- 1 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1926 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI MADEV KHARVI, C/O GOVINDA, AGED ABOUT 50 YEARS, R/AT KOLLURIMANE, TALAGOD, MAVINKURVE P.O. BHATKAL – 581 320. 2. SRI. RAGHAVENDRA MANJUNATH KHARVI, S/O MANJUNATH, AGED ABOUT 40 YEARS, R/AT KARIKAL, TALGOD, BHATKAL – 581 320. 3. SRI. SUBRAMANI KHARVI S/O THIMMAPPA KHARVI, AGED ABOUT 37 YEARS, R/AT 190, BUNDER MAVINKURVE PO BHATKAL – 581 320 4. SRI. NAGESH KHARVI S/O NARAYAN KHARVI, AGED ABOUT 38 YEARS, R/AT 82, BUNDER MAVINKURVE P. O. BHATKAL – 581 320 5. SRI. AKSHAY SUBRAY DEVADIG S/O SUBRAYA DEVADIGA, AGED ABOUT 23 YEARS, R/AT BALEHITLU, HEBLE, BHATKAL – 581 320. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 6. SRI. NAGAPPA VASUDEV KHARVI S/O VASUDEV KHARVI, AGED ABOUT 52 YEARS, R/AT 171, BUNDER MAVINKUVE P. O., BHATKAL – 581 320 7. SRI. VISHWANATH KHARVI S/O SHESHA KHARVI, AGED ABOUT 46 YEARS R/AT 187, SHIVAYYANAMANE, BUNDER, MAVINKURVE P. O., BHATKAL – 581 320. 8. SRI. JANARDHAN KHARVI S/O NARASIMHA KHARVI, AGED ABOUT 44 YEARS R/AT PAKRU MANE, MAVINKURVE P. O., BHATKAL – 581 320. 9. SRI KARNA KUPPA KHARVI S/O KUPPA KHARVI, AGED ABOUT 39 YEARS, R/AT 91, KOCCHI MANE BEACH SIDE, TALGOD, MAVINAKURVE P. O., BHATKAL – 581 320 10. SRI RAMA KHARVI, SO MADEV KHARVI, AGED ABOUT 55 YEARS, R/AT 23, MATASSHREE NILYA, TALGOD, BHATKAL – 581 320 11. SRI KRISHNA NAGAPPA KHARVI, S/O NAGAPPA KHARVI, AGED ABOTU 54 YEARS, R/AT 192 BUNDER, MAVINKURVE P. O., BHATKAL – 581 320. 12. SRI NARASIMHA KHARVI, S/O ANNAPPA KHARVI, AGED ABOUT 57 YEARS OLD, R/AT MAVIKURVE P. O., BHATWAL – 581 320 - 3 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 13. SRI NAGESH KHARVI, S/O SHESHA KHARVI, AGED ABOUT 54 YEARS, R/AT # 264F, JYOTHI SWAROOPA, KARIKAL, BHATKAL – 581 320. 14. SRI SHRIDHAR KHARVI, S/O DURGAYYA KHARVI AGED ABOUTY 43 YEARS R/AT # 92, TALGOD, MAVINKURUVE P. O., BHATKAL – 581 320. 15. SRI RAMA KAHRVI, S/O NARAYAN KHARVI, AGED ABOU5 56 YEARS, R/AT 41B, JANATAMANE, KARIKAL, MAVINKURVE P. O., BHATKAL – 581 320 16. SRI. MADEV KHARVI, S/O KRISHNA KHARVI, AGED ABOUT 42 YEARS, R/AT 87/B, BUNDER ROAD, MAVINKURVE P.O., BHATKAL – 581 320 17. SRI SHIVRAJA KHARVI, S/O RAMA KHARVI, AGED ABOUT 37 YEARS, R/AT # 113, KAMAYYANNA MANE, BUNDER ROAD, BELNI UTTAR KARNATAKA – 581 320 18. SRI KASHINATH NAGAPPA KHARVI, S/O NAGAPPA KHARVI, AGED ABOUT 45 YEARS, R/AT MAVINKURVE, BHATKAL, UTTAR KANNADA – 581 320. 19. SRI. VENKATESH KHARVI, S/O NARAYAN KHARVI, AGED ABOUT 46 YEARS, R/AT # 605, PUTTAJJIMANE, MUNDALLI, BHATKAL, UTTAR KANNADA – 581 320 - 4 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 20. SRI. SHRIKANTH KHARVI, S/O DURGAYYA KHARVI, AGED ABOUT 46 YEARS, R/AT TALAGOD, MAVINKUVE, BHATKAL, UTTAR KANNADA – 581 320 21. SRI. BALACHANDRA KHARVI, S/O RAMA KHARVI, AGED ABOUT 46 YEARS, R/AT PANDU MANE, BUNDER, MAVINKURVE, BHATKAL, UTTAR KANNADA – 581 320 22. SRI. SURESH LAKSHMAN KHARVI, S/O LAKSHMAN KHARVI, AGED ABOUT 48 YEARS, R/AT BUDDANNA MANE, TALGOD, MAVINKURVE, BHATKAL, UTTAR KANNADA – 581 320 23. SRI. DAMODAR MASTI MOGER, S/O MASTI MOGER, AGED ABOUT 47 YEARS, R/AT # 103/3, BALEHITLU HEBLE, BHATKAL, UTTAR KANNADA – 581 320 24. SRI. SRIKANTH HONNAPPA MOGER, S/O HONNAPPA MOGER, AGED ABOUT 38 YEARS, R/AT # 173, GANDHI NAGAR, HEBLE, BHATKAL, UTTAR KANNADA – 581 320 25. SRI. PARAMESHWAR MOGER, S/O SOMAYYA MOGER, AGED ABOUT 50 YEARS, R/AT 67, HERTAR, BHATKAL, UTTAR KANNADA – 581 320 26. SRI. RAJESH NAGAPPA MOGER, S/O NAGAPPA MASTI MOGER, AGED ABOUT 37 YEARS, R/AT 