- 1 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101914 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MANJUNATHA S/O. KRISHNAPPA BHANDARI @ SCIENTISTMANJA, AGE: 35 YEARS, OCC: BUSINESSMAN, R/AT: GOPANKOPPA SHIVA COLONY, TQ: HUBBALLI, DIST: DHARWAD – 580 028. 2. MALA W/O. MANJUNATH BHANDARI, AGE: 40 YEARS, OCC: HOUSEWIFE, R/AT: CHETANA COLONY, GOPANAKOPPA, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 020. 3. MUSKANA D/O. DADAPEER KUNDAGOL, AGE: 19 YEARS, OCC: STUDENT, R/AT: GOPANKOPPA SHIVA COLONY, TQ: HUBBALLI, DIST: DHARWAD – 580 028. …PETITIONERS (BY SRI. G.S.MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KESHAVAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD – 580 001. 2. SHRI. ABDULKHADAR S/O. MAHABUBASAB KUNDAGOL, AGE: 42 YEARS, OCC: EMPLOYED IN PRIVATE FIRM, R/AT: HUBBALLI BENGERI, NEAR SODA FACTORY, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD - 580 031. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. ZANZA JOSHI AND SRI. HIRANKMAR PATIL, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND GRANT PERMISSION TO COMPOUND THE SAID OFFENCES CONSEQUENTLY QUASH THE FURTHER PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 3/PETITIONERS AS IN KESHAVAPUR POLICE STATION IN CRIME NO.0015/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109(1), 74, 115(2), 118(1), 329(4), 352, 3(5) OF BHARATIYA NYAYA SANHITA ACT-2023 PENDING IN C.C.NO.937/2025 ON THE FILE OF JMFC II COURT, AT HUBBALLI AND MAY PLEASE TO ACQUIT THE SAID ACCUSED NO.1 TO 3/PETITIONERS, IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 ORAL ORDER 1. The present petition is filed by accused Nos.1 to 3 under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) to quash the proceedings pending against the petitioners-accused Nos.1 to 3 in C.C.No.937/2025 on the file of the JMFC II, Hubballi. FIR was registered at Keshvapur Police Station in Crime No.15/2025 for the offences punishable under Sections 109(1), 74, 115(2), 118(1), 3(5), 329(4), 352 of Bharatiya Nyaya Sanhita, 2023 on completion of the investigation the charge sheet has been filed. 2. The case of the prosecution is that the complainant’s brother’s son Saleem, who is physically challenged due to polio, was employed by the petitioner No.1(accused No.1) for taking care of horses. It is alleged that accused No.1 harassed Saleem and attempted to involve him in criminal activities. Following the complainant’s advice Saleem left the job. On 08.02.2025 - 4 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 at 00:15 hours., the petitioners, allegedly enraged, confronted the complainant, his wife and Saleem near soda factory, abused and assaulted them, resulting in the lodging of the FIR. After the investigation, a charge sheet was filed, and the Court took cognizance registering the case as C.C.No.937/2025. 3. Petitioners-accused Nos.1 to 3 have now approached this Court seeking quashing of the proceedings on the ground that the matter has been amicably settled between the parties and a joint memo of compromise has been filed to that effect. 4. Accused Nos.2 and 3 are present before the Court today representing the petitioners. It is noted that accused No.1 is in judicial custody, and hence not signed the joint memo. However, the joint memo is signed by accused No.2 and 3, the complainant (respondent No.2) and the injured parties CW6 and CW7 along with joint memo accused Nos.2, 3, CW6 and CW7 have filed the affidavits and the same are taken on record. - 5 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 5. It is further submitted that the injuries sustained by the complainant and injured persons are minor in nature, and the offences arises out of a personal and private dispute, with no element of public interest or serious criminality involved. 6. In view of the above facts and considering the judgment of the Apex Court in the case of Narinder Singh and Others Vs. State of Punjab and Another1 (Narider Singh), where it was held that the criminal proceedings involving personal disputes and minor injuries can be quashed upon genuine compromise to secure the ends of justice. The Apex Court observed that the Courts have power under Section 482 of Cr.P.C (528 of BNSS) to quash criminal proceedings even in non-compoundable offences if the parties have settled the matter amicably, especially where the dispute is private and personal in nature. Therefore, considering the principles laid down in Narinder Singh’s case, this Court is of the view that 1 2014 (6) SCC 466 - 6 - NC: 2025:KHC-D:7187 CRL.P No. 101914 of 2025 continuation of trial would not serve useful purpose and this case is fit for quashing the proceedings. Accordingly, the following: ORDER i. The petition is allowed. ii. The entire proceedings pending on the file of the JMFC II, Hubballi in C.C. No.937/2025 are hereby quashed. iii. The concerned Police authorities are directed to release accused No.1, if he is not required in any other criminal proceedings. _________SD/-_________ JUSTICE K.S.HEMALEKHA AT CT-ASC List No.: 4 Sl No.: 15