- 1 - NC: 2025:KHC-D:3760 CRL.P No. 101545 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101545 OF 2021 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHADEV K. KOLEKAR S/O. KRISHNAJI KOLEKAR, AGED ABOUT 37 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 2. RAYABHA D. SAVANT S/O. DHAJIBHA SAVANT, AGED ABOUT 35 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 3. PUNDALIK UCHAGAVAKAR S/O. UCHAGAVAKAR, AGED ABOUT 70 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 4. ASHOK D. SAVANT S/O. DHAJIBHA SAVANT, AGED ABOUT 32 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 5. VITAL K DESAI S/O. KRISHNA DESAI, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 18:16:50 +0530 - 2 - NC: 2025:KHC-D:3760 CRL.P No. 101545 of 2021 AGED ABOUT 28 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 6. SANJAY G DESAI, S/O. GOVIND DESAI, AGED ABOUT 39 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. 7. DEEPAK P UCHAGAVAKAR S/O. PUNDALIK, AGED ABOUT 42 YEARS, OCC. AGRICULTURIST, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT - 591302. …PETITIONERS (BY SRI. GANGADHAR J.M. AND SRI. PRAVEEN P.TARIKAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH ITS KHANAPUR POLICE STATION. 2. SMT. MALAPRABHA NAIK W/O. RAMESH NAIK, AGED ABOUT 33 YEARS, OCC. HOUSEWIFE, R/O. NILAWADA, KOKANAWADA, KANAPUR TALUK, BELAGAVI DISTRICT- 591302. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. ARAVIND D.KULKARNI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, CALL FOR RECORDS SPL. CASE NO.71/2017 ON THE FILE OF SPECIAL JUDGE BY SPECIAL COURT FOR (PROTECTION - 3 - NC: 2025:KHC-D:3760 CRL.P No. 101545 of 2021 OF CHILDREN FROM SEXUAL OFFENCES) AND (SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITIES ACT) AND 3RD ADDL. DISTRICT AND SESSIONS JUDGE AT BELAGAVI AND SET A SIDE THE ORDER DATED 22.04.2021 PASSED BY THE SPECIAL JUDGE BY SPECIAL COURT FOR (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) AND (SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITIES ACT) AND 3RD ADDL. DISTRICT AND SESSIONS JUDGE AT BELAGAVI IN SPL.CASE NO.71/2017, BY ALLOWING THE PRESENT PETTION PERMITTING THE PETITIONERS TO CROSS EXAMINE THE COMPLAINANT I.E., PW-1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are currently facing trial for offences punishable under Sections 147, 504, 143, 506, and 149 of the Indian Penal Code, and under Sections 3(1)(x) and 3(1)(14) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, are before this Court challenging the rejection of their application filed under Section 311 of the Code of Criminal Procedure. 2. Following the cross-examination of PW1 (the survivor), the petitioners filed an application under Section 311 of the Cr.P.C. seeking further examination of the survivor. The Trial Court rejected this application on the ground that the survivor cannot be summoned repeatedly. 3. Respondent No.2, the survivor, is present before this Court and has filed an affidavit stating that she has agreed to withdraw all allegations against the petitioners and has no objection - 4 - NC: 2025:KHC-D:3760 CRL.P No. 101545 of 2021 to quashing the impugned proceedings. This affidavit is hereby placed on record. 4. Although the offences alleged are cognizable and non- compoundable, the fact that the complainant has agreed to withdraw all allegations against the petitioners, and has no objection to quashing the proceedings, renders the trial futile. In view of the settlement between the parties, the probability of convicting the petitioners is remote and bleak. Consequently, the continuation of criminal proceedings against the petitioners would constitute an abuse of the process of law. 5. Accordingly, the petition is allowed, and the impugned proceedings in Spl. Case No. 71/2017, on the file of the learned Special Court for POCSO and the SC/ST (POA) Act, and the 3rd Additional District and Sessions Judge, Belagavi, are hereby quashed. 6. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 92