105 A, KAKANA MANE, MOGERKERI, BHATKAL, BELKE, UTTAR KANNADA – 581 320 - 5 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 27. SRI. GANAPATHI NARAYAN DEVADIGA, S/O NARAYAN DEVADIGA, AGED ABOUT 38 YEARS, R/AT BALEHITLU, HEBLE, BHATKAL, UTTAR KANNADA – 581 320 28. SRI. YASHAVANT MASTI MOGER, S/O NARAYANA DEVADIGA, AGED ABOUT 47 YEARS, R/AT NO. 67, ALVEKODI, SHIRALI, UTTAR KANNADA – 581 354 29. SRI PUNITH SUBRAY MOGER S/O BERMA, GED ABUT 29 YEARS, R./AT NO 200, ALVEKODI SHIRALI, BHATKAL, UTTARA KANNADA – 581 354 30. RAJU SHANIYAR MOGER S/O SHANIYAR MOGER, AGED ABOUT 40 YEARS, R/AT 198/1, ALVEKODI, SHIRALI, BHATKAL, UTTAR KANNADA – 581 354 31. SRI MANJAPPA SHARIYAR MOGER S/O SHANIYAR MOGAR AGED ABOUT 52 YEARS R/AT 166/A, SHIRALI, ATVEKODI, BHATKAL UTTAR KANNADA – 581 354 32. SRI SADASHIV MOGER S/O DEVAPPA MOGER, AGED ABOUT 48 YEARS, R/AT ANGADIMANE, ALVEDODI, SHIRALI, BHATKAL UTTAR KANNADA – 581 354 33. MANJUNATH SANKAYYA MOGER, S/O SANKAYYA MOGER, AGED ABOUT 62 YEARS, R/AT # 143, ALVEKODI, SHIRALI, UTTAR KANNADA – 581 354 - 6 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 34. SRI VINAYAK SHANIYAR MOGER, S/O SHANIYAR MOGER, AGED ABOUT 45 YEARS, R/AT NO 132, ALVEKODI SHIRALI, BHATKAL, UTTAR KANNDA – 581 354 35. SRI MASTI KARIYAPPA MOGER S/O KARIYAPPA SURALIKE AGED ABOUT 62 YEARS R/AT NO 255, A MOGER KERI, SHIRALI, BHATKAL UTTAR KANNADA – 581 354 36. SRI MAHADEV GOVIND MOGER S/O GOVINDA TULSIMANE, AGED ABOUT 53 YEARS, R/AT TULASIMANE, ALVEKODI SHIRALI, BHATKAL, UTTAR KANNADA – 581 354 37. SRI TULASIDAR MOGER, S/O MALLA MOGER, AGED ABOUT 37 YEARS, R/AT POOJARIMANE BELKE, BHATKAL, UTTAR KANNADA – 581 320 38. SRI DAMODAR B. MOGER, S/O BERMA MOGER, AGED ABOUT 59 YEARS, R/AT KODIHITTAL, ALVEKODI SHIRALI, NO 281, CHITRA, BHATKAL, UTTAR KANNDA – 581 354 …PETITIONERS (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MALPE PS REP. BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. 2. SRI. CHETHAN SALIAN S/O SRI SANJEEV SALIAN, AGED ABOUT 42 YEARS, - 7 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 R/AT NEAR SHIVA PANCHAKSHARI, BHAJANA MANDIRA, MALPE, SANJEEVINI KOLA, KODAVOORU UDUPI – 576 108. …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SMT. MAHALAKSHMI N., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1906/2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI ALONG WITH FIR, COMPLAINT AND CHARGE SHEET IN CR.NO.31/2024 REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 395, 365, 342 AND 149 OF IPC (PRODUCED AT DOCUMENT NO.1, 2, 3 AND 4) AND ETC. 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, petitioners have sought for the following relief:- “(a) Call for records; Allow this Criminal Petition and quash the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395,365,342 and 149 of IPC. (Produced at Document No.1, 2, 3 and 4) in the interest of justice and equity. (b) Alternatively transfer the FIR registered against the Petitioners herein in Crime No. 0031/2024 from the file of Malpe Police Station to the file of Bhatkal Police - 8 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 Station and direct the Bhatkal Police to investigate the same. (c) Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused and learned counsel for respondent No.2 – complainant have filed a Memorandum of Compromise Petition under Section 320 R/w. 482 of the Code of Criminal Procedure, 1973, dated 24.06.2025, duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused, respondent No.2-complainant and their respective