- 1 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103001 OF 2025 C/W CRIMINAL PETITION NO. 101839 OF 2025 (482(CR.PC)/528(BNSS)) IN CLR. P. NO.103001 OF 2025: BETWEEN: 1. TOTAVVA W/O. TAMMANAGOUDA HIREGOUDRA, AGE. 66 YEARS, OCC. HOUSEHOLD, R/O. DONI, TQ. MUNDARGI, DIST. GADAG. 2. SHEKHAVVA W/O. BASANAGOUDA NADUVINAMANI, AGE. 64 YEARS, OCC. HOUSEHOLD, R/O. BALAGANUR, DIST. GADAG. 3. SHANTAVVA W/O. SHANKRAGOUDA SURAKOD @ SURAKODU, AGE. 64 YEARS, OCC. HOUSEHOLD, R/O. BALAGANUR, PRESENTLY AT GADAG, DIST. GADAG. 4. MALLANAGOUDA S/O. TAMMANAGOUDA HIREGOUDAR, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. DONI, TQ. MUNDARGI, GADAG. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 5. SHANMUKHAGOUDA S/O. TAMMANAGOUDA HIREGOUDRA, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. DONI, TQ. MUNDARGI, DIST. GADAG. … PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY MUNDARGI POLICE STATION, REPRESENTED BY ADDITIONAL SPP, HIGH COURT PREMISES, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. NEELAVVA W/O. NINGANAGOUDA DYAVANAGOUDRA, AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. DONI, TQ. MUNDARGI, DIST. GADAG-582 103. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. J. BASAVARAJ, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE FIR IN CRIME NO.159/2021 DATED 29-10-2021 AND THE CHARGE SHEET NO.15/2022 DATED 27-02-2022 SUBMITTED BY THE MUNDARGI POLICE STATION AGAINST THE PETITIONERS/ACCUSED NO.1 TO 5 AND ALSO SEEKING TO QUASH THE ORDER FOR TAKING COGNIZANCE AND REGISTERING CRIMINAL CASE BY THE COURT OF THE CIVIL JUDGE (JR. DN.) AND JMFC, MUNDARGI, IN C.C. NO.157/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 447, 114, 504, 506 R/W 149 OF THE INDIAN PENAL CODE, 1860 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 IN CLR. P. NO.101839 OF 2025: BETWEEN: 1. SMT. NEELAVVA W/O. NINGANAGOUDA DYAVANAGOUDRA, AGE. 68 YEARS, OCC. HOUSE WIFE, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG. 2. SHRI SHIDDANAGOUDA S/O. NINGANAGOUDA DYAVANAGOUDRA, AGE. 48 YEARS, OCC. FARMER, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG. 3. SMT. SHANKRAVVA W/O. SHEKHARAGOUDA URF CHANNABASANAGOUDA SURAKODA, AGE. 53 YEARS, OCC. HOUSE WIFE, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG, ALSO AT: MUCCHANDI CROSS, NEAR BOMBAY CHHAL, TQ. BAGALKOTE. 4. SMT. RATNAVVA W/O. SHIDLINGAPPA HARTI, AGE. 40 YEARS, OCC. HOUSE WIFE, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG. 5. SHRI DYAVANAGOUDA S/O. NINGANAGOUDA DYAVANAGOUDRA, AGE. 38 YEARS, OCC. FARMER, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG. 6. SHRI SHIVUNAGOUDA S/O. NINGANAGOUDA DYAVANAGOUDRA, AGE. 33 YEARS, OCC. FARMER, R/O. DONI-582 103, TQ. MUNDARAGI, DIST. GADAG. … PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 AND: 1. THE STATE OF KARNATAKA, (THROUGH MUNDARAGI P.S.), BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. 2. SMT. SHEKHAVVA W/O. BASANAGOUDA NADUVINAMANI, AGE. 63 YEARS, OCC. HOUSE WIFE, R/O. BALAGANUR VILLAGE-582 113, TQ. AND DIST. GADAG. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO PETITIONERS NO.1 TO 6/ACCUSED NO.1 TO 6 BEING AGGRIEVED BY THE IMPUGNED COMPLAINT DATED 28.10.2021 AS PER ANNEXURE-A IMPUGNED FIR NO.158/2021 (MUNDARAGI P.S.) AS PER ANNEXURE-B IMPUGNED CHARGE SHEET NO.14/2022 DATED 27.02.2022 AS PER ANNEXURE-C AND THE ORDER OF TAKING COGNIZANCE AND ISSUANCE PROCESS DATED 15.07.2022 PASSED BY THE CIVIL JUDGE AND J.M.F.C. COURT MUNDARAGI AS PER ANNEXURE-D AND ALLOW THE PETITION AND QUASH PROCEEDING AGAINST THE PETITIONER NO.1 TO 6/ACCUSED NO.1 TO 6 IN C.C. NO263/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 341, 114, 504, 506 R/W 149 OF IPC. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. These two petitions between the same parties arise out of the same incident which has resulted in registering a case and counter case in Crime Nos.158/2021 & 159/2021 by Mundargi Police Station, Gadag District, and therefore, they are heard together and disposed of by this common order. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the private parties jointly submit that the parties to these two petitions are all close relatives and the incident in question had taken place on 22.10.2021 having regard to a dispute between the family members in respect of joint family properties. The dispute between the parties has been now amicably settled and they intend to give a quietus to the pending disputes between them having regard to the settlement that is arrived voluntarily without there being any undue influence and coercion. They submit that the parties have filed a joint compromise petition before this Court seeking permission of - 6 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 