- 1 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100373 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100567 OF 2025 IN CRL.P. NO.100373 OF 2025: BETWEEN: 1. MAHAMMEDSADIQ S/O. ABDULRAHIMANSAB VALIKAR @ OLEKAR, AGE. 50 YEARS, OCC. DOCTOR, R/O. ANIHONDA, 2ND CROSS, HAVERI, DIST. HAVERI-581110. 2. MAHMMEDUNNES S/O. ABDULRAHIMANSAB VALIKAR @ OLEKER, AGE. 38 YEARS, OCC. BUSINESS, R/O. ANIHONDA, 2ND CROSS, HAVERI, DIST. HAVERI-581110. 3. JAKIRHUSEN S/O. IMAMSAB VALIKAR AGE. 48 YEARS, OCC. BUSINESS, R/O. ANIHONDA, 2ND CROSS, HAVERI, DIST. HAVERI-581110. 4. ROSHAN SATTARSAB HULAGERI AGE. 3 YEARS, OCC. BUSINESS, R/O. MAKANGALLI, BASTIBAVI, TQ. HAVERI, DIST. HAVERI-581110. 5. DADAPEER ISAMALISAB CHUDIGAR AGE. 38 YEARS, OCC. BUSINESS, R/O. ANIHONDA, 2ND CROSS, HAVERI, DIST. HAVERI-581110. 6. MAHAMEDYASIN S/O. MAHAMMED KASIM WALIKAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:37 +0530 - 2 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 @ OLEKAR @ MAHAMMED YASIN S/O. ABDUL REHAMAN WALIKAR, AGE: 44 YEARS, OCC: BUSINESS, R/O. VASASUBA 97, 4TH CROSS, JUDICIAL LAYOUT, 2ND STAGE, BENGALURU. …PETITIONERS (BY SRI. VIDYASHANKAR G. DALAWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING DHARWAD, THROUGH PSI, HAVERI WOMEN PS., DIST. HAVERI-581110. 2. GULFAM BANU W/O. IMTIYAZ AHMAD GULEDAGUDDA, AGE. 62 YEARS, OCC. HOUSEWIFE, R/O. MURAGHARAJENDRA NAGAR, HAVERI, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. VIJAYENDRA BHIMAKKANAVAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NOS.1 TO 6 BY HAVERI WOMEN P.S. IN CRIME NO.0076/2024 FOR THE OFFENCES PUNISHABLE U/S 336(2), 336(3), 189(2), 191(2), 329(3), 324, 352, 115(2), 54, 109(1), 74, 190 OF BNS 2023, PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM COURT, HAVERI. CRL.P. NO. 100567 OF 2025: BETWEEN: 1. SMT. GULFHAMBANU W/O. IMTIYAZAHMED GULEDAGUDDA, AGE. 62 YEARS, OCC. HOUSEHOLD, R/O. MURUGRAJENDRA NAGAR, HAVERI, DIST. HAVERI-581110, - 3 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 2. IMTIYAZAHMED S/O. BUDANSAB GULEDAGUDDA, AGE. 61 YEARS, OCC. SERVICE, R/O. MURUGRAJENDRA NAGAR, HAVERI, DIST. HAVERI-581110. 3. ROSHANJAMEER S/O. IMTIYAZAHMED GULEDAGUDDA, AGE. 35 YEARS, OCC. SERVICE, R/O. MURUGRAJENDRA NAGAR, HAVERI, DIST. HAVERI-581110. 4. ABBASALI S/O. IMTIYAZAHMED GULEDAGUDDA AGE. 34 YEARS, OCC. SERVICE, R/O. MURUGRAJENDRA NAGAR, HAVERI, DIST. HAVERI-581110. 5. SMT. NAJEEYAHASAN W/O. HASANALI PATIL AGE. 36 YEARS, OCC. SERVICE, R/O. BENAKANAHALLI, HAVERI, DIST. HAVERI-581110. 6. HASANALI S/O. AJAMPATEL PATIL AGE. 37 YEARS, OCC. SERVICE, R/O. BENAKANAHALLI, HAVERI, DIST. HAVERI-581110. …PETITIONERS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HAVERI WOMAN POLICE STATION, HAVERI, NOW REPTD. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT. DHARWAD-580009. 2. SMT. MEHAK W/O. MAHAMADASADIK OLEKAR AGE. 35 YEARS, OCC. NIL, R/O. AANIHONDA 2ND CROSS, MURUGRAJENDRA NAGAR, - 4 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 HAVERI, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH/SET ASIDE THE IMPUGNED COMPLAINT AND FIR VIDE ANNEXURE-A AND B DATED 07.11.2024 REGISTERED AGAINST THE ACCUSED NO.1 TO 6/PETITIONERS IN HAVERI WOMEN P.S. CRIME NO.78/2024 NOW PENDING ON THE FILE OF CIVIL JUDGE (SR.DN) AND CJM HAVERI, FOR THE OFFENCES PUNISHABLE U/S 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2) AND 76 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 IN SO FAR AS ACCUSED NO.1 TO 6/PETITIONERS. