MOHAMMAD MUSTAFA S/O RASULASAB KARAJAGI v. STATE OF KARNATAKA
CRL.P/103862/2022 · 2025-09-24
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38482 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38482 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13189 CRL.P No. 103862 of 2022
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103862 OF 2022 (482(CR.PC)/528(BNSS))
BETWEEN:
MOHAMMAD MUSTAFA S/O RASULASAB KARAJAGI, AGE. 31 YEARS, OCC. BUSINESS, R/O. NEAR ABUBAKAR DARGA, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 301.
… PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011, THROUGH JAMKHANDI TOWN POLICE STATION, JAMKHANDI, DIST. BAGALKOT.
2.
PRIYANKA S/O SIDDAPPA MALI, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. UMARAMESHWAR ROAD, NEAR URBAN BANK, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 301.
… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. RAHUL KUNTOJI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.285/2020 REGISTERED AGAINST THE PETITIONER (SOLE ACCUSED) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, JAMKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 448, 354, 323, 504 AND 506 OF INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER:
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:13189 CRL.P No. 103862 of 2022
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.285 of 2020 pending before the Court of Prl. Civil Judge and JMFC, Jamkhandi, arising out of Crime No.49 of 2019 registered by Jamkhandi Town Police Station, Jamkhandi Circle, Bagalkot, for the offences punishable under Sections 448, 354, 323, 504 and 506 of the IPC.
2. Heard the learned Counsel for the parties.
3.
Learned Counsel for the petitioner and the
learned counsel for respondent No.2 jointly submit that the dispute between the parties has been settled amicably at the intervention of the elders and well-wishers of both the parties. The parties have now filed an application under Section 320(2) read with Section 482 of the Cr.P.C. seeking permission of this Court to permit the parties to compound
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HC-KAR NC: 2025:KHC-D:13189 CRL.P No. 103862 of 2022
the alleged offences. Accordingly, they pray to allow the petition. 4. The application filed by the parties is signed by the parties and also by their respective advocates. The said application is also supported by the affidavit of the parties. 5. The application as well as the affidavit are taken on record. 6. The parties who are before this Court are identified by their respective advocates. 7. The parties have stated that the settlement arrived between the parties is voluntary, without there being any undue influence or coercion. In paragraph Nos.2 to 4 of the application filed under Section 320(2) read with Section 482 of the Cr.P.C., it is stated as follows:
“2. It is submitted that during the pendency of the top noted criminal petition, the petitioner and respondent No. 2 with the advice of the elderly and well wishers have decided to resolve the entire dispute between them, unconditionally. In that regard, the respondent No. 2/complainant has agreed for compounding the offences charged
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HC-KAR NC: 2025:KHC-D:13189 CRL.P No. 103862 of 2022
against the petitioner and for quashing the impugned criminal proceedings initiated against the petitioner. 3. The parties have also agreed that they shall not interfere in each other's life in future in any manner. The parties further have agreed that either of them individually or through family or friends shall not intimidate the other party or their relatives and also that they will not approach any courts regarding any claims. The parties have also agreed that they will not engage in any libel or slander against each other, that may cause false propaganda or any defamation to the other side. Therefore, the parties have filed this application for compounding the offences and in that regard, the both the petitioner and respondent No. 2 have filed affidavits in support of this application. 4. It is submitted that the offences punishable under Section 448, 323, 504 and 506 of IPC are compoundable.
However, the offence punishable under Section 354 is non-compoundable and hence, the petitioner and respondent No. 2 pray that this Hon'ble court may pleased to permit the parties to compound the said offence by exercising its inherent jurisdiction since continuation of the impugned proceedings against the petitioner will serve no useful purpose in view of the settlement between the parties.”
8. The parties have settled their inter se dispute and have decided to give a quietus to the pending criminal proceedings and they want to live peacefully in future. The alleged offences are compoundable in nature. - 5 -
HC-KAR NC: 2025:KHC-D:13189 CRL.P No. 103862 of 2022
9. Under the circumstances, I am of the opinion that the prayer made in the application filed by the parties seeking permission of this Court to permit the parties to compound the alleged offences, for which the petitioner has been charge-sheeted needs to be granted. Accordingly, the following:
ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.285 of 2020 pending before the Court of Prl. Civil Judge and JMFC, Jamkhandi, arising out of Crime No.49 of 2019 registered by Jamkhandi Town Police Station, Jamkhandi Circle, Bagalkot, for the offences punishable under Sections 448, 354, 323, 504 and 506 of the IPC stands quashed.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
VNP / CT: BCK LIST NO.: 1 SL NO.: 10