Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:7063 CRL.P No. 100974 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. 100974 OF 2025 BETWEEN:
1. KALLAPPA S/O. GOPANNA UPPAR, AGE: 55 YEARS, OCC: I/C (IN-CHARGE) SECTION OFFICER, R/O: DAMBAL, HESCOM, TALUK LAXMESHWAR – 582 210, DIST: GADAG. 2. VEERANNA S/O. RUDRAPPA SAVADI, AGE: 54 YEARS, OCC: LINEMAN, R/O: KADAMPUR CAMP, KALASAPUR ROAD, KEB COLONY, DISTRICT GADAG – 582 101. …PETITIONERS (BY SRI. BASAVARAJ PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP/BY ITS SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHRWAD-580001. (THROUGH MUNDARAGI PS). 2. SHARANAPPA @ MANJAPPA S/O. BHARAMAPPA BANAVI, AGE: 41 YEARS, OCC: AGRICULTURIST, R/T: KADAMPUR, TALUK: MUNDARAGI – 582118, DIST: GADAG. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
SMT. PRIYANAKA KADAMPUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C (U/S 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.457/2019 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC., MUNDARGI (ARISING OUT OF CRIME NO.37/2019 REGISTERED BY MUNDARGI P.S.) FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 285, 304(A) OF IPC., BY ALLOWING THIS CRIMINAL PETITION INSOFOR THESE PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:7063 CRL.P No. 100974 of 2025
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.1 and 2 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.37/2019 pending on the file of Civil Judge and JMFC, Mundargi, registered for offences punishable under Sections 285 and 304(A) of Indian Penal Code [hereinafter referred to as ‘IPC’ for short]. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners in Crime No.37/2019 of Mundaragi Police Station for the offences punishable under Sections 285 and 304(A) of IPC. The Police after investigation filed chargesheet against the petitioners for the aforesaid offences.
Based on the chargesheet, a case came to be
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NC: 2025:KHC-D:7063 CRL.P No. 100974 of 2025
registered against the petitioners in CC No.457/2019 and it is pending on the file of Civil Judge and JMFC, Mundargi. The proceedings of the said criminal case are sought to be quashed by the petitioners in the present petition. 3. Petitioner Nos.1 and 2 are present. Respondent No.2 is also present and an affidavit of respondent No.2 is filed. Respondent No.2 submits that HESCOM authorities have awarded compensation of Rs.5,00,000/- as per order dated
16.05.2023. He further submits that he is withdrawing the complaint filed by him against the petitioners. The affidavit filed also contains the said aspects as stated by respondent No.2. Copy of said order is also enclosed with an affidavit and it is dated 16.05.2023 where under the compensation of Rs.5,00,000/- has been awarded to the petitioner in view of death of his father. In view of respondent No.2 withdrawing of complaint filed against the petitioners, the proceedings against the petitioners in CC No.457/2019
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NC: 2025:KHC-D:7063 CRL.P No. 100974 of 2025
pending on the file of Civil Judge and JMFC, Mundargi, are quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
PJ CT-ASC List No.: 1 Sl No.: 48