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2025 DAILYLAW 49818 (KAR)

NEMICHAND SUTAR v. THE STATE OF KARNATAKA

CRL.P/101745/2025 · 2025-04-29

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:7071 CRL.P No. 101745 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.101745 OF 2025 BETWEEN: 1. NEMICHAND SUTAR, AGE: 48 YEARS, OCC: BUSINESS, R/AT: KESHAWAPUR, TQ: HUBBALLI, DIST: DHARWAD – 580 029. 2. HARISH S/O. SHRINIVAS DALALKAR, AGE: 34 YEARS, OCC: ENGINEER, R/AT: KATAGAR ONI, WARD NO.6, ILKAL (RURAL), BAGALKOTE – 587 125. 3. ABHISHEK S/O. LATE SHIVANAND AYYANGOUDAR, AGE: 26 YEARS, OCC: SUPERVISIOR, R/AT: 46, 1ST CROSS, NEAR WATER TANK, NAVA AYODHYA NAGAR, TQ: HUBBALLI, DIST: DHARWAD – 580 024. 4. HASAN ALI GOLANDAZ S/O. SHOKATALI, AGE: 43 YEARS, OCC: MASON, R/A: JANNAT NAGAR, TQ: HUBBALLI, DIST: DHARWAD – 580 024. 5. ASHPAQ AHMAD SHIRAHATTI, AGE: 39 YEARS, OCC: MASON, R/AT: LIMBUWALE PLOT, TIPPUN NAGAR, OLD HUBBLLI, TQ: HUBBALLI, DIST: DHARWAD – 580 024. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7071 CRL.P No. 101745 of 2025 AND: 1. THE STATE OF KARNATAKA, KESHWAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. 2. SMT. LAXMI W/O. NAGESH DODDAMANI, AGE: 26 YEARS, OCC: HOUSEWIFE, R/AT: NAVALGUND, R/AT: KUSUGAL ROAD, DESHPANDE LAYOUT, 1ST STAGE NEMICHAND SUTAR’S NEWLY CONSTRUCTING HOUSE SHED, TQ: HUBBALLI, DIST: DHARWAD – 580 029, KARNATAKA …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ZANZA JOSHI AND SRI HIRANKUMAR J. PATEL, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 5/PETITIONERS AS IN KESHWAPUR POLICE STATION CRIME NO.19/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 105 OF BNS, 2023 PENDING ON THE FILE OF JMFC II COURT, AT HUBBALLI IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:7071 CRL.P No. 101745 of 2025 ORAL ORDER This petition is filed by petitioners –accused Nos.1 to 5 under Section 528 of BNSS praying to quash the proceedings in Crime No.19/2025 of Keshavapura Police Station registered for offences punishable under Section 105 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS’ for brevity). 2. On the complaint of respondent No.2, a case came to be registered against petitioners –accused Nos.1 to 5 in Crime No.19/2025 of Keshavapur Police Station registered for offences punishable under Section 105 of BNS. 3. Learned AGA accepts notice for respondent No.1 –State. Sri Zanza S Joshi and Hirankumar J Patel, learned counsels files vakalath for respondent No.2. 4. Joint memo has been filed under Section 359(6) and (8) of BNSS and it is signed by petitioner Nos.1 to 5, respondent No.2 and their respective counsels. It is also signed by father and mother of the victim. Victim is one - 4 - NC: 2025:KHC-D:7071 CRL.P No. 101745 of 2025 Nagesh Doddamani who died in the incident and he is husband of respondent No.2 and his parents affixed their signature on the joint memo. 5. Affidavits of respondent No.2 and parents of the deceased Nagesh Doddamani are filed. The matter has been settled between petitioners and respondent No.2 and parents of the deceased - Nagesh Doddamani. Petitioners have agreed to pay sum of Rs.5,00,000/- (rupees Five Lakhs only) as compensation to respondent No.2 and Smt Shantavva H Halagi @ Doddamani who is mother of the deceased and Sri Hanumantappa K Halagi @ Doddamani - the father of the deceased. The said compensation amount of Rs. 5,00,000/- (rupees Five Lakhs only) has been paid by way of demand draft bearing No.165161 dated 29.04.2025 infavour of respondent No.2 drawn on Bank of Baroda. 6. Respondent No.2 is present and acknowledges receipt of the said demand draft. Parents of the deceased are also present and they have no objections for - 5 - NC: 2025:KHC-D:7071 CRL.P No. 101745 of 2025 respondent No.2 receiving demand draft drawn in her name. Respondent No.2 submits that she has no objections to quash the FIR and complaint registered against petitioners. 7. In view of the settlement, the FIR and complaint in Crime No. 19/2025 of Keshavapur Police Station are quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 13