- 1 - HC-KAR NC: 2025:KHC-D:9263 CRL.P No. 102098 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102098 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHARANAPPA S/O RANGAPPA AASHI, AGE: 47 YEARS, OCC: ARMY, R/O: SHIRUR VILLAGE, TQ: BAGALKOT, DIST: BAGALKOT-587 120. … PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GULEDGUDDA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SIDDALINGAPP S/O RANGAPPA AASHI, AGE: 48 YEARS, OCC: TEACHER, R/O: SHIRUR VILLAGE, TQ: BAGALKOT, DIST: BAGALKOT-587 120. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.B. MALLIGAWAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. R/W 528 OF BNSS, PRAYING TO ALLOW THE PETITION AND QUASH THE FIR IN GULEDAGUDDA P.S., CRIME NO.0042/2023 AND ENTIRE PROCEEDINGS PURSUANT IN C.C. NO.431/2023 PENDING BEFORE LEARNED ADDL. CJ AND JMFC BADAMI, SITTING AT GULEDAGUDDA FOR THE ALLEGED OFFENSES PUNISHABLE UNDER SECTION 279, 337, 338, 304A OF IPC IN SO FAR AS 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:9263 CRL.P No. 102098 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. For the reason stated in the memorandum of facts filed in support of the application, the prayer made in I.A. No.1/2025 seeking dispensation of production of certified copies of annexures-A to D is allowed. Accordingly, I.A. No.1/2025 stands disposed of. 2. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the accused, seeking to quash the entire proceedings in C.C. No.431 of 2023, pending before the Court of the Additional Civil Judge and JMFC, Badami, sitting at Guledagudda. The proceedings arise out of Crime No.42 of 2023 registered by Guledagudda Police Station, Bagalkot, for the offences punishable under Section 279, 337, 338, 304A of IPC. 3. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC-D:9263 CRL.P No. 102098 of 2025 4. Learned counsel for the petitioner submits that the deceased, Rohith, was the son of the petitioner herein. The first informant is the younger brother of the petitioner, who was neither an eyewitness to the incident nor an occupant of the car involved in the accident that occurred on 21.05.2023. He further submits that the dispute between the parties is amicably settled with the intervention of the elders and well-wishers of both sides. No claim petition seeking compensation arising out of the said road traffic accident has been filed, either by the legal representatives of the deceased or by any injured in the accident in question. In light of the same, learned counsel prays that the petition be allowed. 5. Per contra, the learned HCGP brings to the notice of this Court that the offences alleged in the present case are not compoundable in nature. 6. Learned counsel appearing for the de facto complainant submits that the dispute between the parties is - 4 - HC-KAR NC: 2025:KHC-D:9263 CRL.P No. 102098 of 2025 amicably settled and they have now filed an application seeking permission of this Court to record the compromise between the parties and consequently to quash the impugned proceedings pending before the trial Court. 7. The submissions made by both parties are placed on record. 8. In the road traffic accident that had taken place on 21.04.2023, the car bearing registration No.KA-25/MA- 4426, of which the petitioner is the registered owner, had dashed against a tree and in the said accident, the son of the petitioner namely Rohit had died and three other inmates of the car had sustained simple injuries. The first informant, who is the younger brother of the petitioner herein, was neither an inmate of the car, which had met with an accident on the aforesaid date, nor he was an eyewitness to the incident in question. The accused as well as the victim in the present case are all closely related and the deceased is the son of the petitioner. - 5 - HC-KAR NC: 2025:KHC-D:9263 CRL.P No. 102098 of 2025 9. Though the alleged offences are not compoundable, the Hon'ble Supreme Court in the case of Ram Gopal v. State of Madhya Pradesh1 has held that notwithstanding the limitation under Section 320 of Cr.P.C. in cases where the parties who are relatives have amicably settled the dispute, taking into consideration the gravity of offence and nature settlement, this Court in exercise of its powers under Section 482 of Cr.P.C. can quash the proceedings registered even for non-compoundable offences. 10. In the case on hand, learned counsel for the petitioner has submitted that the pendency of the case has been causing untold hardship to the parties, who are all closely in relation and they are not in a position to lead a normal family life and it is under these circumstances at the intervention of well-wishers and elders of both the parties, the dispute has been amicably settled. The compromise 1 (2021)12 SCC 673 - 6 - HC-KAR NC: 2025:KHC-D:9263 CRL.P No. 102098 of 2025 petition filed by the parties before this Court is duly signed by the respective parties and their advocates. 11. Considering the aforesaid, I am of the considered opinion that the prayer made in this petition needs to be granted. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The proceedings in C.C. No.431/2023 pending before the Court of the Additional Civil Judge and JMFC, Badami, sitting at Guledagudda, arising out of Crime No.42 of 2023 registered by Guledagudda Police Station, Bagalkot, are hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 38