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Since these cases arise out of a case and counter-case, they are disposed of by a common order. Crl.P No. 100567/2025 2. The petitioners, who are facing charges for offenses punishable under Sections 109(1), 115(2), 189(2), 190, 191(2), 191(3), 351(2), and 76 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS, 2023”), have approached this Court seeking relief. 3. Respondent No.2 lodged an FIR stating that Accused No.1, who has no connection with the property in question, filed a suit in O.S. No. 259/2025. During the pendency of the said suit, on 05.11.2024, the petitioners, along with others, allegedly trespassed into the complainant’s house, abused her, and threatened her with dire consequences. - 5 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 Crl.P No. 100373/2025 4. The learned counsel for the petitioners is permitted to implead Petitioner No.6 and amend the cause title accordingly. 5. The petitioners, who are facing investigation for offenses punishable under Sections 336(2), 336(3), 189(2), 191(2), 329(3), 324, 352, 115(2), 54, 109(1), 74, and 190 of BNS, 2023, have approached this Court seeking relief. 6. In Crl.P No. 100373/2025, Respondent No.2 lodged an FIR stating that she, being the daughter of Basirabeguam Noorjahan, is the owner of the subject property. She alleged that Accused No.1, by creating forged documents, got his name mutated in the revenue records concerning the said property. She further stated that Accused No.1 challenged the same by filing a suit in O.S. No. 259/2024. During the pendency of the suit, on 31.10.2024, the accused, along with others, allegedly formed an unlawful assembly, trespassed onto the property with a JCB, and attempted to demolish houses situated thereon. It is further alleged that the accused abused and physically assaulted the complainant. 7. Heard the learned counsel for the parties. 8. A perusal of the complaint indicates that both a case and a counter-case have been filed, and the allegations in the FIR arise from a dispute concerning the subject property. During the pendency of O.S. No. 259/2024, a suit for declaration of title before the Civil Court, the parties entered into a compromise. In terms of the settlement, the petitioners in Crl.P No. 100567/2025 have - 6 - NC: 2025:KHC-D:2399 CRL.P No. 100373 of 2025 C/W CRL.P No. 100567 of 2025 compromised, and the said suit was decreed on 04.12.2024. The parties have agreed to withdraw all allegations made against each other and have no objection to the quashing of the impugned proceedings. 9. In view of the compromise and the settlement of the underlying civil dispute, the continuation of the investigation would amount to an abuse of the process of law, as the likelihood of filing a charge sheet is remote and bleak. ORDER i) The petitions are allowed. Crl.P No.100567/2025: ii) The impugned proceedings in Crime No.0078/2024 registered by the Haveri Women PS now pending on the file of the learned Civil Judge (Sr.Dn.) and CJM, Haveri is hereby quashed. Crl.P No.100373/2025: The impugned proceedings in Crime No.0076/2024 registered by the Haveri Women PS pending on the file of the learned Prl. Civil Judge (Sr.Dn.) and CJM Court, Haveri is hereby quashed. Sri Vidyashankar G Dalwai, learned counsel has filed vakalath on behalf of the petitioner No.6 in Crl.P No.100373/2025. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM