- 1 - HC-KAR NC: 2025:KHC-D:10817 CRL.P No. 103280 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. 103280 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: ALLABAKSHI @ ALLASAB S/O.MOULASAB @ S/O MULLASAB NADAF, AGE. 43 YEARS, OCC. LABOURER, R/O. BELADHADI VILLAGE, TQ. AND DIST. GADAG-582 103. … PETITIONER (BY SMT. PADMAJA S. TADPATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG RURAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DHARWAD-580 011. 2. SMT. LAXMI HANAMANTAPPA SANDIMANI, AGE. 32 YEARS, OCC. LABOURER, R/O. BELADHADI VILLAGE, TQ. AND DIST. GADAG-582 101. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MAQBOOLAHMED M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COMPLAINT, FIR AND ENTIRE PROCEEDINGS AT SPL. SC/ST NO.04/2023 (CRIME NO.0233/2022 AT GADAG RURAL POLICE STATION) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG, PUNISHABLE UNDER SECTIONS 376, 323, 504, 506, 417 OF IPC R/W SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN SO FAR AS THE PRESENT PETITIONER 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:10817 CRL.P No. 103280 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. Learned HCGP is directed to take notice for respondent No.1. 2. Learned counsel Shri Maqboolahamed M. Patil has filed vakalath on behalf of respondent No.2. 3. The same is taken on record. 4. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Spl. SC/ST No.4 of 2023 pending before the Court of Prl. District and Sessions Judge, Gadag, arising out of Crime No.233 of 2022 registered by Gadag Rural Police Station under Sections 376, 323, 504, 506 417 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST (POA) Amendment Act, 2015. 5. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC-D:10817 CRL.P No. 103280 of 2025 6. Learned counsel for the petitioner and the learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled. The petitioner has now married the respondent No.2 and they are living together as husband and wife. Pendency of the criminal case is causing hardship to them and they are not in the position to lead a normal married life. Therefore they are before this Court and they have filed an application before this Court seeking permission to compound the alleged offences. 7. Learned HCGP has brought to the notice of this Court that charge sheet has been filed for non- compoundable offences. 8. The Application filed by the parties to the petition under Section 482 read with Section 320 of the Cr.P.C. is taken on record. 9. In paragraph No.5 of the application, it is stated as follows: - 4 - HC-KAR NC: 2025:KHC-D:10817 CRL.P No. 103280 of 2025 5. At the intervention and advises of elders and well wishers the petitioner and Respondent No.2 decided to get married. The Petitioner and Respondent No.2 are now residing under one roof as husband and wife. Hence, to lead happy and peaceful marital life the parties agreed to amicably settle the dispute between them as per the following terms. i. That, the Petitioner and Respondent No.2 got married and residing under one roof as husband and wife. Hence, to lead happy and peaceful married life the Respondent-2 is withdrawing all the allegations against Petitioner. ii. That, the Respondent No. 2/Complainant agrees to withdraw the allegations made in the complaint which was lodged by her on misunderstanding against the Petitioner/Accused. iii. The Respondent No. 2 has no objection to compound, allow the present petition and to quash the criminal proceedings pending before the learned Addl. District and Sessions Judge, Gadag in SPL. SC/ST No. 04/2023 for the offence punishable under Sections 376, 323, 504, 506, 417 IP CR/w. Section 3(1)(r), 3(1) (s), 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act 2015 in Crime No. 0233/2022 against the Petitioner/Accused. 10. The parties who are present in-person before this Court are identified by their respective learned advocates. 11. The parties who are before this Court have stated that the settlement is voluntary, without there being - 5 - HC-KAR NC: 2025:KHC-D:10817 CRL.P No. 103280 of 2025 any undue influence and coercion. They have also stated that they are now married and living together as husband and wife. 12. 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. 13. The dispute between the parties arose after the petitioner who had a consensual relationship with victim for a considerable period of time, had sexual intercourse with her and refused to marry her. The parties who are before 1 AIR 2022 (14) SCC 531 - 6 - HC-KAR NC: 2025:KHC-D:10817 CRL.P No. 103280 of 2025 this Court have stated that they are now married and living happily as husband and wife. 14. Under the circumstances, I am of the opinion that this is a fit case, wherein this Court is required to exercise its inherent powers to do complete justice to both the parties. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in Spl. SC/ST No.4 of 2023 pending beforPrl. District and Sessions Judge, Gadag, arising out of Crime No.233 of 2022 registered by Gadag Rural Police Station under Sections 376, 323, 504, 506 417 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST (POA) Amendment Act, 2015 stands quashed insofar as the petitioner herein. Sd/- ( S.VISHWAJITH SHETTY) JUDGE VNP, RSH / CT:BCK LIST NO.: 1 SL NO.: 71