- 1 - HC-KAR NC: 2025:KHC-D:16260 CRL.P No. 102766 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102766 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NITIN B.E. S/O. ISHWARAPPA S. AGE: 30 YEARS, OCC: PRIVATE WORK, R/O: BAYARASANDRA VILLAGE, HARALUR MAIN ROAD, H.NO.134, TQ. TUMAKUR-572104 NOW RESIDING AT 9, 1ST FLOOR, SSVR LUPEN APARTMENT OPPOSITE TO CANARA BANK K.VEERANNA LAYOUT, TINDU MAIN ROARD, BENGALURU 560067. &PETITIONER (BY SRI. V.M. BANAKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY APMC NAVANAGAR POLICE STATION HUBBALLI NORTH SUB DIVISION NAVANAGAR, HUBBALLI, DIST. DHARWAD REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH CORUT OF KARNATAKA, BENCH AT: DHARWAD 580011. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16260 CRL.P No. 102766 of 2025 2. MALLIKARJUN S/O. BASAVARAJ SHIRASANGI AGED ABOUT 30 YEARS, OCC: PRIVATE WORK R/O: HOUSE NO. 44, 2ND CROSS, RADHIKA PARK, GAMANAGATTI, BAIRIDEVARAKOPPA, HUBBALLI DIST: DHARWAD-580025. &RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN C.C.NO.3037/2021 AGAINST THE PETITIONER/ACCUSED NO.6 FOR THE OFFENCE P/U/SEC. 120(B), 406, 409, 420, 465, 468, 471 R/W 34 OF IPC AND U/SEC. 74 OF I.T ACT IN APMC NAVANAGAR, P.S. HUBBALLI CRIME NO.59/2020 BY ALLOWING THIS PRESENT PETITIONER/ACCUSED NO.6 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16260 CRL.P No. 102766 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard Sri. V.M. Banakar, the learned counsel for the petitioner and Smt. Girija S. Hiremath, the learned HCGP for the respondent. 2. The petitioner is accused No.6. Qua the other accused, this Court had quashed the proceedings. The same reads as follows: <1. The petitioners are before this Court seeking the following prayer: <WHEREFORE, the Petitioner/Accused No.9, most humbly prays that this Hon'ble Court may be pleased to quash the impugned order dated 30/8/2022 passed by III Addl. Senior Civil Judge and JMFC., Hubballi in C.C. No. 3037/2021, consequently by quashing the entire proceedings against the petitioner for the offence punishable U/s 120(B), 406, 409, 420, 465, 468, 471 R/w- 34 of IPC and Section 74 of I.T Act. in C.C. No. 3037/2021, by Accused No.9 20 allowing this present Petition in so far as petitioner/accused No.9 is concerned, in the interest of justice and equity.= 2. During the pendency of the petition, the parties to the lis have settled the dispute amongst themselves and have filed a joint memorandum of compromise. The joint memorandum reads as follows: JOINT MEMO BY THE RESPONDENT NO.2/COMPLAINANT AND THE PETITIONER The advocates for the Respondent No.2/Complaint and the Petitioner begs to submit as under:- 1. It is submitted that, the complainant/ Mallikarjuna S/o Basavaraj Shirasangi filed a complaint - 4 - HC-KAR NC: 2025:KHC-D:16260 CRL.P No. 102766 of 2025 against his wife/Accused No.1 and Accused No.2 to 5 who are their relatives of the Accused no.1 and 6 to 7 are the computer operators and Accused.9/Petitioner who is Assistant Commissioner of Birth and Death Registration Office at Hubballi-Dharwad Municipal Corporation. The petitioner is arrayed as accused No.9 for the offence punishable U/s- 120(B), 406, 409, 420, 465, 468, 471 R/w- 34 of IPC Section 74 of 1.T Act. in APMC Navanagar P.S.crime No.59/2020 and further after investigation charge sheet came to filed by the Respondent No. 1 in C.C. No. 3037/2021 for the alleged offences pending on the file of III Addl. Senior Civil Judge and JMFC., Hubballi. 2. It is submitted that, now the complainant/Respondent No.2 and his wife/Accused No.1 resolved their dispute amicably and now complainant/Respondent No.2 and Accused No.1/Wife are staying together and hence the complainant is not having any allegation against the petitioner, hence I have no objections to quash the entire proceedings against the petitioner/Accused No.9. Wherefore the it is humbly prays before this Hon'ble Court that, under these circumstances complainant/ Respondent No.2 has no objection to quash the entire proceedings against the petitioner/ Accused No.9 for the alleged offences punishable U/s- 120(B), 406, 409, 420, 465, 468, 471 R/w- 34 of IPC and Section 74 of I.T Act, in C.C. No. 3037/2021 pending on the file of III Addl. Senior Civil Judge and JMFC., Hubballi. in the interest of Justice and Equity. Hence this Joint Memo. 3. In the light of the offence being under Sections 406, 409, 420, 465, 468 and 471 of IPC and not being against the State, I deem it appropriate to accept the settlement and close the proceedings qua the petitioner. 4. For the aforesaid reasons, the following ORDER i. The petition is disposed of. - 5 - HC-KAR NC: 2025:KHC-D:16260 CRL.P No. 102766 of 2025 ii. The proceedings in CC No.3037/2021 on the file of the learned III Additional Senior Civil Judge and JMFC, Hubballi, stands quashed qua the petitioner.= 3. The learned HCGP would not dispute the position and accept the fact that qua the other accused, the proceedings are quashed. 4. In that light, the petition deserves to succeed. Accordingly, the following: ORDER i. The Criminal Petition is allowed. ii. The proceedings in C.C. No.3037/2021 on the file of the III Addl. Senior Civil Judge and JMFC, Hubballi qua the petitioner is quashed. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 275