Mohammed Sahil Alias Suhel Alias Chuva Vs State of Karnataka

MOHAMMED SAHIL ALIAS SUHEL ALIAS CHUVA ALIAS SUHEB ALIAS MOHAMMED JAWAD ALAM S/O AHMED ABBAS JAVEED ALIAS AHAMED, AGED ABOUT 28 YEARS RESIDING AT NO 25, 7^TH CROSS, THIMMAIAH GARDEN, RT NAGAR BANGALORE – 560 032

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ALSO AT NO 25, 2^ND FLOOR, 4^TH MAIN, NEAR JAMIA MASJID 2^ND CROSS, RAHMATH NAGAR RT NAGAR, BANGALORE - 560 032

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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MOHAMMED ULLA BAIG ALIAS NAYER ALIAS MAHMOOD ULLA BAIG S/O LATE WAHAB BAIG, AGED ABOUT 48 YEARS, RESIDENT OF NO 2458/1A, EREKATTE STREETS, 22^ND WEST CROSS, ASHOKA ROAD, LASHKAR MOHALLA MYSORE CITY – 570 001 3. TABREEZ PASHA ALIAS TARJAN S/O LATE AFSAR PASHA AGED ABOUT 27 YEARS, NO 36, 3^RD CROSS, ILYAZ NAGAR, BANASHANKARI LAYOUT BANGALORE – 560 078

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ALSO, NO 36, G CROSS BISMILLAH NAGAR, BANGALORE SOUTH TAVEREKERE, BANGALORE – 560 029 …PETITIONERS

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(BY SRI. AFROZ PASHA, ADVOCATE)

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA BY NARASIMHARAJA POLICE STATION. REP. BY HCGP HIGH COURT OF KARNATAKA HIGH COURT COMPLEX BANGALORE – 560 001.

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NADEEM ULLAH S/O LATE SANAULLAH AGED ABOUT 35 YEARS RESIDING AT NO 09, 2^ND CROSS AJ BLOCK, NR MOHALLAH MYSORE CITY – 570 007

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. IMRAN G., ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.21/2022 (CRIME NO.213/2021) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 365, 323, 324, 341, 342, 506 R/W 34 OF IPC REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE I..E, NARASIMHARAJA POLICE STATION PENDING ON THE FILE OF THE HON’BLE III ADDL. CIVIL JUDGE AND JMFC MYSURU.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners have sought for the following

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relief:-

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“WHEREFORE, the Petitioners most respectfully prays that, this Hon'ble Court may be pleased to quash the entire proceedings in C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506 R/w 34 of IPC registered and charged

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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sheeted by the respondent police i.e., Narasimharaja Police Station pending on the file of Hon'ble III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity.”

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Learned counsel for the petitioners – accused Nos.1 to 3 has filed an Application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C) along with Joint Affidavit duly signed by the petitioners, 2^nd respondent and their respective counsel and the same is taken on record.

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Petitioners – accused Nos.1 to 3, respondent No.2 and

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their counsel are physically present before the Court and they admit the contents of the Application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C) along with Joint Affidavit, which reads as under:-

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“ APPLICATION UNDER SECTION 359 (2) OF BNSS (OLD PROVISION 320(2) OF CR.P.C

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That the above-named petitioners and Respondent no 2 most humble submits that:

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1. That the above-named respondent no 2 has filed the complaint against the above-named petitioners in Cr No 213/2021 same is pending in C.C. No.21/2022 for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34, pending on the file of the Hon'ble III Addl

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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Civil Judge & JMFC Mysuru of the respondent i.e., Narasimharaja Police Station and currently matter is pending for the framing of charges.

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2. That the above-named accused/petitioners have filed the above criminal petition u/s 528 of BNSS to quash the entire proceeding in CC 21/2022.

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3. That, the disputes between the parties have been resolved and they have decided to settle the matter between them.

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4. That, Respondent no 2 have no objections for the quashing of the entire proceeding in CC No 21/2022.

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5. That, the complainant and petitioners have no other claims against each other.

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6. That the above offences are compoundable with the permission of this Hon'ble court.

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7. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire proceeding basis settlement between the parties.

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PRAYER

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Wherefore it is most respectfully prayed that this Hon'ble may please to:

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A. Allow application filed u/s 359 (2) OF BNSS and permit the parties compound the offences.

