- 1 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101113 OF 2025 C/W CRIMINAL PETITION NO. 101174 OF 2025 IN CRL.P.NO. 101113 OF 2025: BETWEEN: 1. SRI. SANTOSH S/O. GURAPPA LAMANI AGE. 31 YEARS, OCC. COOLIE. 2. MALA @ MALAVVA D/O. GURAPPA LAMANI AGE. 35 YEARS, OCC. COOLIE. 3. GURAPPA S/O. THAVARAPPA LAMANI AGE. 68 YEARS, OCC. COOLIE. 4. ASHA W/O. SANTOSH LAMANI AGE. 28 YEARS, OCC. COOLIE. 5. MANGALAVVA W/O. GURAPPA LAMANI AGE. 54 YEARS, OCC. COOLIE, (ALL ARE RESIDENTS OF AT. BUDIHAL, TQ. SHIRAHATTI, DIST. GADAG) -582102. …PETITIONERS (BY SRI. ABINANDAN V.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA LAKSHMESHWAR POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, DHARWAD, DIST. DHARWAD-580011. 2. SMT. PARVATHI W/O. NINGAPPA CHABBI AT. BUDIHAL, TQ. SHIRAHATTI, DIST. GADAG-582102. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SMT. PADMAJA S.TADAPATRI, ADV. FOR R2) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COGNIZANCE TAKEN DATED 28.11.2024 BY THE SESSIONS COURT IN S.C. NO.93/2024 FOR OFFENCES P/U/S 143, 147, 148, 323, 324, 354, 355, 452, 504, 506 R/W 149 OF IPC ARISING OUT OF LAKSHMESHWAR POLICE STATION CRIME NO.0132/2022, SO FAR IT PERTAINS TO PETITIONERS/ACCUSED NO.1 TO 5 ON THE FILE OF ADDL. DIST AND SESSIONS JUDGE GADAG. IN CRL.P. NO.101174 OF 2025: BETWEEN: 1. SRI. MAHANTESH S/O. BASAVARAJ HORPETE AGE. 33 YEARS, OCC. AGRICULTURE. 2. MANJUNATH S/O. NINGAPPA CHABBI AGE. 32 YEARS, OCC. AGRICULTURE. 3. SHRIKANTGOUDA S/O. SHEKHARGOUDA PATIL AGE. 55 YEARS, OCC. AGRICULTURE. 4. PRAVEEN S/O. SHRIKHANTGOUDA PATIL AGE. 23 YEARS, OCC. AGRICULTURE. 5. KUMARGOUDA @ KUMAR @ SHRAVANAKUMAR S/O. SHRIKANTHAGOUDA PATIL, AGE. 27 YEARS, OCC. PVT. VEHICLE DRIVER. 6. SHARADA @ SHRAVVA W/O. SHRIKANTHGOUDA PATIL, AGE. 52 YEARS, OCC. HOME MAKER. 7. JAYAKKA W/O. BASANGOUDA HORAPETE AGE. 55 YEARS, OCC. HOME MAKER. 8. LINGARAJGOUDA @ NINGARAJGOUDA S/O. JAYANGOUDA PATIL, AGE. 36 YEARS, OCC. AGRICULTURE. 9. SATOSH @ PHAKEERAGOUDA S/O. MANJUNATH @ MANJUNATH GOUDA PATIL, AGE. 29 YEARS, OCC. AGRICULTURE, - 3 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 10. BASAVARAJ S/O. SHENKARAPPA SAKRAPPA CHABBI, AGE. 43 YEARS, OCC. AGRICULTURE. 11. RUDRAGOUDA S/O. CHANNAVEERAGOUDA PATIL AGE. 56 YEARS, OCC. AGRICULTURE. 12. YALLANAGOUDA S/O. SHANKARGOUDA PATIL AGE. 43 YEARS, OCC. AGRICULTURE. 13. PARATAGOUDA S/O. CHANNAVEERAGOUDA PATIL AGE. 59 YEARS, OCC. AGRICULTURE. 14. MANJUNATH S/O. BASAPPA @ BASAVANTAPPA CHABBI, AGE. 44 YEARS, OCC. AGRICULTURE. 15. LAKKAVVA W/O. BASANAGOUDA PATIL AGE. 44 YEARS, OCC. COOLIE. 16. REKHA @ RATHA W/O. MANJUNATH CHABBI AGE. 26 YEARS, OCC. COOLIE. 17. SHRIDEVI W/O. MAHANTESH HORAPETE AGE. 27 YEARS, OCC. HOME MAKER. 18. NAGARAJGOUDA S/O. GOURISHANKARGOUDA PATIL, AGE. 27 YEARS, OCC. COOLIE. 19. SHARANGOUDA S/O. PARVATGOUDA PATIL AGE. 22 YEARS, OCC. COOLIE, ALL ARE R/O. BUDIHAL, TQ. SHIRAHATTI, DIST. GADAG-562123. …PETITIONERS (BY SRI. PADMAJA S.TADAPATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA LAKSHMESHWAR POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, DHARWAD, DIST. DHARWAD. - 4 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 2. SMT. MALA D/O. GURAPPA LAMANI AGE. 33 YEARS, OCC. SOCIAL WORKER, R/O. BUDIHAL, TQ. SHIRAHATTI, DIST. GADAG-562123. