUPI DISTRICT – 576 226. …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY S.H.O.KOTA P.S, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. JANE D'SOUZA, S/O DENNIS D'SOUZA, R/A TRINITY VILLA, NEAR MERDIA SANNANNA DAIVADA MANE, BASRUR POST – 576 226, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9055 WP No. 9391 of 2025 KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1; MISS. SHWETHA NAYAK N., ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, PRAYING TO SET ASIDE THE ORDER DATED 26.09.2022 PASSED IN CR.NO. 0125/2022 OF REGISTRATION OF CC NO. 2251/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA (NEW NUMBER CC NO.1106/2023 NOW TRANSFERRED TO ADDL. CIVIL JUDGE AND JMFC, UDUPI) (ANNEXURE-D) IN SO FAR AS THE PETITIONER IS CONCERNED; SET ASIDE THE CHARGESHEET FILED IN CR.NO. 0125/(NEW NUMBER CC NO.1106/2023 NOW TRANSFERRED TO ADDL. CIVIL JUDGE AND JMFC, UDUPI) (ANNEXURE-D IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9055 WP No. 9391 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.2251/2022 for the offences punishable under Sections 447, 354, 323, 504, 506 read with Section 149 of the Indian Penal Code. 2. Heard Sri. Chandranath Ariga K., learned counsel appearing for the petitioner, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Miss. Shwetha Nayak N., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed the Joint Memo along with an affidavit. The Joint Memo reads as follows: “It is respectfully submitted that, the Petitioner and the 2nd Respondent herein have mutually resolved the dispute amicably and have agreed to settle all matters arising out of the charge sheet themselves with the intervention of the well-wishers, the 2nd Respondent herein has agreed for the quashing of the present charge sheet dated 20/09/2022 bearing No.152/2025 in CC.No.2251/2022 by the 1st Respondent Police on the file - 4 - HC-KAR NC: 2026:KHC:9055 WP No. 9391 of 2025 of Addl. Civil Judge and JMFC, kundapura (new Number CC.No.1106/2022 now transferred to Addl. Civil Judge and JMFC, udupi). Hence this memo along with the affidavit may kindly be taken on record and the present Writ Petition be allowed in the interest of justice and equity." 4. In the light of Joint Memo being filed along with an affidavit and offences not being against the State, I deem it appropriate to accept the said Joint Memo and terminate the proceedings against the petitioner in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition is disposed. ii. The order dated 26.09.2022 passed in Cr.No.125/2022 (C.C.No.2251/2022) on the file of Addl. Civil Judge and JMFC, Kundapura (new C.C.No.1106/2023), now transferred to Addl. Civil Judge & JMFC, Udupi, qua the petitioner, is set-aside. iii. Charge sheet filed in Cr.No.125/2022 (new C.C.No.1106/2023) now transferred to Addl. - 5 - HC-KAR NC: 2026:KHC:9055 WP No. 9391 of 2025 Civil Judge & JMFC, Udupi, qua the petitioner stands quashed. iv. This Settlement would not become binding on any other accused. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 12