- 1 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102297 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: RAVI S/O HARI BAHADDUR, AGE: 29 YEARS, OCC: PRIVATE JOB, R/O. BEHIND HOSUR CANARA HOTEL, NEAR DISTRICT PANCHAYAT OFFICE, HUBBALLI-580020. …PETITIONER (BY SMT. ANUSHA V. SANGAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, SUB URBAN POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580004. 2. PRITAM SINGH S/O. DHARMASINGH HUNDAL, AGE: 73 YEARS, OCC: SOCIAL SERVICE, R/O. GURUNANAK MISSION TRUST, SHREE GURUSING SABHA , DESHPANDE NGAR, HUBBALLI- 580020. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1; SHRI GANESH S. JITURI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED/PETITIONER ARISING OUT OF SUB URBAN POLICE STATION CRIME NO.146/2024 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC (JR.DIV) AT HUBBALLI IN CRIME NO.146/2024 FOR THE OFFENCE PUNISHABLE U/S.299 OF BHARATIYA NYAYA SANHITA 2023, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt. Anusha Sangami., learned counsel for the petitioner, Sri. Abhishek Malipatil., learned High Court Government Pleader for respondent No.1 – State and Sri. Ganesh Jithuri., learned counsel for respondent No.2. The petitioner-accused and the de facto complainant are present. 2. The petitioner/accused has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 482 of Cr.P.C], seeking to quash the entire proceedings in Crime No.146/2024 of Hubballi Sub-Urban Police Station for offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of Principal Civil Judge and JMFC, Hubballi. Now, the petitioner and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families. - 3 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 3. In view of settlement, the petitioner and respondent No.2 have filed a joint memo under Section 359 (6) and (8) of BNSS, 2023. The contents of compromise petition read as under: Herein the advocate for the petitioner submits before this Hon'ble Court as follows; 1) That, in view of the intervention of elders the petitioner and Respondent No. 2, have mutually agreed to the following terms and conditions mentioned below; 2) That, the respondent No.2/complainant had lodged the complaint against the Accused/petitioner as arising out of Sub Urban Police Station Crime No.146/2024 pending on the files of Hon'ble Principal Civil Judge & JMFC (Jr.Dv), At Hubballi for the offence punishable Under Section 299 of Bhartiya Nyaya Sanhita 2023 the dispute as aroused between the petitioner / Accused & respondent No.2 has been settled amicably and willing to withdraw the case. Hence in view of the same the petitioner have filed this petition quashing of entire proceeding which is pending for consideration. 3) The petitioner and the respondent No.2 at the intervention of the well-wishers and the elderly members of religion decided to put an end to the dispute and heeding the advice of the elders the respondent no. 2 wants to withdraw the case and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will & wish, respondent No.2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent No.2 - 4 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 against the petitioner herein the above mentioned petition is filed. 4) The respondent No.2 has agreed to close the proceedings as against the petitioner, the petitioner and respondent No.2 also agreed to give up all their claims in respect of said cases as arouse in the dispute is in respect of personal in nature. Further it is submitted that since the dispute between the petitioners and the respondent No.2 are private in nature and accordingly has agreed not to prosecute / contest the above-mentioned case against the petitioner / accused. Hence, it is just and necessary to permit the petitioner and the respondent No.2 to compound the said case instead of subjecting the petitioner to face the trial. 5) In view of this respondent No.2 is filing the affidavit on her behalf in view of the joint memo of compromise. THEREFORE, the petitioner & respondent No.2 humbly prays before this Hon'ble Court that the petition as prayed by the petitioner may be allowed in terms of compromise, in the ends of justice. 4. In support of the joint memo, respondent No.2- the de facto complainant has filed his affidavit. The contents of the affidavit reads as under; AFFIDAVIT OF COMPLAINANT I, Pritam Singh S/o Dharmasingh Hundal, AGE: 73 YEARS, OCC: social service, R/o: #107, Aman Nivas, Sirur Park, Vidyanagar, Hubballi,- Tq: Hubballi, Dist: Dharwad - 580 020. Today at Dharwad, I do hereby state on oath as under; - 5 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 1) I state that I am the complainant/respondent No.2 in the above said case and I am having knowledge of the said case; hence I swear to this affidavit. 2) In view of the intervention of the well- wishers and the elderly members of both the side religious members the petitioner and myself had mutually agreed to settle the dispute and now myself agrees not to prosecute the above- mentioned case against the petitioner/accused as the dispute between petitioner & myself is already resolved. 3) I had lodged the complaint against the Accused Now the dispute as aroused between me & petitioner is settled and has been compromised the matter amicably. Hence in view of the same the petitioner have filed this petition. 4) I further state that, myself and the petitioner at the intervention of the well-wishers and the elderly members of both the side family members decided to put an end to the dispute between ourselves and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody and is out of my own free will & wish, I assure that I will not prosecute any other criminal cases nor the above case as same is personal in nature, accordingly to facilitate compounding of the said offences alleged by me against the petitioners, the petitioners herein the above mentioned have filed this petition. THEREFORE, I humbly pray before this Hon'ble Court may kindly be pleased to allow the petition as prayed by the petitioner/accused in the joint memo, in the ends of justice. 5. Learned counsels for the petitioner, respondent No.2 and learned HCGP for respondent No.1- State submit - 6 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 that, in view of the compromise arrived at between the parties, the Court may accept the compromise petition and quash the proceedings. 6. Perused the material available on record. 7. The complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioner, since he has compromised the dispute with the petitioner-accused, it will be a futile exercise, if the petitioner-accused is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement arrived at between the parties. Hence, the continuation of the criminal proceedings will be an abuse of process of law. 8. In view of the settlement arrived at between the parties and in view of the ratio laid down by the Hon’ble Apex Court in the case of Narinder Singh & Ors Vs. State Of Punjab & Anr1, it is just and necessary to 1 (2014) 6 SCC 466 - 7 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 allow the joint memo and parties are permitted to compound the offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023. Hence, this Court is of the opinion that the compromise arrived at between the parties is hereby accepted and criminal proceedings arising out of Crime No.146/2024 of Hubballi Sub-Urban Police Station for the offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of Principal Civil Judge and JMFC, Hubballi, are required to be quashed. Hence, this Court proceeds to pass the following: ORDER i. The joint memo filed under Section 359 (6) and (8) of Bharatiya Nagarik Suraksha Sanhita, 2023, by both the parties is accepted. ii. The criminal petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of. iii. The proceedings initiated against the petitioner in Crime No.146/2024 of Hubballi - 8 - HC-KAR NC: 2025:KHC-D:8338 CRL.P No. 102297 of 2025 Sub-Urban Police Station for offence punishable under Section 299 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of Principal Civil Judge and JMFC, Hubballi, is quashed. iv. In view of the disposal of the criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 93