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ABINANDAN V.HIREMATH, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE COGNIZANCE TAKEN BY THE SESSIONS COURT IN SPL SC/ST NO.06/2023 FOR OFFENCES PUNISHABLE U/S 143, 147, 323, 324, 354, 448, 504, 506, R/W SECTION 149 OF IPC AND U/S 3(1)(r)(s), 3(2)(va) OF THE SC AND ST (PREVENTION OF ATROCITIES ACT) ARISING OUT OF LAKSHMESHWAR POLICE STATION CRIME NO.0131/2022, IN SO FAR IT PERTAINS TO PETITIONERS/ACCUSED NO.1 TO 19. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. These petitions arise out of the case and counter-case; therefore, they are taken up together, and are heard and disposed of by a common order. In Crl.P.No.101113/2025 2. The petitioners are sought to be prosecuted for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 355, 452, 504, and 506 read with Section 149 of the Indian Penal Code (IPC). 3. The prosecution alleges that on 26.10.2022, the accused, by forming an unlawful assembly and brandishing sticks - 5 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 and stones, abused the complainant and others in filthy language and also assaulted them. In Crl.P.No.101174/2025 4. The petitioners are facing trial for the offences punishable under Sections 143, 147, 323, 324, 354, 448, 504, and 506 read with Section 149 of the IPC and under Sections 3(1)(r)(s) and 3(2)(va) of the SC and ST (Prevention of Atrocities) Act. 5. The prosecution further alleges that on 26.10.2022, the accused instigated a quarrel, abused and assaulted the complainant and his family members, and also outraged the modesty of the complainant. 6. The learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1 (State) were heard. 7. The alleged incident in these petitions took place on 26.10.2022, when the accused and the complainant were playing cards, during which a quarrel arose that resulted in mutual abuse and assault. The dispute is essentially civil in nature, and if the criminal proceedings are allowed to continue, it would aggravate the hostility between the parties. To prevent further hostility and to secure the ends of justice, it would be appropriate to quash the impugned proceedings. - 6 - NC: 2025:KHC-D:4034 CRL.P No. 101113 of 2025 C/W CRL.P. No. 101174 OF 2025 8. In light of the above, the continuation of the criminal proceedings would be an abuse of the process of law. Accordingly, the petitions are allowed. 9. The impugned proceedings in S.C.No.93/2024, on the file of the Principal District and Sessions Judge, Gadag, insofar as they relate to the petitioners/accused, are hereby quashed. 10. The impugned proceedings in Spl.SC/ST No.06/2023, on the file of the learned Additional District and Sessions Judge, Gadag, insofar as they relate to the petitioners/accused, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 85