- 1 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 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. 101620 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. RAJU S/O BASAPPA KADKOLA, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. PATRI BASAVESHWAR NAGAR, BAILAHONGAL-591 102, TQ. BAILAHONGAL, DIST. BELAGAVI. 2. SRI. NAGARAJ @ NAGAPPA S/O ULAVAPPA SANGOLLI @ BORAKANNAVAR, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. KITTUR CHANNAMMA NAGAR, 3RD CROSS, BAILAHONGAL-591 102, TQ. BAILAHONGAL, DIST. BELAGAVI. 3. SRI. SHIVANAND S/O RAMESH TOLAGI, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. HUNASIKATTI ONI, BAILAHONGAL-591 102, TQ. BAILAHONGAL, DIST. BELAGAVI. 4. SRI. NIYAZ S/O NOORAHAMAD PATTANAWALE, AGE. 24 YEARS, OCC. COOLIE, R/O. BASAVESHWAR ASHRYA COLONY-591 102, BAILAHONGAL, TQ. BAILAHONGAL, DIST. BELAGAVI. 5. SRI. RAJU S/O MARUTHI TATTIMANI, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. CHANNAMMA NAGAR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 4TH CROSS, BAILAHONGAL-591 102, TQ. BAILAHONGAL, DIST. BELAGAVI. … PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BAILAHONGAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. GOVIND RAYAPPAGOL S/O RAMESH, AGE. 23 YEARS, OCC. BUSINESS, R/O. NESARAGI, TQ. BAILAHONGAL, DIST. BELAGAVI-591 102. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. DHANANJAY H.M., 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 AND ORDER DATED 16.09.2023 PASSED BY LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI IN SPL. CASE NO.497/2023 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 307, 504, 506 R/W 149 OF IPC AND SECTIONS 3(1)(R), 3(1)(S), 3(2)(V) OF SC/ST (PA) AMENDMENT ACT 1989, IN CRIME NO.133/2023 IN BAILAHONGAL POLICE STATION, INSOFAR AS PETITIONER/ACCUSED NO.1 TO 5 AND ALL FURTHER PROCEEDINGS THERETO, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 5 in Special Case No.497 of 2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Belagavi arising out of Crime No.133 of 2023 registered by Bailhongal Police Station, Belagavi for offences punishable under Sections 143, 147, 148, 323, 324, 307, 504 & 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST (POA) Act’), are before this Court under Section 528 of BNSS 2023 read with Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case against them. 2. Heard learned counsel for the parties. 3. Learned for the petitioners and the learned counsel for respondent No.2, who is the first informant and the alleged victim in the present case jointly submit that dispute between the parties has been amicably settled by - 4 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 intervention of elders and well wishers of both parties. The parties are residents of same village and pendency of this case has been causing them untold hardship. Under the circumstances, they have decided to give quietus to the inter se dispute and live peacefully in future. 4. The parties who are present before this Court are identified by their respective advocates. The parties have stated that the settlement arrived by the parties is voluntary, without there being any undue influence or coercion. The application filed by the parties seeking permission of this Court to compound the alleged offences is supported by the affidavit of accused No.1 and respondent No.2 herein. The application is signed by the parties and also by their respective advocates. The application as well as the affidavit is taken on record. In paragraph Nos.2 to 5 of the affidavit, filed by respondent No.2, it is stated as follows: “2. The above petition is filed challenging the order 16/09/2023 passed by Learned III Addl. District and - 5 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 Sessions Judge Belagavi in Spl. Case no-497/2023 thereby taking cognizance for the offences punishable u/s. 143, 147, 148, 323, 324, 307, 504, 506, R/W 149 of SC/ST (PA) of IPC and section 3(1)(r), 3(1)(s), 3(2)(V), Amendment Act-2015,., in Crime No- 133/2023 in Bailahongal Police station, in so far as petitioner/accused 1 to 5, and all further proceedings thereto. The averments made in the petition may be read as part & parcel of the above affidavit. 3. I submit that at the intervention of elders & well wishers the dispute has been resolved & and complainant/respondent no-2 has agreed to get the dispute resolved as same has occurred in spur of movement and complainant has sustained simple injury. 4. The complainant/Respondent no-2 have no objection to quash the above proceedings as against the petitioner. 5. I submit that we have entered in to the above compromise without any coercion and undue influence.” 5. The Hon'ble Supreme Court in case of RAMGOPAL AND ANOTHER vs. STATE OF MADHYA PRADESH reported in AIR 2022 (14) SCC 531, has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., the High Court in exercise of its inherent powers under Section 482 of Cr.P.C. can quash the criminal cases registered for non-compoundable offences taking into consideration the nature of settlement between the parties and also the gravity and nature of allegations found in the impugned criminal proceedings. - 6 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 6. In the present case, it is stated that the petitioners are persons with no criminal antecedents and the incident had taken place in a spur of moment, and the injured victim has suffered only simple injury in the incident in question, and the parties who are all residents of same village, decided to give quietus to the inter se dispute and live peacefully. Under the circumstances, I am of the opinion that this is a fit case where this Court needs to exercise its inherent power under Section 482 of Cr.P.C. for the purpose of doing complete justice to the parties. Accordingly the following: ORDER a. Criminal Petition is allowed. b. The entire proceedings in Special Case No.497 of 2023 pending before the Court of II Additional District and Sessions Judge and Special Judge, Belagavi arising out of Crime No.133 of 2023 registered by Bailhongal Police Station, Belagavi for offences punishable under Sections 143, 147, - 7 - HC-KAR NC: 2025:KHC-D:13183 CRL.P No. 101620 of 2025 148, 323, 324, 307, 504 & 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed. c. Pending IAs., if any, stand disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 100