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2025 DAILYLAW 38413 (KAR)

PRAVEEN S/O NINGAPPA HANDIGOL v. THE STATE OF KARNATAKA

CRL.P/103665/2025 · 2025-09-25

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13235 CRL.P No. 103665 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103665 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. PRAVEEN S/O NINGAPPA HANDIGOL, AGE. 34 YEARS, OCC. BUSINESS, R/AT: GOPANAKOPPA, TQ. HUBBALLI, DIST. DHARWAD-580 028. 2. RAJU S/O KALLAPPA KILASKAR @ KAILASAKAR, AGE. 50 YEARS, OCC. BUSINESS, R/AT: GOPANAKOPPA, TQ. HUBBALLI, DIST. DHARWAD-580 028. … PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, APMC NAVANAGAR POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 011. 2. SMT. DIVYA W/O DEEPAK REVANAKAR, AGE. 49 YEARS, OCC. HOUSE WIFE, R/AT: HOUSE H.NO.11-A, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 025. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. KAVITA K. RATHOD, 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 AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN APMC NAVANAGAR PS CRIME NO.79/2024 PENDING BEFORE THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT: HUBBALLI IN C.C. NO.617 OF 2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 126(2), 352, 351(2)(3) R/W 3(5) OF BNS, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13235 CRL.P No. 103665 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. The petitioners are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C. No.617 of 2024 pending before the Court of the III-Additional Senior Civil Judge and JMFC, Hubballi, arising out of Crime No.79 of 2024 registered by APMC, Navanagar Police Station, Hubballi-Dharwad for offences punishable under Sections 115(2), 126(2), 352, 351(2)(3) read with Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled and the same was reported in the proceedings which were pending before Dharwad Consumer Disputes Redressal Commission, Dharwad and complaint Nos.182 of 2025 and 183 of 2025 have been closed before the aforesaid forum, - 3 - HC-KAR NC: 2025:KHC-D:13235 CRL.P No. 103665 of 2025 based on the settlement reported in the said proceedings by the parties. In the joint memo which was filed in the aforesaid proceedings, respondent No.2 herein has undertaken to withdraw the impugned criminal proceedings. 4. Learned counsel appearing for respondent No.2 does not dispute the submission made by the learned counsel for the petitioners. 5. The joint memo, which was filed in Complaint Nos.182 of 2025 and 183 of 2025, before the Dharwad Consumer Disputes Redressal Commission, Dharwad, is produced at Annexure-E to this petition. 6. The said joint memo is signed by respondent No.2 herein and also by her advocate before the Dharwad Consumer Disputes Redressal Commission, Dharwad. 7. Perusal of the said joint memo would go to show that respondent No.2 has undertaken in the said joint memo to withdraw the Police complaint registered in APMC - 4 - HC-KAR NC: 2025:KHC-D:13235 CRL.P No. 103665 of 2025 Navanagar Police Station, Hubballi namely Crime No.79 of 2024, within one month from the date of the joint memo. The joint memo is dated 04.07.2025. 8. Under the circumstances, I am of the opinion that the prayer made in this petition by the petitioners needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings C.C. No.617 of 2024 pending before the Court of the III-Additional Senior Civil Judge and JMFC, Hubballi, arising out of Crime No.79 of 2024 registered by APMC, Navanagar Police Station, Hubballi- Dharwad for offences punishable under Sections 115(2), 126(2), 352, 351(2)(3) read with Section 3(5) of BNS, 2023 is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 20