- 1 - HC-KAR NC: 2025:KHC-D:16404 CRL.P No. 104729 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104729 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI YOGESH S/O. BABU DODMANI, AGE. 28 YEARS, OCC. JOB, R/O. JAI NAGAR, MACCHE, TAL/DIST. BELAGAVI-590001. 2. SHRI SANTOSH S/O. GOVIND DIVATAGI, AGE. 26 YEARS, OCC. PRIVATE SERVICE, R/O. UDYAMBAG, TAL/DIST. BELAGAVI-590001. 3. SUNIL S/O. GOVIND DIVATAGI, AGE. 24 YEARS, OCC. STUDENT, R/O. UDYAMBAG, TAL/DIST. BELAGAVI-590001. 4. BABLU S/O. SAMBJAN BEPARI, AGE. 25 YEARS, OCC. PRIVATE SERVICE, R/O. UDYAMBAG, TAL/DIST. BELAGAVI-590001. 5. SAGAR S/O. ADIVEPPA MULIMANI, AGE. 29 YEARS, OCC. JOB, R/O. 355/3, RAMESHWAR NAGAR, MACCHE, TAL/DIST. BELAGAVI-590001. …PETITIONERS (BY SRI. ROHIT N.LATUR, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16404 CRL.P No. 104729 of 2025 AND: 1. THE STATE OF KARNATAKA, R/BY THE PSI UDYAMBAG P.S., TQ/DIST. BELAGAVI-591 304, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SRI. BALAKRISHNA S/O. SURESH KALERI, AGE. 20 YEARS, OCC. LABOURER, R/O. A/P KABALAPUR, TQ. BELAGAVI, DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. ANNASAHEB SHALAGAR, ADVOCATE FOR R2 (VK A/W AADHAR CARDS FILED IN COURT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE FIR AND COMPLAINT IN RELATION TO UDYAMBAG PS CR NO.53/2025 AS AGAINST THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 5 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2) 191(2), 191(3), 109(1), 109 BNS, 2023 PENDING ON THE FILE BEFORE THE IMFC IVTH COURT BELAGAVI AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16404 CRL.P No. 104729 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Sri Annesaheb Shalagar, learned counsel, has filed vakalat for respondent No.2, which is taken on record. 2. The learned counsels for the respective parties have filed application under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The averments of the joint affidavit of complainant and victim accompanying the application is as follows: “JOINT AFFIDAVIT “Herein we, Balakrishna S/o Suresh Kaleri, Age: 20 years, Occ: Laborer, R/o Kabalapur, Tq: Belagavi, today at Belagavi and I Rudresh S/o Mallappa Talawar, Age: 22 years, Occ: Laborer, R/o Dharwad, today at Belagavi, do hereby solemnly affirm and state on oath as under: 1. That, we are the complainant and victims in Udyambag PS Cr No.53/2025 as such we are well conversant with facts of the case hence we are competent to swear to this affidavit. 2. That, as alleged, there was a small tussle between us and the petitioners and I have allegedly got inflicted simple injury to my head. Due to the said injury, I took treatment on OPD basis and got discharged on the same day and I have not got any mental depravity. 3. We altogether had been to have party and there the alleged tussle got arise out of grave and sudden provocation and it was not pre mediated assault by the petitioners. Now that, we have - 4 - HC-KAR NC: 2025:KHC-D:16404 CRL.P No. 104729 of 2025 ended our differences, we are not interested to prosecute the matter any more further. 4. That, the alleged crime got arose purely due to personal reasons and is not affecting the society at large and out of our conscience without any coercion with free minds and own will we have entered into compromise with the petitioners and we do not intend to proceed further with our complaint. We all have buried our differences and wish to accord a quitetus to our dispute. 5. That, the petitioners and I myself and Rudresh Talawar are all residents of vicinity and daily meet each other and see faces of each other and occasionally on or the other reasons keep meeting each other and hence quashing the proceedings will advance peace, harmony and fellowship amongst us and we have decided to forgive and forget ill will and have no vengeance against each other. WHEREFORE, we most respectfully pray that this Hon'ble Court quash the proceedings be pleased to allow the accompanying application and quash the proceedings in the interest of justice and equity” 4. Having considered the averments made in the joint affidavit accompanying the application, there is no embargo on this Court to record the settlement. 5. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. iii) The entire proceedings in Crime No.53/2025 of respondent Police, for the offences - 5 - HC-KAR NC: 2025:KHC-D:16404 CRL.P No. 104729 of 2025 punishable under Sections 189(2), 191(2), 191(3), 109(1), 109 of BNS, 2023, pending on the file of JMFC IV Court Belagavi, is hereby quashed. iv) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE VMB List No.: 4 Sl No.: 1