- 1 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201629 OF 2024 BETWEEN: 1. SHASHIKALA W/O SAKARE RAMDAS, AGE: 61 YEARS. OCC: HOUSEWIFE, R/O. #31/1 2ND CROSS CPV BLOCK, W.NO.26 MUTTAPPA BLOCK, GANGA NAGAR, RT NAGAR POST BANGALORE- 560032. 2. DHANARAJ S/O MANOHAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. GORNALLI TQ. DIST. BIDAR-585403. 3. SOUBHAGYA W/O DHANARAJ, AGE: 55 YEARS, OCC HOUSEWIFE, R/O. GORNALLI(B) HALLADKERI, BIDAR- 585403. 4. PRAVIN S/O MANOHAR, AGE: 47 YEARS, OCC: PRIVATE WORK, R/O. GORNALLI TQ. DIST. BIDAR- 585403. 5. JEEVAJYOTI (PRIYAJYOTI) W/O PRAVINKUMAR, AGE: 37 YEARS, OCC: HOUSEWIFE, R/O. #31/1 2ND CROSS CPV BLOCK, W.NO.26 MUTTAPPA BLOCK, GANGA NAGAR, RT NAGAR POST BANGALORE-560032. 6. ELGIBATH W/O NAVIN KUMAR, AGE: 40 YEARS, OCC: HEALTH WORKER GOVT. GEN. HOSPITAL CHINCHOLI, DIST. KALABURAGI. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 7. PRAMODINI D/O MANOHAR, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O. 46, CHRISTIAN HOUSE GORNALLI(B) TQ. DIST. BIDAR- 585403. 8. NAVINKUMAR S/O RAJRATNAM, AGE: 47 YEARS, OCC: SOCIAL WORK, R/O. H.NO.18-2-48 CHIDRI CHRISTIAN COLONY, BIDAR-585403. 9. SEWAG S/O SHIVARAJ, AGE: 20 YEARS, OCC: PRIVATE JOB, R/O. NEAR 7TH DAY CHURCH GORNALLI (B), TQ. DIST. BIDAR-585401. 10. DINKAR S/O DHANRAJ, AGE: 29 YEARS, OCC: PRIVATE SERVICE, R/O. HALLADKERI GORNALLI(B) TQ. DIST. BIDAR- 585403. 11. JYOTI W/O SACHIN, AGE: 29 YEARS, OCC: HOUSEWIFE, R/O NEAR SDA CHURCH GORNALLI(B), BIDAR- 585403. …PETITIONERS (BY SRI. AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADV.) AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI GUNJ POLICE STATION BIDAR, REPRESENTED BY, THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 2. KISHORE S/O SUNIL HOSMANI, AGE: 22 YEARS, OCC: STUDENT, R/O. GORNALLI(B) VILLAGE, TQ. DIST. BIDAR 585403. …RESPONDENTS (BY SMT. MAYA T.R., HCGP, HCGP FOR R1 SRI. SHARANABASAPPA K. BABSHETTY, ADV. FOR R2) - 3 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYNG TO ALLOW THE PRESENT CRIMINAL PETITION AND ALSO QUASH THE ENTIRE PROCEEDING OF REGISTERED CASE IN CRIME NO. 147/2024 AT GANDHI GUNJ POLCE STATION, BIDAR. FOR THE OFFENCE PUNISHABLE U/SEC. 115(2), 118(1), 352, 351(2), 190 BNS. THE SAID CASE TRIALED AT PRINCIPAL II JMFC COURT BIDAR. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in Crime No.147/2024 registered by Gandhi Gunj Police Station, Bidar District, for the offences punishable under Sections 115(2), 118(1), 352, 351(2), 190 of BNS, 2023. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.147/2024 was registered by Gandhi Gunj Police Station, Bidar District, for the aforesaid offences against the petitioners herein and four others based on the first information dated 11.10.2024 submitted by Kishor S/o Sunil Hosamani. Assailing the same, the petitioners herein who are - 4 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 accused nos.1 to 5, 7 to 9 & 13 to 15 have approached this Court in this petition. 4. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 06.10.2024, a case and counter case has been registered by the very same police station. On the basis of the first information received from Vijaylaxmi W/o Shivaraj Jojanakar, FIR in Crime No.146/2024 was registered by Gandhi Gunj Police Station, Bidar District, for the offences punishable under Sections 115(2), 118(1), 352, 351(2), 190 of BNS, 2023, against Kishor and six others. On the basis of the first information received from Kishor, who is accused no.1 in Crime No.146/2024, the present FIR in Crime No.147/2024 has been registered against the petitioners and four others. The copy of the FIR in Crime No.146/2024 is made available to this Court by the learned Counsel for respondent no.2. Petitioners have suppressed in this petition about registration of FIR in Crime No.146/2024 and they have suppressed that there is a case and counter case registered by the very same police in respect of the very same incident that had taken place on 06.10.2024. Both the FIRs have been registered after a delay of four days - 5 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 from the alleged date of incident. Since a case and counter case has been registered in respect of the very same incident that had taken place on 06.10.2024, the incident in question is not in dispute. Perusal of the FIR in the case and counter case registered would go to show that both the parties have suffered injuries in the incident that had taken place on 06.10.2024. 5. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried. 6. The Hon’ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. - (1990) Supp. SCC 145, has laid down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS - 6 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 MISHRILAL - (2003)9 SCC 426, and the Hon’ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments. 7. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA - ILR 2010 KAR 1719, has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors. 8. So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute so also the spot of crime, in normal circumstances, the High Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaint prima facie show that - 7 - NC: 2025:KHC-K:1389 CRL.P No. 201629 of 2024 necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in the said event, the inherent power under Section 482 Cr.PC can be exercised by this Court. 9. In the case on hand, perusal of the averments made in the complaint would go to show that there are sufficient material to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK