- 1 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103162 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. JYOTEPPA S/O NINGAPPA AJUR, AGE. 64 YEARS, OCC. EX-SERVICEMAN, R/O. SHIVANOOR VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 232. 2. SMT. SARASWATI W/O JYOTEPPA AJUR, AGE. 58 YEARS, OCC. HOUSE WIFE, R/O. SHIVANOOR VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 232. … PETITIONERS (BY SRI. PRASAD PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ATHANI POLICE STATION, ATHANI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SIDRAY YAMANAPPA KAMBLE, AGE. 66 YEARS, OCC. RTD. PENSIONER, R/O. SHIVANOOR VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 232. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. PRAKASH S. GUDIHINDIN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN SPECIAL CASE NO.388/2023 ARISING OUT OF ATHANI POLICE STATION IN ITS CRIME NO.167/2023 PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 326, 447, 504, 506 R/W SECTION 34 OF IPC AND UNDER SECTIONS 3 (1) (R), 3(1)(S), 3 (2) (V), 3 (2) (VA), OF SC AND ST (POA) ACT, 1989 AND AMENDMENT ACT 2015, SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The petitioners are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Special Case No.388 of 2023 pending before the Court of III-Addl. District and Sessions Judge, Belagavi arising out of Crime No.167 of 2023 registered by Athani Police Station for the offences punishable under Section 323, 324, 326, 447, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of SC & ST (POA) Act, 1989 and Amendment Act, 2015. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and the learned counsel for respondent No.2 jointly submit that the dispute between the parties who are neighbours has been amicably settled at the intervention of well-wishers and elders of both the family. - 3 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 4. The parties who are before this Court have filed an application under Section 359 of BNSS, 2023 read with Section 320 of the Cr.P.C. with a prayer to permit them to compound the alleged offences. They submit that the application is supported by an affidavit of respondent No.2, who is the de facto complainant. 5. Learned HCGP, however, brings to the notice of this Court that the alleged offences are non-compoundable in nature. 6. Perusal of the material on record would go to show that the parties are residing in the same village and it appears that there is some civil dispute between them with regard to some immovable properties. It is in this background, the alleged crime had taken place on 20.05.2023. 7. It is now submitted by the learned advocates appearing for the private parties, the said dispute has been settled and the parties who are neighbours intend to live - 4 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 peacefully in future and therefore, they have approached this Court. 8. The parties who are present in-person before this Court are identified by their respective learned advocates. 9. The application filed under Section 359 of the BNSS, 2023, which is supported by an affidavit of respondent No.2, the de facto complainant, is taken on record. 10. In the said affidavit, in paragraph Nos.2 to 8, it is stated as follows: 2. That, the Petitioners herein are my neighbors to my agricultural land, I am residing alongwith my family members within the limits of Shivanoor Village. I am having portion of agricultural land which is very adjacent to the Petitioners agricultural land both are situated within the limits of Shivanoor Village. Further I submit that, the Petitioner No. 1 has put up the boundary stone into his agricultural land. However, the said boundary stone was noticed by me which was put up into his field. After noticing it, I had informed to the Petitioner No. 1 that the boundary stone was actually installed in my field. Due to which the Petitioners have developed an animosity with me. 3. It is false to submit that, on 20/05/2023 at about 04 PM I had been to my agricultural land at that time both the Petitioners were trespassed my field and started abusing me in filthy language by taking my caste - 5 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 name. It is further false to submit that, the Petitioner No.1 has taken the Bamboo stick from the side and suddenly started assaulting me at the time of assault my wife Smt. Kasturi and one Mallappa Masarguppi has pacify the matter and given the life threat to me, in case if I did not vacate the agricultural land. Due to the sudden assault of the Petitioners, I was injured and immediatelyb I was shifted to Government Hospital, Athani for treatment and again I was further shifted to Dr. Metri Hospital for further treatment with all these allegations I have lodge a complaint against the Present Petitioners before the Athani Police Station in its Crime No. 167/2023 pending on the file of III Addl. District and Sessions Judge, Belagavi, bearing Special Case No. 388/2023 for the offences punishable under Sections 323, 324, 326, 447, 504, 506 R/w Sec. 34 of IPC and U/sec. 3 (1) (r), 3 (1) (s), 3 (2) (v), 3 (2) (va), of SC & ST (POA) Act, 1989 & Amendment Act-2015, in the above said matter. 