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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B. Pleased to entire quash the entire proceeding quash the entire proceedings in C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34 of IPC registered and charged sheeted by the respondent police ite Narasimharaja Police station pending on the file of Hon'ble III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity.

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JOINT AFFIDAVIT

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We,

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1. Mohammed Sahil @ Suhel @ Chuva @ Suheb @ Mohammed Jawad Alam S/o Ahmed Abbas Javeed @ Ahamed, aged about 28 years Residing at : No 25, 7th cross, Thimmalah Garden RT Nagar Bangalore - 560032 Also at No 25, 2nd Floor, 4th main, Near Jamia Masjid 2nd cross Rahmath nagar RT Nagar Bangalore - 560032

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2. Mohammed Ulla Baig @ Nayer @ Mahmood Ulla Baig S/o Late Wahab Baig, Aged about 48 years, Resident of; No 2458/1A, Erekatte Streets, 22nd west Cross, Ashoka Road, Lashkar Mohalla Mysore City 570001

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3. Tabreez Pasha @ Tarjan S/o Late Afsar Pasha Aged about 27 years, No 36, 3rd cross, ilyaz nagar, Banashankari Layout Bangalore 560078 Also, No 36, G Cross Bismillah Nagar, Bangalore South Taverekere, Bangalore -560029

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And

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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Nadeem Ullah S/o Late SanaullahAged about 35 years Residing at: No 09, 2nd Cross AJ Block, NR Mohallah Mysore City- 570007

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do hereby solemnly affirm and state on oath as follow.

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1. I Mohammed Sahil @ Suhel @ Chuva @ Suheb @ Mohammed Jawad Alam, Mohammed Ulla Baig @ Nayer @ Mahmood Ulla Baig and Tabreez Pasha @ Tarjan petitioner no1 to 3 in the above case and we are fully conversant with the facts of the case and we are swearing to this affidavit.

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2. I Nadeem Ullah I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit.

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3. We submit that, we have filed an application u/s 359 (2) OF BNSS compound the offences in the above criminal petition.

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4. That, the above mater is pending for the framing of the charges and same will take more time for the closure of the proceeding at the Trial Court.

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5. That, the disputes between us have been resolved and we have decided to settle the matter between them.

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6. That, the complainant and petitioners have no other claims against each other.

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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7. That the we both parties have settled our disputes and matter has been compromised between us in the presence of the well-wisher.

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8. That the above offences are compoundable with the permission of this Hon'ble court.

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9. That, this Hon'ble court have jurisdiction u/s 528 of BNSS to quash the entire FIR basis settlement between the parties.

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10. We submit that, we have settled our disputes with own will and wish without any influence or force.

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What is stated above is true and correct to the best of my knowledge, information and belief.

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wherefore it is most respectfully prayed that this Hon'ble may please to:

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A. Allow application filed u/s 359 (2) OF BNSS and permit the parties compound the offences.

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B. Pleased to entire quash the entire proceeding quash the entire proceedings in C.C. No.21/2022 (Crime No 213/2021) for alleged offences punishable under sections U/s 365, 323, 324, 341, 342, 506R/w 34 of IPC registered and charged sheeted by the respondent police i:e Narasimharaja Police station pending on the file of Hon'ble III Addl Civil Judge & JMFC Mysuru in the interest of justice and equity.”

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NC: 2025:KHC:26945 CRL.P No. 10197 of 2025

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HC-KAR

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In view of the aforesaid settlement entered into between the petitioners and 2^nd respondent, I pass the following:

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ORDER

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(i) The petition is disposed of in terms of Application under Section 359(2) of BNSS (Old Provision 320(2) of Cr.P.C) along with Joint Affidavit dated 17.07.2025.

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(ii) The proceedings in C.C.No.21/2022 (arising out of Crime No.213/2021 of 1^st respondent – Police) registered for the offences punishable under Sections 365, 323, 324, 341, 342, 506 read with Section 34 of IPC pending on the file of III Additional Civil Judge and JMFC, Mysuru, insofar as the petitioners are concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 11 Sl No.: 4

Mohammed Sahil Alias Suhel Alias Chuva v. State of Karnataka

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Mohammed Sahil Alias Suhel Alias Chuva v. State of Karnataka

Case brief

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