- 1 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101983 OF 2023 (482 OF CR.PC/528 OF BNSS) C/W CRIMINAL PETITION NO. 101534 OF 2023 IN CRL.P.NO.101983 OF 2023 BETWEEN: GANGADHAR S/O. NINGAPPA WALIKAR, AGED ABOUT 39 YEARS, OCC: ADVOCATES CLERK, R/O. AYODHYA NAGAR, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. SANTOSH NARGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PUBLIC PROSECUTOR, DHARWAD, HIGH COURT, THROUGH SUB-URBAN P.S, DHARWAD. 2. SMT. RAJESHWARI D/O. BASAVARAJ MANNUR, AGED ABOUT 30 YEARS, OCC: ADVOCATE, R/O. SHRINAGAR, NEAR BEHIND BHAVIKATTI PLOT, 7TH CROSS, DHARWAD-01. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1; R2-PARTY IN PERSON) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN RESPECT OF C.C NO. 73/2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND PRINCIPAL JMFC COURT, DHARWAD AND QUASH THE ENTIRE PROCEEDING IN RESPECT OF C.C NO.73/2023 ON THE FILE OF THE PRINCIPAL CIVIL Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 JUDGE AND PRINCIPAL JMFC COURT, DHARWAD FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 354, 504 OF IPC AND ETC. IN CRL. P.NO.101534/2023 BETWEEN: SMT. RAJESHWARI D/O. BASAVARAJ MANNUR, AGE: 30 YEARS, OCC: ADVOCATE, R/O. SHRINAGAR, BEHIND BAVIKATTI PLOT, 2ND CROSS, DHARWAD-580001. NOW PRESENT R/O. SHRINAGAR, BEHIND BAVIKATTI PLOT NO. 7 AND 7TH CROSS, DHARWAD-590001. …PETITIONER (PARTY-IN-PERSON) AND: 1. MR. GANGADHAR S/O. NINGAPPA WALIKAR, AGE: 38 YEARS, OCC: CLERK OF ADVOCATES OFFICE, R/O. NAVA AYODHYA NAGAR, OLD HUBBALLI, DIST. DHARWAD-580024. 2. THE STATE OF KARNATAKA, REP. BY ITS SUB-URBAN P.S, DHARWAD NOW REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BLDG DHARWAD. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R2; SHRI SANTOSH NARGUND, ADV. FOR R1) THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C. SEEKING TO QUASH THE PROCEEDINGS OF SPL.SC/ST NO. 64/2022 ON THE FILE OF II ADDL. DIST AND SESSIONS NO. 64/2022 ON THE FILE OF II ADDL. DIST AND SESSIONS COURT, DHARWAD FOR THE OFFENCES PUNISHABLE U/S. 323, 504 OF IPC AND U/S.3(1)(r), 3(1), (s), 3(2), (va) OF SC AND ST (P) ATROCITIES ACT-2015 TO MEET THE ENDS OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Criminal Petition No.101983/2023 has been filed by the petitioner, Sri.Gangadhar, seeking to quash the entire proceedings in C.C. No.73/2023 pending before the learned Principal Civil Judge and JMFC Court, Dharwad. Similarly, Criminal Petition No.101534/2023 has been filed by the petitioner, Smt.Rajeshwari, seeking to quash the entire proceedings in Special SC/ST No.64/2022 pending before the learned II Additional District and Sessions Judge and Special Judge, Dharwad. Since both cases arise out of a case and counter-case, they are disposed of by this common order. 2. The petitioners in both petitions, namely Sri Gangadhar and Smt Rajeshwari, are present in person. The counsel for the petitioner Sri Gangadhar is also present. 3. In both cases, applications have been filed under Section 482 read with Section 320 of the Code of Criminal Procedure (Cr.P.C.) seeking to quash the proceedings in C.C. No.73/2023, pending before the learned Principal Senior Civil Judge and JMFC Court, Dharwad, and to compound the offences - 4 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 punishable under Sections 323, 354, and 504 of IPC. The applications also seek to quash the proceedings in Spl. SC/ST No.64/2022, pending before the learned II Additional District and Sessions Judge and Special Judge, Dharwad, and to compound the offences punishable under Sections 323 and 504 of the IPC and Sections 3(1), 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The applications are supported by affidavits filed by the petitioners, Sri.Gangadhar and Smt.Rajeshwari, in both matters, and the same are as follows: i. Affidavit of Sri.Gangadhar in Criminal Petition No.101983/2023: “I, Gangadhar S/o Ningappa. Walikar, Aged about 39 years, Occ: High Court Advocate's Clerk R/o: Ayodhya Nagar, Old Hubli, Tq: Hubli, Dist: Dharwad, today at Dharwad, do hereby solemnly affirm and state on oath as follows:- 1. I am the petitioner in the above petition I am well conversant with facts of the case and hence I am swearing to this affidavit. 2. The above petitioner has challenged to set aside/quash the proceedings of C.C. No: 73/2023 - 5 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 pending before Prl Civil Judge (Jr. Div) JMFC Court, Dharwad for the offences punishable U/s. 323, 354, 504 of IPC and registered in Crime No: 208/2022 of Sub-Urban Police Station, Dharwad. The averments made in the petition may be read as part & parcel of the above affidavit. 3. I submit that at the intervention of elders & well wishers the dispute has been resolved. Myself & respondent no-2/complainant has agreed to dissolve the dispute, Hence, this Hon'ble Court be please to quash the all the entire proceedings pending before the court's below against me. 4. I am to submit that now I am not having any enmity between complainant family and our family and on my free mind without force or coercion that i have agreed to close all the proceedings pending before the court's below. 