this Court to compound the alleged offences in the case and counter case registered against them. 4. The joint compromise petition filed under Section 482 read with 320 of Cr.PC is taken on record. The said petition is signed by all the private parties in these two petitions and also by their respective advocates. The compromise petition is supported by the affidavits of the first informants in both the cases. In paragraphs 1 to 4 of the compromise petition, it is stated as under: “1. That, in Criminal Petition No.101839/2025, the Petitioners have preferred the said petition before this Hon’ble Court humbly praying to quash impugned complaint dated 28.10.2021 lodged by the Respondent no.2, impugned FIR No.158/2021 (Mundargi P.S.) impugned charge sheet No.14/2022 dated 30.05.2022 and the order of taking cognizance and issuance process dated 05.07.2022 passed by the Hon’ble Civil Judge & JMFC Court, Mundargi against the petitioners no.1 to 6/accused no.1 to 6 in C.C.263/2022 for the offences punishable under Sections 143, 147, 323, 324, 341, 114, 504, 506 r/w 149 of Indian Penal Code, 1860. 2. That, in Criminal Petition No.103001/2025, the Petitioners have preferred the said petition before this - 7 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 Hon’ble Court humbly praying to quash the FIR in Crime No.159/2021 dated 29.10.2021 and the Charge Sheet No.15/2022 dated 27.02.2022 submitted by the Mundargi Police Station against the Petitioners. The petition further seeks to quash the order for taking cognizance and registering criminal case by the Court of the Civil Judge (Jr.Dn.) and JMFC, Mundargi, in C.C.No.157/2022 for the offences punishable under Sections 143, 147, 323, 447, 114, 504, 506 read with 149 of the Indian Penal Code, 1860. 3. Subsequent to the issuance of the notices in the both petitions, the Respondent No.2 in both petitions have appeared through their counsels respectively and this Hon’ble Court vide order dated 07.08.2025 was pleased to club/connect both the petitions herein. 4. However, with intervention of elders and their advice the petitioners and Respondent no.2 in the both petitions, are being the wife and children from 1st wife and 2nd wife of the deceased Sri Ninganagouda, have arrived at compromise as per the following terms and conditions: a) That, in Criminal Petition No.101839/2025, the Respondent No.2 has voluntarily consented for the said compromise petition without being subjected to coercion or threat and has voluntarily consented/agreed for compounding of the offences punishable u/s 143, 147, 323, 324, 341, 114, 504, 506 r/w 149 of IPC - 8 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 with the petitioners with the kind leave of this Hon’ble Court. b) That, in Criminal Petition No.103001/2025, the Respondent No.2 has voluntarily consented for the said compromise petition without being subjected to coercion or threat and has voluntarily consented/agreed for compounding of the offences punishable u/s 143, 147, 323, 447, 114, 504, 506 r/w 149 of IPC with the petitioners with the kind leave of this Hon’ble Court. c) That the Respondent No.2 in the both cases shall withdraw all the allegations made against the Petitioners herein in the both petitions respectively. d) That petitioners and Respondents No.2 in the both petitions shall not institute any case against each other with respect to the same cause of action.” 5. The statements made in the compromise petition have been reiterated in the affidavit of the first informants in these two cases. The parties who are present before this Court are identified by their respective advocates. The dispute is between the close relatives who are all members of the same family and they now intend to give a quietus to the dispute and live - 9 - HC-KAR NC: 2025:KHC-D:11165 CRL.P No. 103001 of 2025 C/W CRL.P No. 101839 of 2025 peacefully in future. Charge sheet has been filed in both the cases for compoundable offences. 6. Considering the nature of allegations and also the nature of settlement between the parties who are all close relatives who intend to give a quietus to their dispute, I am of the opinion that the prayer made by the petitioners in these two petitions is required to be granted. Accordingly, the following order: 7. The parties are permitted to compound the alleged offences for which charge sheet has been filed against them in Crime Nos.158/2021 & 159/2021 registered by Mundaragi Police Station, Gadag District. Consequently, the petitions are allowed and the entire proceedings in C.C.No.263/2022 & C.C.No.157/2022 pending before the Court of Civil Judge & JMFC, Mundargi, stands quashed against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 26