- 1 - NC: 2025:KHC-D:1549 CRL.P No. 100541 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100541 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. DUNDAPPA S/O. MALAKARI MANNIKERI AGE. 25 YEARS, OCC. ASPERENT COMPETATIVE EXAMS, R/O. BANAHATTI, TALUK. RABAKAVI-BANAHATTI, DIST. BAGALKOT-591301. …PETITIONER (BY SRI. SHIVARAJ P.MUDHOL, SRI. ANAND D.BAGEWADI AND SRI. SHIVANAND MALASHETTI, ADVOCATES) AND: 1. BASAVVA GADIGAPPA LAYANNAVAR AGE. 53 YEARS, OCC. AGRICULTURE, R/O. YALLATTI, TALUK. RABAKAVI-BANAHATTI, DIST. BAGALKOT-591301. 2. THE STATE OF KARNATAKA R/BY THE STATE PUBLIC PROSECUTOR, THROUGH BANAHATTI P.S., HIGH COURT BUILDING, DHARWAD-580007. …RESPONDENTS (BY SRI. GIRISH A.YADAWAD AND SRI. D.J.DESHPANDE, ADVOCATES FOR R1; SRI. ASHOK T.KATTIMANI, AGA FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, CALL FOR RECORDS AND TO QUASH THE IMPUGNED ORDER DATED 18.11.2021 TAKING COGNIZANCE AGAINST THE PETITIONER IN C.C.NO.511/2021 TAKING COGNIZANCE AGAINST THE PETITIONER IN C.C.NO. 511/2021 FOR AN OFFENCE PUNISHABLE U/SEC. 143, 147, 148, 323, 324, 354, 354(B), 504, 506 R/W 149 OF IPC IN SO FAR IT RELATES TO THE PETITIONER IS CONCERNED AND TO QUASH THE IMPUGNED ORDER DATED 07.10.2022 AND ENTIRE CRIMINAL PROCEEDINGS B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:45 +0530 - 2 - NC: 2025:KHC-D:1549 CRL.P No. 100541 of 2023 SO FAR AS IT RELATES TO THE PETITIONER/ACCUSED NO.6 IS CONCERNED BY ALLOWING THIS CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused No.6, who is facing trial for offences punishable under Sections 143, 147, 148, 323, 324, 354, 354(B), 504, and 506 read with Section 149 of the Indian Penal Code, 1860 (IPC), has filed this petition before the Court seeking quashing of the proceedings. 2. The case of the prosecution is that a quarrel took place between the petitioner and the other accused, and respondent No.2 and her family members. During the said quarrel, the accused allegedly assaulted, abused, and outraged the modesty of respondent No.2. The petitioner/accused No.6 and the de facto complainant-respondent No.2 are present before this Court. 3. The de facto complainant, who is present before this Court, has submitted that pursuant to a settlement arrived at with the petitioner/accused No.6, she has agreed to withdraw all allegations against the petitioner/accused No.6 and has no objection to the quashing of the impugned proceedings. 4. The submission of the de facto complainant is taken on record. 5. The specific allegation against the petitioner/accused No.6 is that he assaulted the de facto complainant with his hand. - 3 - NC: 2025:KHC-D:1549 CRL.P No. 100541 of 2023 However, there are no allegations against petitioner/accused No.6 pertaining to outraging the modesty of the de facto complainant. 6. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, subjecting the petitioner/accused No.6 to trial would serve no purpose. The probability of conviction is remote and bleak in light of the settlement reached between the parties. Therefore, the continuation of criminal proceedings against the petitioner/accused No.6 would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C. No.511/2021 pending on the file of Court of Senior Civil Judge and JMFC, Banahatti, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 74