- 1 - NC: 2025:KHC:7791 CRL.P No. 1775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1775 OF 2025 BETWEEN: IKKU @ IQBAL S/O M P HAJI MONU, AGE 36 YEARS, R/O AJAD NAGAR MULARA PATNA, ARALA VILALGE BANTWAL, D. K. DISTRICT - 574 211. …PETITIONER (BY SRI. DEEPAK S. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY BANTWAL RURAL POLICE STATION THROUGH STATE PUBLIC PORSECUTOR - 574 219. 2. UMESH NAYAK S/O GANESH NAYAK AGED ABOUT 44 YEARS R/O KOMBETTU HOUSE IRUVAIL VILLAGE, MANGALORE TALUK DAKHINA KANNADA DISTRICT - 574 197. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADLL. SPP. FOR R1; SRI. YASHODAR SHETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN THE FILE OF COURT OF ADDL. CIVIL JUDGE AND JMFC AT BANTWAL DAKSHINA KANNADA IN C.C.NO.803/2013 ALSO RENUMBERED AS LPC 1/2024 ON THE COMPLAINT FILED BY THE RESPONDENT AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES P/U/S 341, 504, 323, 324, 506, 427 OF IPC, BY ALLOWING THIS CRIMINAL PETITION WITH COST THROUGHTOUT. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7791 CRL.P No. 1775 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:- “Quash the entire proceedings pending on the file of Court of Additional Civil Judge and JMFC at Bantwal Dakshina Kannada in CC No.803/2013 on the complaint filed by the respondent against the petitioners herein for the alleged offences punishable under the offences under section 341, 504, 323, 324, 506, 427 of IPC by allowing the criminal petition with cost throughout in the ends of justice and equity." 2. Learned counsel for the petitioner – accused No.4 and learned counsel for respondent No.2– complainant have filed an application under Section 320 read with Section 482 of Cr.P.C along with joint affidavit for compromise duly signed by the petitioner, respondent No.2 and their respective counsels and the same are taken on record. 3. Petitioner – accused No.4 and respondent No.2 are physically present before the Court and they admit the contents of the application and affidavits, which read as under:- "The petitioners respectfully submit as under: 1. The petitioner filed this criminal petition is seeking for quashing of the entire proceedings CC No 803/2013 - 3 - NC: 2025:KHC:7791 CRL.P No. 1775 of 2025 pending in the file of Court of Addl. Civil Judge and JMFC at Bantwal, Dakshina Kannada District, Bantwal Police Station Crime No 196/2009 pending before Addl. Civil Judge and JMFC at Bantwal, Dakshina Kannada District, in Bantwal on the complaint filed by the first respondent against the petitioners herein for the alleged offences punishable under the offences under 341,504,323,324,506,427 of I.P.C. Section 2. The above named parties submits that, during the pendency of the case, the parties are agreed to settle the matter amicably outside of the court through the well- wishers, elders and friends to put an end to the above litigation. 3. The both parties submits that the said criminal case is arising out of misunderstanding and miscommunication. The complaint is filed by respondent no 2 herein Alleging that the accused No 1 to 4 has pickup quarrel with respondent No 2 and abused with filthy language and assaulted the complainant. As such, Police has registered case as per complaint filed because of misunderstanding between them due miscommunication. Hence, all the parties herein agrees for quashing the above said case. 4. It is submitted that, in view of settlement the matter by way of compromise and the respondent No.1 has willfully agreed to withdraw the allegations made against the petitioner. WHEREFORE, both the, petitioner and respondent prays that this Hon'ble Court be pleased to quash by compounding the offence punishable Under Section 341,504,323,324,506,427 of I.P.C in CC No 803/2013 pending in the file of Court of Addl. Civil Jduge and JMFC at Bantwal, Dakshina Kannada District, Bantwal Police Station Crime No 196/2009 on the complaint filed by the first respondent against the petitioners herein and acquit the petitioner/accused in the interest of Justice." Joint Affidavit "WE, 1. Ikku@Iqbal S/o Haji Monu Aged about 36 years R/o R/o Ajad Nagar, Mularapatna Arala village, Bantwal, - 4 - NC: 2025:KHC:7791 CRL.P No. 1775 of 2025 Dakshina Kannada District. And_2. Umesh nayak S/o ganesh Nayak, Aged About:44 Years R/o Kombettu House, Iruvali Village, Mangalore Taluk, Dakshin Kannada District Presently residing at 8-63(A4), Saralabettu, Manipal, VTC Udupi Po: Manipal District: Udupi-576104, do hereby solemnly affirms and state as follows: 2. We are well conversant with the facts of the above application. Hence, we are swearing to this joint affidavit. 3. The averments made in the accompanying application from paras 1 to 4 for settlement and to quash the proceedings are true and correct to the best of our knowledge, information and belief. 4. We states that that, during the pendency of the case, we are agreed to settle the matter amicably outside of the court through the well-wishers, elders and friends to put an end to the above litigation. 5. We states that the said criminal case is arising out of miscommunication and misunderstanding. The complaint is filed alleging that the accused No 1 has pickup quarrel with respondent No.2 and abused with filthy language and assaulted the complainant. As such, Police has registered case as per complaint filed because of misunderstanding between them due miscommunication. Hence, we all the parties herein agrees for quashing the above said case. In view of this Petitioners and Respondent No.2 humbly Prays before this Hon'ble Court be pleased to quash the entire proceedings offence punishable Under Section 341,504,323,324,506,427 of I.P.C in CC No 803/2013 pending in the file of Court of Addl. Civil Judge and JMFC at Bantwal, Dakshina Kannada District, arising out of Bantwal Police Station Crime No 196/2009 on the complaint filed by - 5 - NC: 2025:KHC:7791 CRL.P No. 1775 of 2025 the first respondent against the petitioners herein and acquit the petitioner/accused in the interest of Justice. 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the application under Section 320 read with 482 of Cr.P.C for compromise dated 20.02.2025. (ii) The proceedings in C.C.No.803/2013 (arising out of Crime No.196/2009 of respondent No.1 – Police) registered for the offences punishable under Sections 341, 504, 323, 324, 506 and 427 of IPC, pending on the file of Additional Civil Judge and JMFC, Bantwal, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 96