- 1 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200422 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO.201004 OF 2025 (482(Cr.PC)/528(BNSS)) IN CRL.P.NO.200422/2025: BETWEEN: 1. KAMAGOND S/O DIGAMBER METRE, AGE:36 YEARS, OCC: FARMER, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR–585443. 2. SWATI W/O SANGAMESH METRE, AGE:28 YEARS, OCC: HOUSE-WIFE, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR–585443. 3. VIDYAVATI W/O CHANNAPPA METRE, AGE:50 YEARS, OCC: HOUSE-WIFE, R/O. HUNAJI (J) VILLAGE, TQ. BHALKI, DIST.BIDAR–585328. 4. DIGAMBAR S/O RAYAPPA METRE, AGE:80 YEARS, OCC: FARMER, R/O. BELAKUNI (B), Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 TQ.KAMALANAGAR, DIST.BIDAR-585443. …PETITIONERS (BY SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KAMALANAGAR POLICE STATION, DIST.BIDAR, REPRESENTED BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585107. 2. SHIVKUMAR S/O NIVARTI METRE, AGE:51 YEARS, OCC: FARMER, R/O. BELAKUNI (B), TQ.KAMALANAGAR, DIST.BIDAR – 585443. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SMT. LAKSHMI G.E., ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE REGISTRATION OF FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE U/SEC. 115(2), 118(1), 351(2), 352 R/W SEC. 190 BNS ACT, BY THE KAMALANAGAR P.S., DIST. BIDAR, NOW CASE PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT AT AURAD, DIST BIDAR, IN CRIME NO.134/2024. IN CRL.P.NO.201004/2025: BETWEEN: 1. SHIVAKUMAR S/O NIVARTI METRE, - 3 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 AGE:51 YEARS, OCC: FARMER, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401. 2. SONI D/O SANGRAM METRE, AGE:25 YEARS, OCC: HOUSE HOLD, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401. 3. PRIYANKA D/O SANGRAM METRE, AGE:23 YEARS, OCC: HOUSE HOLD, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401. 4. SUNITA W/O SANGRAM METRE, AGE:50 YEARS, OCC: HOUSEWIFE, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401. 5. SANGRAM S/O NIVARTI METRE, AGE:54 YEARS, OCC: FARMER, R/O. BELKUNI (B), TQ. KAMALNAGAR, DIST. BIDAR-585401. …PETITIONERS (BY SMT. LAKSHMI G.E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS KAMALNAGAR POLICE STATION, REP BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI 585103. 2. PRAYAGABAI W/O DIGAMBER METRE, AGE:79 YEARS, OCC: HOUSEWIFE, R/O. BELAKUNI (B) VILLAGE, TQ. KAMALNAGAR, DIST. BIDAR-585401. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; R2 SERVED) - 4 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, ALLOW THIS PETITION AND THEREBY QUASH THE IMPUGNED COMPLAINT AND FIR IN CRIME NO.133/2024 FOR OFFENCE PUNISHABLE U/SEC 115(2), 118(1), 190, 329(4), 351(2), 352 OF BNS ACT NOW PENDING ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AND JMFC COURT AT AURAD. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Parties are present. There is no possibility of amicable settlement. 2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent – State. 3. These two matters are pending before the Trial Court based on the complaint and counter complaint lodged in Crime No.134/2024 and in Crime No.133/2024 of Kamlanagar police station, Bidar district. - 5 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 4. Since there is a case and counter case, quashing of FIR is impermissible in the absence of any amicable settlement among the parties in view of the principles of law enunciated by the Full Bench of this Court in the case of State Of Karnataka vs. Hosakeri Ningappa @ Lingappa reported in ILR 2012 KAR 509. 5. Accordingly, following order is passed: ORDER a) Both the petitions are dismissed. b) Both the cases are to be investigated by the one and the same Investigation Officer of Kamlanagar police station, Bidar district, strictly in accordance with the directions issued by the Full Bench of this Court in the case of Hosakeri Ningappa @ Lingappa referred to supra and file appropriate final report. - 6 - HC-KAR NC: 2025:KHC-K:3530 CRL.P No. 200422 of 2025 C/W CRL.P No. 201004 of 2025 c) In view of disposal of main petitions, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 32 CT:PK