- 1 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103871 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. PUNDALIK @ SALMAN BASAVARAJ RAMADATTA S/O BASAVARAJ RAMADATT, AGE. 20 YEARS, OCC. LABOUR (FABRICATION WORK), R/O. ARALIKATTI COLONY, 4TH CROSS, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 2. JILANI DAVALSAB NADAF S/O. DAVALSAB NADAF, AGE. 28 YEARS, OCC. FISH MERCHANT, R/O. ARALIKATTI COLONY, NEAR HAZARAT BILANA MASJID, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 3. IMRAN @ IMMU DAVALSAB NADAF S/O DAWALSAB NADAF, AGE. 31 YEARS, OCC. FISH MERCHANT, R/O. ARALIKATTI COLONY, NEAR HAZARAT BILANA MASJID, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 4. KHAJA BASHA S/O ISMAILSAB MULLA S/O ISMAILSAB MULLA, AGE. 19 YEARS, OCC. LABOUR (FABRICATION WORK), R/O. ARALIKATTI COLONY, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 5. MUBARAK S/O MOHAMMAD RAFIQ MANCHIKOPPA S/O MOHAMMAD RAFIQ MANCHIKOPPA, AGE. 20 YEARS, OCC. LABOUR (FABRICATION WORK), R/O. ARALIKATTI COLONY, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 6. AYUB S/O AMIRKHAN BEPARI S/O AMIRKHAN BEPARI, AGE. 24 YEARS, OCC. PAINTING WORK, R/O. ARALIKATTI COLONY, 1ST CROSS, NEAR MASJID ROAD, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 7. MAHABOOBSAB S/O ISMAILSAB MULLA S/O ISMAILSAB MULLA, AGE. 20 YEARS, OCC. FABRICATION WORK, R/O. ARALIKATTI COLONY, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. 8. IMARAN MULLA S/O. ISMAIL, AGE. 52 YEARS, OCC. FABRICATION WORK, R/O. ARALIKATTI COLONY, HUBBALLI, TQ. HUBBALLI, KARNATAKA, DIST. DHARWAD-580 029. … PETITIONERS (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HUBBALLI TOWN POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. VAJIDA W/O IRFAN SANSHI W/O. IRFAN SANSHI, AGE. 35 YEARS, OCC. HOUSE WIFE, R/O. GUDSHED ROAD, KULKARNI HAKKAL, 3RD CROSS, TQ. HUBBALLI, DIST. DHARWAD-580 029. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COMPLAINT, FIR IN CRIME NO.0066/2025 REGISTERED BY HUBBALLI TOWN POLICE STATION PENDING FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 118(1), 126(2), 74, 109, 190 OF BNS-2023, PENDING ON THE FILE BEFORE THE JMFC-I COURT, HUBBALLI IN RESPECT OF THE PETITIONERS HEREIN, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 8 are before this Court under Section 528 of BNSS 2023 with a prayer to quash the entire proceedings in Crime No.66 of 2025 registered by Hubballi Town Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 126(2), 74, 109 & 190 of BNS 2023, which is pending before the Court of JMFC-I, at Hubballi. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioners and the learned counsel for respondent No.2 jointly submit that the dispute between the parties, who are all known to each other, have been amicably settled. The first informant has suffered only simple injury in the incident in question. The settlement arrived between the parties is voluntary, without there being any undue influence or coercion. Parties have filed an application before this Court under Section 359 of - 4 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 BNSS 2023 and the said application is supported by the affidavit of respondent No.2 and the petitioner No.1 herein. Accordingly, they pray to allow the petition. 4. Learned HCGP however has brought to the notice of this Court that the impugned criminal proceeding has been initiated for non-compoundable offences. The parties who are present before this Court are identified by their respective learned counsels. The parties have stated that the dispute between them has been amicably settled and the said settlement is voluntary, there being any undue influence or coercion. The application filed by the parties under Section 359 read with Section 528 of BNSS 2023 is supported by the affidavit of respondent No.2. The same is taken on record. The application is signed by the parties and also by the learned advocates. In Paragraph Nos.2 to 5 of the application, it is stated as follows: “2. It is further submitted that Respondent No.02/Defacto Complaint, victim and Petitioners/Accused No.01 to 08 are known to - 5 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 each others. Therefore, the parties approached the elders of the society and family members regarding the alleged crime. Consequently, the allegations against the Petitioners have been resolved before the elders of the family members. 3. That during the pendency of these proceedings the Respondent No.2 and Petitioners have amicably settled the matter. Now, the Respondent No.2 hereby withdraw all the allegations made against Petitioners and have no objection to quash the entire proceedings in Crime No. 0066/2025 which registered by Hubballi Town Police station against the Petitioners/Accused No.01 to 08 for the offences punishable under section 189(2), 191(2), 191(3), 118(1), 126(2), 74, 109, 190 of BNS- 2023 pending before The Hon'ble The Hon'ble JMFC I. Court, Hubballi. The Petitioners and the Respondent No.2 have undertaken to put an end to this case. 4. It is submitted that Respondent No. 2 first informant is not interested prosecute the - 6 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 case against the Petitioners, Hence both the parties are voluntarily ready to end the disputes. 5. It is submitted that if this application is allowed, no loss or harm will be caused to Respondent No. 01. If the same denied, the parties will face untold hardship and injury which cannot be compensated in terms of money.” 5. In paragraph Nos.3 and 4 of the affidavit filed by the respondent No.2-victim, it is stated as follows: “3. I state that, I and victim, Petitioners/Accused No.01 to 08 are known to me. It was misunderstanding from my side that Petitioners was involved in the alleged incident. The Petitioners has not harassed or done any alleged offences mentioned in the FIR in Crime No.0066/2025 or in Compliant. 4. That during the pendency of these proceedings the myself and Petitioners have amicably settled the matter. Now, I hereby withdraw all the allegations made against Petitioners and have no objection to quash the entire proceedings in Crime No. 0066/2025 - 7 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 which registered by Hubballi Town Police station against the Petitioners/Accused No.01 to 08 for the offences punishable under section 189(2), 191(2), 191(3), 118(1), 126(2), 74, 109, 190 of BNS-2023 pending before The Hon'ble The Hon'ble JMFC 1. Court, Hubballi. The Petitioners and the Respondent No.2 have undertaken to put an end to this case.” 6. The Hon'ble Supreme Court in the case of Ram Gopal and another vs. State of Madhya Pradesh1 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court can exercise its powers under Section 482 of Cr.P.C. for quashing criminal cases registered for non-compoundable offences depending upon the nature and gravity of the allegations and also the nature of settlement between the parties. 7. In the present case, the nature of allegations found against the accused / petitioners is not of grave in nature and the respondent No.2, who is the victim in the 1 AIR 2022 (14) SCC 531 - 8 - HC-KAR NC: 2025:KHC-D:12859 CRL.P No. 103871 of 2025 present case has suffered a simple injury as a result of alleged assault made by the petitioners. The parties intend to give a quietus to the inter se dispute and live peacefully in future. Under the circumstances, I am of the opinion, prayer made in this petition needs to be granted. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in Crime No.66 of 2025 registered by Hubballi Town Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 126(2), 74, 109 & 190 of BNS, 2023, which is pending before the Court of JMFC-I, at Hubballi, as against the petitioners is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK LIST NO.: 1 SL NO.: 63