- 1 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103364 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MUKESH S/O. RANGANATH KADEMANI, AGE. 45 YEARS, RADDY, ANNIGERI NOW AT #44, VENKATESHWAR COLONY, MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-582 201. 2. JAYSHREE RANGANATH KADEMANI, AGE. 42 YEARS, REDDY, ANNIGERI, NOW AT #44, VENKATESHWAR COLONY, MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-582 201. 3. VINAYPRASAD S/O. GURUNATHGOUDA BHARAMAGOUDRA, AGE. 47 YEARS, KONDIKOPPA, ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD-582 201. 4. GURUNATHGOUDA S/O. KRISHNAGOUDA BHARAMAGOUDAR, AGE. 44 YEARS, KONDIKOPPA, ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD-582 201. 5. DASHARATH S/O. RANGAREDDY AREKURAHATTI, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 AGE. 38 YEARS, TQ. NAVALGUND, DIST. DHARWAD-582 201. … PETITIONERS (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH STATE PROSECUTOR, IN ADARSH NAGAR POLICE STATION, VIJAYAPUR-586 103, R/BY SPP, HIGH COURT, DHARWAD. 2. GEETA VENKATESH KADEMANI, AGE. 45 YEARS, OCC. HOUSE WIFE, R/O. ANNIGERI, JADAGERI ONI, ANNIGERI, DHARWAD-582 201. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO CALL FOR THE RECORDS, ALLOW THIS PETITION AND QUASH THE COMPLAINT AND THE FIR AGAINST THE PETITIONERS/ACCUSED NO.1 TO 5 IN P.S. CRIME NO.36/2025 (FIR) LODGED BEFORE THE ANNIGERI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 49, 115(2), 126(2), 118(1), 74, 109, 352, 351(2), 351(3), 190 OF BNS 2023, ADDL. CIVIL JUDGE (JR. DN) AND JMFC, NAVALAGUND PRODUCED AT DOCUMENT NO.1 AND 2 IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court under Section 528 of BNSS 2023 with a prayer to quash the entire proceedings in C.C.No.36 of 2025 registered by Annigeri Police Station, Dharwad, for offences punishable under Sections 189(2), 191(2), 191(3), 49, 115(2), 126(2), 118(1), 74, 109, 352, 351(2), 351(3) & 190 of BNS 2023. 2. Heard learned counsel for the petitioners and the learned HCGP for respondent No.1. 3. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 20.04.2025, FIR in Crime No.36 of 2025 was registered by Annigeri Police Station, Dharwad for the aforesaid offences based on the first information dated 21.04.2025 received from Geeta V. Kademani, wife of the victim. Petitioners herein and others are arrayed as accused in Crime No.36 of 2025. - 4 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 4. In respect of the very same incident that had taken place on 20.04.2025, FIR in Crime No.37 of 2025 was registered by Annigeri Police Station, Dharwad for offences punishable under Sections 189(2), 191(2), 191(3), 49, 115(2), 126(2), 118(1), 74, 109, 352, 351(2), 351(3) & 190 of BNS 2023 based on the first information dated 21.04.2025 received from Mukhesh Kademani, who is accused No.1 in Crime No.36 of 2025. In Crime No.37 of 2025, FIR has been registered against 7 named persons and 30 others. First informant in Crime No.36 of 2025 is arrayed as accused No.7 in Crime No.37 of 2025. 5. Perusal of the material on record would go to show that in the alleged incident that had taken place on 20.04.2025 both the parties had fought against each other and in the said incident members of both the parties have suffered injuries. It is under these circumstances, a case and counter case has been registered in Crime No.36 of 2025 and Crime No.37 of 2025 by Annigeri Police Station, Dharwad. - 5 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 6. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried. 7. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145, has laid down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL reported in (2003)9 SCC 426, and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence - 6 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments. 8. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA reported in ILR 2010 KAR 1719, has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors. 9. So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute, in normal circumstances, the High Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaints prima facie show that necessary ingredients for the alleged - 7 - HC-KAR NC: 2025:KHC-D:12161 CRL.P No. 103364 of 2025 offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in such event, the inherent power under Section 482 Cr.PC can be exercised by this Court. 10. In the case on hand, perusal of the averments made in the complaint would go to show that there are sufficient material to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. I do not find any good ground to entertain this petition. Accordingly, the following order is passed: Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 40