- 1 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103793 OF 2023 C/W CRIMINAL PETITION NO.101661 OF 2025 IN CRL.P.NO.103793/2023: BETWEEN: 1. SHADAKSHARI @ SHADAKSHARAYYA S/O. SADASIVAYYA HIREMATH, AGE: 75, OCC: MATH MANAGEMENT, RESIDING AT SHIVANANDMATH, GADAG – 582 101, TQ AND DIST: GADAG. 2. SHIVANAND S/O. HANUMANTAPPA NADAVALAGUDDA, AGE: 62 YEARS, OCC: AGRI., R/O: NANDISHWAR NAGAR, KALASAPUR ROAD, GADAG – 582 101, TQ AND DIST: GADAG. 3. GOVINDAPPA S/O. CHANNAPPA HAVERI, AGE: 39 YEARS, OCC: AGRI/BUSINESS, R/O: NANDISHWAR NAGAR, KALASAPUR ROAD, GADAG – 582 101, TQ AND DIST: GADAG. 4. MALISHANTAPPA S/O. MAHADEVAPPA MASANAGI, AGE: 52 YEARS, OCC: AGRI/PRIVATE JOB, R/O: KALASAPUR ROAD, INDIAN BANK NEAR GADAG – 582 101, TQ AND DIST: GADAG. 5. RAMANNA S/O. SHANKRAPPA HOSAMANI, AGE: 52 YEARS, Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 OCC: AGRI/PRIVATE JOB, R/O: SEVALA NAGAR, KALASAPUR ROAD, GADAG – 582 101, R/O: GADAG – 582 101, TQ AND DIST: GADAG. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH, GADAG TOWN PS., REPTD, BY STATE PUBLIC PROSECUTOR, HIGH COURT PREMISES, DHARWAD – 580 011. 2. MALLARADDI S/O. SAMARADDI LINGADAHALLI, AGE: 23 YEARS, OCC: EMPLOYEE IN PRIVATE FIRM, R/O: ASUNDI – 582 101, PRESENTLY RESIDING AT SHIVANAND MATH TQ AND DIST: GADAG. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. RAJENDRA R. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO. 1590/2023 ON THE FILE OF THE COURT OF THE I ADDL. CIVIL JUDGE AND JMFC. I COURT, AT GADAG FOR THE COMPLAINT REGISTERED IN CRIME NO. 66/2023 DATED 23.05.2023 BY THE GADAG TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 504, 506 R/W SECTION 149 OF IPC, INSOFOR AS PETITIONERS/ACCUSED NOS.1 TO 5 ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO.101661/2025: BETWEEN: 1. SRI. MALLAREDDI S/O. SOMAREDDI LINGADAHALLI, AGE: 25 YEARS, OCC: PRIVATE JOB, - 3 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 R/O: ASUNDI, NOW AT GADAG SHIVANAND MATH, GADAG – 582 101. 2. SRI. HANAMANTAPPA @ HANAMANT S/O. KALLAPPA DODAMANI, AGE: 29 YEARS, OCC: TAILOR, R/O: HADAGALI TQ: RON, GADAG – 582 101. …PETITIONERS (BY SRI. RAJENDRA R.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH GADAG TOWN POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD – 580 001. 2. SRI. SHADAKSHARAYYA S/O. SADASHIVAYYA HIREMATH, AGE: 77 YEARS, OCC: MATH MANAGEMENT, R/O: GADAG SHIVANAND MATH, GADAG – 582 101. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI LAXMAN T. MANTAGANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS, 2023) SEEKING THAT QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1592/2023 ON THE FILE OF COURT OF I ADDL. CIVIL JUDGE AND JMFC-I, GADAG REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 324, 504 AND 506 READ WITH SECTION 34 OF IPC IN GADAG TOWN P.S. CRIME NO.65/2023, ORDER SHEET MARKED AT ANNEXURE-A INSOFAR AS PETITIONERS IS CONCERNED IN THE INTEREST OF JUSTICE. THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 ORAL ORDER Crl.P.No.103793 is filed by accused Nos.1 to 5 under Section 482 of Cr.P.C/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’ for short] praying to quash the proceedings of Crime No.66/2023 in CC No.1590/2023 pending on the file of I Additional Civil Judge and JMFC-I Court, Gadag, registered for offences punishable under Sections 143, 147, 323, 504, 506 r/w. Section 149 of Indian Penal Code [hereinafter referred to as ‘IPC’ for short]. 2. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners in Crime No.66/2023 of Gadag Town Police Station for the offences punishable under Sections 143, 147, 323, 504, 506 r/w. Section 149 of IPC. The Police after investigation filed chargesheet against the petitioners for the aforesaid offences. Based on the chargesheet, a case came to be registered against the petitioners in CC No.1590/2023 and it is pending on the file of I Additional - 5 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 Civil Judge and JMFC-I Court, Gadag. The proceedings of the said criminal case are sought to be quashed by the petitioners in this present petition. 3. Crl.P.No.101661/2025 is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C/Section 528 of BNSS praying to quash the proceedings of Crime No.65/2023 in CC No.1592/2023 pending on the file of I Additional Civil Judge and JMFC-I Court, Gadag, registered for offences punishable under Sections 324, 504 and 506 r/w. Section 34 of IPC. 4. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners in Crime No.65/2023 of Gadag Town Police Station for the offences punishable under Sections 114, 324, 504 and 506 r/w. Section 34 of IPC. The Police after investigation filed chargesheet against the petitioners for the aforesaid offences. Based on the chargesheet, a case came to be registered against the petitioners in CC No.1592/2023 and it is pending on the file of I Additional - 6 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 Civil Judge and JMFC-I Court, Gadag. The proceedings of the said criminal case are sought to be quashed by the petitioners in this present petition. 5. In Crl.P.No.101661/2025 learned Additional Government Advocate accepts notice for respondent No.1- State. Sri.Laxman T.Mantagani, the learned counsel has filed vakalath for respondent No.2. 6. Both the cases are case and counter case. An application under Section 320 of Cr.P.C is filed and it is signed by petitioner Nos.1 to 5 and respondent No.2 of Cr.P.No.103793/2023 and petitioners Nos.1 and 2 and respondent No.2 of Crl.P.No.101661/2025. The said application is enclosed with an affidavit of respondent No.2 in Crl.P.No.101661/2025 and petitioner No.1 in Crl.P.No.103793/2023. The respondent No.2 of both the petitions are present and submit that they have settled both the matters with the petitioners of both the cases and had no objections to quash the proceedings of the criminal case registered against the petitioners in both the cases. - 7 - NC: 2025:KHC-D:7060 CRL.P No. 103793 of 2023 C/W CRL.P No. 101661 of 2025 7. In view of the settlement of the said matters between the accused persons and the complainants, the proceedings in CC No.1590/2023 and CC No.1592/2023 pending on the file of I Additional Civil Judge and JMFC-I Court, Gadag, are quashed. Accordingly, both the petitions are disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 36