- 1 - HC-KAR NC: 2025:KHC-D:12840 CRL.P No. 103852 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. 103852 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NINGAPPA S/O CHANNABASAPPA NALAVAL, AGE. 51 YEARS, OCC. FARMER, R/AT: MATTIGATTI VILLAGE, TQ. KUNDAGOLA, DIST. DHARWAD-580 028. 2. SIDDU @ SIDDESHWARA S/O ISHWARAPPA ALAGAWADI, AGE. 36 YEARS, OCC. FARMER, R/AT: MATTIGATTI VILLAGE, TQ. KUNDAGOLA, DIST. DHARWAD-580 028. 3. ARUN @ ARUNKUMARA S/O KALLAPPA NALAVAL, AGE. 34 YEARS, OCC. FARMER, R/AT: MATTIGATTI VILLAGE, TQ. KUNDAGOLA, DIST: DHARWAD-580 028. … PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12840 CRL.P No. 103852 of 2025 AND: 1. THE STATE OF KARNATAKA, GUDAGERI POLICE STATION, DHARWAD, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. 2. RAMESH S/O SHIVANAND GUDI, AGE. 30 YEARS, OCC. FARMER, R/AT: MATTIGATTI VILLAGE, TQ. KUNDAGOLA, DIST. DHARWAD-580 028. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HIRANKUMAR J. PATEL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 3/PETITIONERS AS IN GUDAGERI POLICE STATION IN CRIME NO.61/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 323, 341, 448, 504 AND 506 R/W 34 OF INDIAN PENAL CODE PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, AT: KUNDGOL IN C.C. NO.280/2024, 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:12840 CRL.P No. 103852 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 CC No.280/2024 pending before the Court of Civil Judge and JMFC, Kundgol, arising out of Crime No.61/2023, registered by Gudageri Police Station, Dharwad, for the offences punishable under Sections 504, 323, 341, 448, 109, 506 and 34 of IPC, as against them. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that dispute between the parties has been amicably settled at the intervention and well wishers of both the parties. The charge sheeted offences are all compoundable in nature. The settlement arrived between the parties is voluntary, without there being any undue influence or coercion. According, they pray to allow the petition. 4. The parties, who are present before this Court in-person are identified by their respective Advocates. Parties have stated - 4 - HC-KAR NC: 2025:KHC-D:12840 CRL.P No. 103852 of 2025 that settlement between them is voluntary without there being any undue influence or coercion. 5. The application filed by the parties before this Court under Section 359 (6) and (8) of BNSS, 2023 and the affidavit of respondent No.2 which is filed separately are taken on record. In paragraph Nos.3 and 4 of the application, which is signed by the parties and their respective advocates, it is stated as follows:- “3) The petitioners & respondent no: 2 at the intervention of the well-wishers and the elderly members of both the side family members decided to put an end to the dispute between them and petitioners & respondent no.2 are neighbors residing in same village & accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will & wish, respondent no: 2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent no: 2 against the petitioners herein the above mentioned petition is filed. 4) The respondent no: 2 has agreed to close the proceedings as mentioned against the petitioners & - 5 - HC-KAR NC: 2025:KHC-D:12840 CRL.P No. 103852 of 2025 also agreed to give up all their claims in respect of said cases as the dispute is in respect of personal in nature. Hence it is just and necessary to permit the petitioners & respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial.” 6. Considering the nature and gravity of the allegations found in the first information and since the parties, who are all residing in the same village have now settled their dispute inter se amicably, I am of the opinion that the prayer made in the application seeking permission of this Court to compound the alleged offences for which charge sheet has been filed against the petitioners is required to be granted. Accordingly, the following order:- 7. The application filed by the parties for compounding the alleged offences in the present case is allowed. Consequently, Criminal Petition is allowed. The entire proceedings in CC No.280/2024 pending before the Court of Civil Judge and JMFC, Kundgol, arising out of Crime No.61/2023, registered by Gudageri Police Station, Dharwad, for the offences punishable - 6 - HC-KAR NC: 2025:KHC-D:12840 CRL.P No. 103852 of 2025 under Sections 504, 323, 341, 448, 109, 506 and 34 of IPC, as against the petitioners stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 56