5. I submit that both the parties have agreed to forgo there enmity between them forever. 6. I am informed by respondent no-2 that he has no objection to quash and compound the case filed against me, in this petition before, and he is not having any objection for quashing the case against them before the court below which is pending before C.C. No: 73/2023 pending before Prl Civil Judge (Jr. - 6 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 Dlv) JMFC Court, Dharwad for the offences punishable U/s. 323, 354, 504 of IPC and registered in Crime No: 208/2022 of Sub -Urban Police Station, Dharwad. 7. I submit that we have entered in to the above compromise without any coercion and undue influence. WHEREFORE, I most respectfully pray that this Hon'ble Court be pleased to allow/Quash the accompanying application, in the interest of justice and equity. ii. Affidavit of Smt.Rajeshwari in Criminal Petition No.101534/2023: I, Rajeshwari D/o Basavaraj. Mannur, Aged about 31 years, Occ: Advocate, R/o: Nandi Nilaya, Kumbar Galli, Shahapur, today at Dharwad, do hereby solemnly affirm and state on oath as follows:- 1. I am the petitioner/Party-in-person in the above petition I am well conversant with facts of the case and hence I am swearing to this affidavit. 2. The above petitioner has challenged to set aside/quash the proceedings of Spl.SC/ST No:64/2022 pending before the 2nd Addl. District and Sessions and Special Judge Dharwad for the - 7 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 offences punishable U/s.323, 504 of IPC and U/s.3(1), (r), Sec-3(1), (s), 3(2), (va) of SC & ST(p) Atrocities Act-2015. The averments made in the petition may be read as part & parcel of the above affidavit. 3. I submit that at the intervention of elders &well wishers the dispute has been resolved. Myself & respondent no-2/complainant has agreed to dissolve the dispute, Hence, this Hon'ble Court be please to quash the all the entire proceedings pending before the court's below against me. 4. I am to submit that now I am not having any enmity between complainant family and our family and on my free mind without force or coercion that i have agreed to close all the proceedings pending before the court's below. 5. I submit that both the parties have agreed to forgo there enmity between them forever. 6. I am informed by respondent no-2 that he has no objection to quash and compound the case filed against me, in this petition before, and he is not having any objection for quashing the case against them before the court below which is pending before Spl.SC/ST No: 64/2022 before the 2nd Addl. District and Sessions and Special Judge Dharwad for the - 8 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 offences punishable U/s. 323, 504 of IPC and U/s 3(1), (r), Sec-3(1), (s), 3(2), (va) of SC & ST(p) Atrocities Act-2015. 7. I submit that we have entered in to the above compromise without any coercion and undue influence. WHEREFORE, I most respectfully pray that this Hon'ble Court be pleased to allow/Quash the accompanying application, in the interest of justice and equity” 4. In view of the settlement arrived at between the parties, it is considered unnecessary to prolong the proceedings. Taking into account the facts and circumstances of the case, this Court is of the opinion that the compromise entered into by the parties deserves to be accepted. Accordingly, the proceedings in C.C. No.73/2023, pending before the learned Principal Senior Civil Judge and JMFC Court, Dharwad, and the proceedings in Spl. SC/ST No.64/2022, pending before the learned II Additional District and Sessions Judge and Special Judge, Dharwad, are liable to be quashed. Therefore, this Court proceeds to pass the following order:" - 9 - HC-KAR NC: 2025:KHC-D:7834 CRL.P No. 101983 of 2023 C/W CRL.P No. 101534 of 2023 ORDER The compromise petitions filed under Section 320 of Cr.P.C. by both the parties are accepted. The criminal petitions filed under Section 482 of Cr.P.C. are allowed. The proceedings initiated against the petitioner – Sri.Gangadhar in C.C. No.73/2023, pending before the learned Principal Senior Civil Judge and JMFC Court, Dharwad and the proceedings initiated against the petitioner – Smt.Rajeshwari in Spl. SC/ST No.64/2022, pending before the learned II Additional District and Sessions Judge and Special Judge, Dharwad are hereby quashed. It is hereby ordered that the offences punishable under Sections 323, 354 and 504 of the IPC, and Sections 3(1), 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, stand compounded in view of the settlement between the parties. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN LIST NO.: 1 SL NO.: 69