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2025 DAILYLAW 44004 (KAR)

MALLAPPA S/O MADEVAPPA NAVALAGUNDA v. THE STATE OF KARNATAKA

CRL.P/101554/2025 · 2025-04-15

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101554 OF 2025 BETWEEN: 1. MALLAPPA S/O. MADEVAPPA NAVALAGUNDA, AGE: 55, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113. 2. IRAPPA S/O. MALLAPPA NAVALAGUNDA, AGE: 25, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113. 3. MADEVAPPA S/O. MALLAPPA NAVALAGUNDA, AGE: 21, OCC: LABOURER, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113. 4. DYMAVVA W/O. MALLAPPA NAVALAGUNDA, AGE: 59, OCC: HOUSEWIFE, R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025 AND: 1. THE STATE OF KARNATAKA, KUNDAGOL POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD. 2. BASAVARAJ S/O. CHANNABASAPPA MUDDENAKOPPA, AGE: 29 YEARS, OCC: FARMER , R/AT: DEVANUR VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD - 581 113. …RESPONDENTS [BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ZANZA S. JOSHI, ADVOCATE FOR R2 (VK FILED)] THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 4 /PETITIONERS AS IN KUNDGOL POLICE STATION IN CRIME NO.075/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 354, 504, 506 READ WITH 34 OF INDIAN PENAL CODE PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT KUNDGOL IN CC NO.1380/2024, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025 ORAL ORDER This petition is filed by petitioners/accused Nos.1 to 4 under Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’, for short) praying to quash the entire proceedings in Crime No.75/2024 of Kundgol Police Station registered for offences punishable under Sections 323, 354, 504, 506 r/w Section 34 of IPC and proceedings in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol. 2. 2. On the complaint of respondent No.2, a case came to be registered against the petitioners in Crime No.75/2024 of Kundgol P.S. for offences punishable under Sections 504, 506, 323, 324, 354 r/w Section 34 of IPC. The police after investigation filed a chargesheet against the petitioners No.1 to 4 for offences under Sections 323, 354, 504, 506 r/w Section 34 of IPC. Based on the said chargesheet, a case came to be registered against the petitioners in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol and the proceedings - 4 - NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025 of the said case are sought to be quashed in the present petition. 3. Learned Additional Government Advocate accepts notice for respondent No.1. Learned counsel Sri.Zanza S. Joshi files vakalath and affidavit for respondent No.2 and also filed affidavit for victim Smt.Ningavva W/o Laxmana Yaliwal. Joint application is filed under Section 359(6) and (8) of BNSS and it is signed by petitioners No.1 to 4, respondent No.2 and their respective counsels. 4. As per terms of the said joint application, respondent No.2 and the victim- Smt.Ningavva W/o Laxmana Yaliwal have settled the matter with the petitioners. The said victim Smt.Ningavva is present before the Court. The respondent No.2 and the said victim- Smt.Ningavva submits that they have entered into compromise with the petitioners at the intervention of well-wishers and elder members. The petitioners, - 5 - NC: 2025:KHC-D:6402 CRL.P No. 101554 of 2025 respondent No.2 and victim are neighbors and they have settled the matter. 5. In view of settlement between the parties, the proceedings against the petitioners in C.C.No.1380/2024 pending on the file of Senior Civil Judge and JMFC, Kundgol are quashed. Accordingly, petition is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC List No.: 1 Sl No.: 14