- 1 - NC: 2025:KHC-D:7201 CRL.P No. 101901 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101901 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. DASTAGIR, AGE: 22 YEARS, OCC: NIL, R/O: KAILEGAR GALLI, BELAGAVI, BELAGAVI – 01. 2. AAYAN, AGE: 21 YEARS, OCC: NIL, R/O: KAKAR GALLI, BELAGAVI 01. 3. AAJAN, AGE: 21 YEARS, OCC: NIL, R/O: KAKAR GALLI, BELAGAVI – 01. 4. REHAN, AGE: 23 YEARS, OCC: NIL, R/O: SHAHPUR, BELAGAVI – 01. …PETITIONERS (BY SRI. ANWARALI DILAWAR NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MARKET PS, Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7201 CRL.P No. 101901 of 2025 REPRESENTED BY HIGH COURT GOVT PLEADER, OFFICE AT DHARWAD, HIGH COURT DHARWAD – 580 011. 2. AIJAS TAJUDDIN DESAI, AGE: 23 YEARS, OCC: NIL, R/O: 6TH CROSS, AMAN NAGAR, BELAGAVI – 01. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MOHAMED SALMAN KAMALAPUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH IMPUGNED COMPLAINT AND FIR REGISTERED IN CRIME NO.0070/2025 BY MARKET PS, BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 118(2), 118(1), 115(2), 352, 351(3), 3(5) PENDING ON THE FILE OF II JMFC BELAGAVI, IN THE INTEREST OF JUSTICE. AMONGST THE OTHER GROUNDS AT THE TIME OF HEARING AND THE GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED AS PART OF THIS PETITION. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - NC: 2025:KHC-D:7201 CRL.P No. 101901 of 2025 ORAL ORDER The present petition is filed by petitioners/accused Nos.1 to 4 under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) to quash the complaint and FIR registered in Crime No.0070/2025 by Market P.S, Belagavi for the offences punishable under Section 126(2), 118(2), 118(1), 115(2), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS, 2023’), pending on the file of JMFC-II Court, Belagavi. 2. Learned counsels appearing for both the parties have filed application under Section 359 of BNSS/320 of Cr.P.C R/w Section 528 of BNSS duly signed by accused Nos.1 to 4 (Petitioners) and de facto complainant (respondent No.2) affidavit of petitioners and de facto complainant is also filed. 3. Learned counsel for the petitioners submits that the injuries sustained by the complainant in the alleged incident are minor in nature and the offences arises out of a personal and private dispute, with no element of public - 4 - NC: 2025:KHC-D:7201 CRL.P No. 101901 of 2025 interest or serious criminality involved. In view of the above facts and considering the judgment of the Apex Court in the case of Narinder Singh and Others Vs. State of Punjab and Another1 (Narider Singh) and reiterated in the case of Ramgopal and Another Vs. The State of Madya Pradesh2, wherein it has held that even in non-compoundable offences, if the parties arrive at a settlement, the Court can consider the same in the interest of justice. Further, Hon’ble Apex Court observed that criminal proceedings involving personal dispute and minor injuries can quashed upon genuine compromise. 4. Having perused the judgments referred above and taking note that the injuries sustained in this incident are minor in nature and the parties have amicably settled the dispute, to give quietus to the dispute, the settlement is accepted and taken on record. Accordingly, this Court pass the following: 1 2014 (6) SCC 466 2 Criminal Appeal No.1488/2012 - 5 - NC: 2025:KHC-D:7201 CRL.P No. 101901 of 2025 ORDER i. The Criminal Petition filed under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. ii. The complaint and FIR registered in Crime No.0070/2025 by Market P.S, Belagavi for the offence punishable under Section 126(2), 118(2), 118(1), 115(2), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, are hereby quashed. __________Sd/-________ JUSTICE K.S.HEMALEKHA PMP List No.: 2 Sl No.: 43