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2025 DAILYLAW 47875 (KAR)

GABRIEL BABU v. THE STATE OF KARNATAKA

CRL.P/101448/2025 · 2025-03-22

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5296 CRL.P No. 101448 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101448 OF 2025 BETWEEN: 1. GABRIEL BABU S/O. GEORGE SADANI, AGE: 45 YEARS, OCC: RAILWAY EMPLOYEE, R/O: H. NO.45, NEW KALYAN NAGAR, GANDHIWADA, GADAG ROAD, HUBBALLI, TALUK: HUBBALLI, DISTRICT: DHARWAD – 580 020. 2. SMT. RADHA W/O. GABRIEL BABU, AGE: 40 YEARS, OCC: RAILWAY EMPLOYEE, R/O: H. NO.45, NEW KALYAN NAGAR, GANDHIWADA, GADAG ROAD, HUBBALLI, TALUK: HUBBALLI, DISTRICT: DHARWAD – 580 020. 3. YOHOSHIVA @ YESAB S/O. GEORGE SADANI, AGE: 33 YEARS, OCC: RAILWAY EMPLOYEE, R/O: CEMEN CHAWL, GADAG ROAD, HUBBALLI, TALUK: HUBBALLI, DISTRICT: DHARWAD – 580 020. …PETITIONERS (BY SRI. G. I. GACHCHINAMATH & SRI. SHASHANT S. CHATRI, ADVOCATES) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5296 CRL.P No. 101448 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH KESHAVAPUR, POLICE STATION HUBBALLI, REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DIST: DHARWAD - 01. 2. SRI. JOHN DHARA S/O. YESU DHARA, AGE: 27 YEARS, OCC: STUDENT, R/O: #80, 1ST CROSS, NEAR DDM CHURCH, SUNDARPUR, GADAG ROAD, HUBBALLI – 580 029, TALUK: HUBBALLI, DISTRICT: DHARWAD. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. B.V.MALLAPUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND FURTHER QUASH THE FIR REGISTERED IN HUBALI KESHAVAPUR PS CRIME NO. 0169/2024, DATED 16.10.2024, AND ALSO QUASH ALL THE PROCEEDINGS IN HUBLI KESHAVAPUR PS CRIME NO. 0169/2024, AGAINST THE PETITIONER/A1 TO A3 PENDING ON THE FILE OF JMFC-II COURT, HUBBALLI, BASED ON THE SAID FIR FILED BY THE RESPONDENT FOR THE ALLEGED PUNISHABLE UNDER SECTIONS 115(2), 118(1), 126(2), 351(2), 351(3), 352 READ WITH 3(5) OF BHARATIYA NYAYA SANHITA, 2023, IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5296 CRL.P No. 101448 of 2025 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioners/accused Nos.1 to 3 praying to quash FIR registered in Hubli Keshavapur Police station in Crime No.169/2024 dated 16.10.2024 and proceedings against them in the said crime registered for offences punishable under Sections 115(2), 118(1), 126(2), 351(2), 351(3), 352 r/w 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 2. Respondent No.2 has filed a complaint against the petitioners and same came to be registered in Crime No.169/2024 of Keshavapur P.S. for the aforesaid offences. The FIR of the said crime was sought to be quashed by the petitioner in this present petition. 3. The said quashing is sought on the ground that the petitioners have entered into compromise with respondent No.2 as per compromise agreement dated 12.12.2024 and which is at Annexure-‘E’. The said compromise agreement is signed by petitioners and - 4 - NC: 2025:KHC-D:5296 CRL.P No. 101448 of 2025 respondent No.2. Respondent No.2 is present before the court and submits no objection to quash the proceedings against the petitioners. In view of settlement of dispute between the parties, the proceeding against the petitioners requires to be quashed. 4. In the result, the following: ORDER i. The petition is allowed. ii. The proceedings against the petitioners in Crime No.169/2024 of Hubli Keshavapur Police station are quashed. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 21