Karnataka High Court
CRL.P/4689/2026 of IBRAHIM BATHEESH @ IBRAHIM BATHEESH Vs STATE OF KARNATAKA on 29 July 2026
CNR: KAHC010213662026 NC: 2026:KHC:39799 CRL.P No. 4689 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4689 OF 2026 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. IBRAHIM BATHEESH @ IBRAHIM
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4689 OF 2026 (482(Cr.PC)
/ 528(BNSS)
BETWEEN:
1.
IBRAHIM BATHEESH
@ IBRAHIM BATHEESH
S/O MUHAMMAD,
AGED ABOUT 28 YEARS,
R/AT PARANKILA HOUSE,
KANIYOOR, KANYANA VILLAGE,
BANTWAL TALUK, D.K. DISTRICT. 574211
…PETITIONER
(BY SRI. ROHITH B.J.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY SHO,
VITLA POLICE STATION,
BANTWALA TALUK
D K DISTRICT.
THROUGH STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE-560001
2.
JOSEPH D SOUZA
W/OLATE MOURIS D SOUZA,
Digitally
signed by
PADMAVATHI
B K
Location: High
Court of
Karnataka
HC-KAR
AGED 45 YEARS
R/AT KADENGOLU HOUSE
PERUVAL POST AND VILLAGE
BANTWALA TALUK,
D.K. DISTRICT. 574211
…RESPONDENTS
(BY SMT. WAHEEDA M.M. HCGP FOR R1; SRI K.S. ABHIJITH
ADVOCATE FOR R2)
CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO QUASH THE
CHARGE SHEET AND FURTHER PROCEEDINGS IN SPLIT UP CC
NO. 1470/2024 REGISTERED BY VITLA POLICE PENDING ON
THE FILE OF THE HONBLE ADDITIONAL CIVIL JUDGE (JR DN)
AND JMFC BANTWALA, DK DIST REGISTERED FOR OFFENCES
PUNISHABLE SECTIONS 143, 147, 148, 341, 504, 323, 427
READ WITH SECTION 149 OF IPC AND SECTIONS 2(A) AND
2(B) OF THE KARNATAKA PREVENTION OF DESTRUCTION AND
LOSS OF PROPERTY ACT 1981 IN SHORT KPDLP ACT, COPY OF
THE SAME IS HEREWITH PRODUCED AS ANNEXURE-F.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
Heard Sri Rohit B.J., learned counsel appearing for the petitioner, Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1,
HC-KAR
Sri K.S. Abhijith, learned counsel appearing for respondent No.2 and have perused the material placed on record.
2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and filed joint affidavit along with an application under Section 359 r/w Section 528 BNSS Old Section 320 r/w Section 482 of Cr.P.C.. The joint affidavit reads as follows:
"JOINT AFFIDAVIT FILED BY PETITIONER & RESPONDENT NO.2
I.Ibrahim Batheesh @ Ibrahim Batheesh, S/o Muhammad. Aged about 28 years, R/at Parankila House, Kanivoor, Kanyana Village, Mouris D Souza aged 46 years Resident of Kadengolu House, Peruval Bantwal Taluk. D.K. District. 574211 and Joseph D souza S/o Late Mouris D Souza aged 46 years Resident of Kadengolu House, Peruval POst and Village Bantwala Taluk D.K. District today at Bangalore, do hereby solemnly affirm and state on oath as follows:-
1. The 1st party herein is the petitioner/Accused in the above case and the 2nd party herein is Complainant/ Respondent No.2, they both aware about the facts and circumstances of the case.
2. The above named respondent No.2/ Defacto Complainant had lodged a complaint before the K R Nagar Police Police against the accused/ petitioner and others which case was registered as C.C.No. 1228/2018 which is now registered as C.C No 1470/2024 pending on the file of the Hon'ble Additional Civil Judge (Jr Dn) and JMFC Bantwala, D K Dist.
HC-KAR
3. We state that the dispute arising out of C.C.No.1228/2018 which is now registered as C.C.No.1470/2024 has been amicably settled between us with the intervention of elders and family members.
4. The settlement has been arrived at voluntarily, without any force, pressure, or coercion from any quarter. We jointly state that continuation of the criminal proceedings would only result in unnecessary hardship and would not serve the ends of justice. Hence, we jointly pray that this Hon'ble Court may be pleased to permit compounding of the offence and quash the proceedings in the interest of justice.
5. Hence consider the joint affidavit and permit us to compound the offence by allowing the annexed application and consequently quash the Chargesheet and all further proceedings in pending case C.C.No. 1228/2018 which is now registered as C.C No. 1470/2024 or the offence under Sections 143, 147, 148, 341, 504, 323, 427 read with Section 149 of IPC and Sections 2(A) and 2(B) of the Karnataka Prevention of Destruction & Loss o Property Act 1981 in short KPDLP Act to meet the ends o Justice and equity. What is stated above are true and correct to the best of our knowledge, information and belief."
3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint affidavit and close the proceedings against the petitioner in the subject petition.
4. The crime so registered against the petitioner as well as the charge sheet so filed pursuant to the crime in
HC-KAR
C.C.No.1228/2018 which is now registered as C.C.No.1470/2024 stands quashed.
5. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) Proceedings in C.C.No.1228/2018 which is now registered as C.C.No.1470/2024, pending before the learned Additional Civil Judge (Jr.Dn.) & JMFC, Bantwala, D.K., stands quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
HR List No.: 1 Sl No.: 65