4. I further submit that, being aggrieved by the complaint and Registration of the FIR against the Petitioners, the Petitioners have approached this Hon'ble Court seeking to quash the entire proceedings arising out of Special Case No. 388/2023 arising out of Athani Police Station in its Crime No. 167/2023 pending on the file of III Addl. District and Sessions Judge, Belagavi, for the offences punishable under Sections 323, 324, 326, 447, 504, 506 R/w Sec. 34 of IPC and U/sec. 3 (1) (r), 3 (1) (s), 3 (2) (v), 3 (2) (va), of SC & ST (POA) & Amendment Act-2015. 5. That, myself and the Petitioners herein have got settled and compromised the matter with the intervention of the well-wishers, family friends and elders of the society. However, myself and the Petitioners are residing happily and settled the dispute amicably. 6. That, the Petitioners herein has not committed any of the above alleged offences that are leveled against them and I have no objection to quash/Close the entire criminal proceedings leveled against the Petitioners arising out of Special Case No. 388/2023 arising out of Athani Police Station in its Crime No. 167/2023 pending on the file of III Addl. District and Sessions Judge, Belagavi, for the offences punishable - 6 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 under Sections 323, 324, 326, 447, 504, 506 R/w Sec. 34 of IPC and U/sec. 3 (1) (r), 3 (1) (s), 3 (2) (v), 3 (2) (va), of SC & ST (POA) Act, 1989 & Amendment Act-2015. 7. That, am filing this Affidavit on my own and not under any influence, coercion or fraud and after understanding that the Petitioners herein are innocent. 8. That, if the said criminal proceedings against the Petitioners are not quashed or closed then there will be misconception between myself and Petitioners and so also between our family members. Hence, no purpose would be served in continuing the said further proceedings as against the Petitioners herein and on the other hand it would ruin cordial relationship of both families. Therefore, for securing the ends of justice I request this Hon'ble court to allow this Criminal Petition by quashing the said proceedings against the petitioners herein. 11. In the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH1, the Hon'ble Supreme Court has observed that notwithstanding the limitations provided under Section 320 of the Cr.P.C., this court in excise of its powers under Section 482 of the Cr.P.C. can quash the criminal cases registered for non-compoundable offences taking into consideration the gravity and nature of allegations, the nature of settlement and also the conduct of parties. 1 AIR 2022 (14) SCC 531 - 7 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 12. In the case on hand, the parties who are neighbours have settled the dispute amicably at the intervention of the well-wishers and elders of both the parties. Petitioner No.1 is Ex-serviceman and respondent No.2 is a retired Government Servant. Petitioner No.2 is the wife of petitioner No.1. The allegations found in the charge sheet against the accused are private and are not of grave in nature. The parties who are before this Court have stated that the settlement is voluntary, without there being any undue influence and coercion. They have also stated that they intend to give quietus to the dispute between them and live peacefully in future. Therefore, I am of the opinion that, this is a fit case wherein this Court requires to exercise its inherent powers under Section 482 of the Cr.P.C. in order to do complete justice to both the parties. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 8 - HC-KAR NC: 2025:KHC-D:10809 CRL.P No. 103162 of 2025 (ii) The entire proceedings in Special Case No.388 of 2023 pending before the Court of III-Addl. District and Sessions Judge, Belagavi arising out of Crime No.167 of 2023 registered by Athani Police Station for the offences punishable under Section 323, 324, 326, 447, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of SC & ST (POA) Act, 1989 and Amendment Act, 2015 stands quashed. (iii) Pending applications, if any do not survive for consideration and are accordingly disposed of Sd/- ( S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 35