counsel are physically present before the Court and they admit the contents of Memorandum of Compromise Petition, which reads as under:- “MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 320 R/W 482 OF CODE OF CRIMINAL PROCEDURE, 1973. The Petitioners and the Respondent No.2 above named most respectfully submits as follows: 1. The Petitioners herein have challenged the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, - 9 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 complaint and charge-sheet in crime по. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC, along with other consequential reliefs. 2. It is submitted that the Petitioners and Respondent No.2 in the above criminal petition have settled their intersay misunderstanding and dispute with the intervention and advices of well-wishers and elderly members of their respective families. The parties have settled their dispute amicably and they no longer intend to pursue the proceedings challenged in the above criminal petition. The Respondent No.2 who is the de-facto complainant is present before this Hon'ble Court and has filed an affidavit in support of this compromise petition, request and gives his no objection for quashing the entire proceedings in C.C. No. 1906/2024 on the file of Pri. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC as prayed for in order to secure the ends of justice and to prevent the abuse of process of law. 3. Further, the Petitioners have also filed a Complaint against the Respondent No.2 and the same came to be registered as Crime No.50/2024 by the Bhatkal PS. The Bhatkal police have filed B-final Report in the said crime. However, the Petitioners have challenged the - 10 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 B- final Report by filing a protest petition. The Petitioners and Respondent No.2 have amicably come to the conclusion that pursuant to the compromise in the above criminal petition the Petitioners shall withdraw the Complaint and Protest Petition filed to the B- final Report in Crime No. 50/2024 registered by the Bhatkal PS. 4. Further, the Petitioners and the Respondent No.2 submit that they have entered into this compromise without any undue influence or any coercion, they have amicably settled the matter on their own free will. 5. The ID proof of the Petitioners and Respondent No.2 is produced along with this memorandum of compromise petition. The same may be kindly taken on record. WHEREFORE, this Hon'ble court may kindly be pleased to permit the Petitioners/Accused and Respondent No.2 to compound and compromise the above proceedings and accordingly quash the entire proceedings in C.C No. 1906/2024 on the file of Prl. Senior Civil Judge and CJM, Udupi along with FIR, complaint and charge-sheet in crime no. 31/2024 registered by the Respondent No.1 Police for the offences punishable under section 395, 365, 342 and 149 of IPC in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: - 11 - HC-KAR NC: 2025:KHC:22231 CRL.P No. 1926 of 2025 ORDER (i) The petition is disposed of in terms of Joint Memorandum of Compromise Petition under Section 320 R/w. 482 of the Code of Criminal Procedure, 1973, dated 24.06.2025. (ii) The proceedings in C.C.No.1906/2024 (arising out of Crime No.31/2024 of 1st respondent – Police) registered for the offences punishable under Sections 395, 365, 342 R/w. 149 of IPC pending on the file of the Principal Senior Civil Judge and CJM, Udupi, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 12