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2025 DAILYLAW 2935 (KAR)

ASHOK S/O SAKRAPPA HULLIMUDDI v. THE STATE OF KARNATAKA

CRL.P/100152/2025 · 2025-01-30

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:1848 CRL.P No. 100152 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100152 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: ASHOK S/O SAKRAPPA HULLIMUDDI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: BIDRAHALLI, NEAR BAVIKATTI, TQ: MUNDARGI, DIST: GADAG-582 118. … PETITIONER (BY SRI. H.N. GULARADDI AND SMT. YALAGI KAVYA SHIVAPPA, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH MUNDARAGI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. 2. NAGARAJ S/O SHIVAPUTRAVVA HARIJAN, AGE: 29 YEARS, OCC: GOVT. EMPLOYEE, R/O: BIDRAHALLI, NEAR BAVIKATTI, TQ: MUNDARGI, DIST: GADAG-582 118. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. MAHANTESH R. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF BY ITS ORDER DATED: 02.12.2022 IN SPL. SC/ST NO.34/2022 IN ITS CRIME NO.171/2022 BY MUNDARGI P.S. FOR THE OFFENCES PUNISHABLE U/S 323, 504, 506 OF IPC AND U/S 3(1)(R), 3(1)(S) 3(2)(VA) OF SC/ST ACT, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND THEREBY QUASH ENTIRE PROCEEDINGS IN SPL. SC/ST NO.34/2022, PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:30 +0530 - 2 - NC: 2025:KHC-D:1848 CRL.P No. 100152 of 2025 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri Mahantesh R. Patil, learned counsel, has filed a Vakalath on behalf of Respondent No.2. 2. The petitioner has been charge-sheeted for offenses punishable under Sections 323, 504, and 506 of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). 3. The prosecution’s case is that the petitioner-accused allegedly assaulted, threatened, and abused Respondent No.2 with reference to his caste. 4. The parties have filed an application stating that they have amicably settled the dispute among themselves. In terms of the settlement, Respondent No.2 has withdrawn all allegations and has no objection to the quashing of the impugned proceedings. The said application is placed on record. 5. Although the offenses alleged are cognizable and non- compoundable, considering that the parties have amicably resolved their dispute, subjecting the petitioner to trial would serve no meaningful purpose. The probability of conviction is remote and bleak, given the settlement reached between the parties. - 3 - NC: 2025:KHC-D:1848 CRL.P No. 100152 of 2025 Therefore, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. ORDER i) The criminal petition is allowed. ii) The impugned proceedings in Spl. SC/ST No.34/2022 pending on the file of the learned Additional District and Sessions Judge, Gadag is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK LIST NO.: 1 SL NO.: 19