- 1 - NC: 2025:KHC:14283 CRL.P No. 6656 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6656 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. YADHUNANDAN S/O LATE LOKAYYA GATTI, AGED ABOUT 44 YEARS R/AT NIRMAY, BEHIND DAIVAGNA KALYANA MANTAPA, HOIGE BAIL, URVA MANGALORE 01. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH URVA POLICE STATION, MANGALORE D K DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU 560001. 2. SRI SUKHPAL POLAL S/O SRI RUKMAYYA POOJARI, AGE ABOUT 37 YEARS, R/AT MANVI NIVAS THOIPA KALLU, 2ND CROSS VAMANJ, UR MANGALURU MANGALURU CITY 01. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 SRI. DILIP KUMAR GOWDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14283 CRL.P No. 6656 of 2024 COURT MAY BE PLEASED TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.79/2023 ON THE FILE OF THE LEARNED II ADDL. DIST. AND SESSIONS JUDGE, MANGALORE, D.K. FOR THE ALLEGED OFFENCE P/U/S 504, 506, 324, 326 AND 307 OF IPC, INCLUDING THE FIR, COMPLAINT AND CHARGE SHEET FILED BY RESPONDENT NO.1 POLICE IN CR.NO.84/2021 (PRODUCED AT DOCUMENTS NOS.1, 2, 3 AND 4). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused, who is facing trial for the offences under Section 504, 506, 324, 326, 307 of IPC, is before this Court seeking relief. 2. The prosecution alleges that, on 22.11.2021, the petitioner assaulted the defacto-complainant with wooden club and iron rod resulting in causing grievous injuries. 3. The parties are present before this Court and have filed an application for compounding, stating that, the dispute in relation to Hoyasala Keladi Award has been amicably resolved, and in terms of the settlement, the defacto-complainant has agreed to withdraw all the allegations against the petitioner and has objection for quashing the impugned proceedings. - 3 - NC: 2025:KHC:14283 CRL.P No. 6656 of 2024 4. Learned High Court Government Pleader submitted that the offence under Section 307 of IPC is punishable upto life imprisonment which constitutes a heinous crime against society and is not compoundable. 5. The arguments of the learned counsel for the parties have been heard, and the application for compounding has been duly examined. 6. The Apex Court in the case of Naushey Ali and Others -vs- State of U.P. and Another, 2025 SCC OnLine SC 292, has referred to the earlier decision in the case of State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, wherein, it is ruled that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves. 7. In the instant case, offences committed are predominantly civil in nature, and not crime against the society, and the parties have amicably resolved the dispute among themselves, and power under Section 320 - 4 - NC: 2025:KHC:14283 CRL.P No. 6656 of 2024 of Code can be exercised for compounding of the offence. Even otherwise, the injured having agreed to withdraw all the allegations against the petitioner, continuing the trial would be futile. Given the circumstances, the probability of conviction appears remote and bleak, especially since the injured has turned hostile. Therefore, allowing the criminal proceedings to continue would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned proceedings in S.C.No.79/2023 on the file of the learned II Addl. District and Sessions Judge, Mangalore, Dakshina Kannada in Crime No.846/2021, registered by the Urva Police Station, Mangaluru, insofar it relates to the petitioner-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR,List No.: 4 Sl No.: 15