- 1 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 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.102551 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. ULHAS S/O. RAJANIKANTH DODDAMANI, AGE: 35 YEARS, OCC: BUSINESS, R/O. HOUSE NO.148, LAXMI LAYOUT, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580024. 2. GURUNATH S/O. BASAVANNEPPA KYATANNAVAR, AGE: 57 YEARS, OCC: PRIVATE WORK, R/O. GANESH PETH, SHETTER ONI, HUBBALLI-580020. 3. MOHAMMAD SHARIF S/O. BASHASAB MAALDAR, AGE: 37 YEARS, OCC: PLUMBER MESTRI, R/O. MAKANDAR GALLI, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 BHADWAD BASE, HUBBALLI-580020. …PETITIONERS (BY SMT. ANUSHA V. SANGAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, VIDYANAGAR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, PIN-580001. 2. SMT. FATIMA BEGUM W/O. MAINUDDIN MUDAGAL, AGE: 40 YEARS, OCC: HOUSE WIFE, R/O. GANGANAGAR, 14TH WARD BEHIND, BANDENAWAZ GODOWN, SINDANUR, RAICHUR-584128. …RESPONDENTS (BY SHRI JAIRAM SIDDI, 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), SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2 TO 4/ PETITIONERS ARISING OUT OF VIDYANAGAR POLICE STATION CRIME NO.98/2025 PENDING ON THE FILES OF IST ADDITONAL CIVIL JUDGE AND JMFC (JR.DV) AT HUBBALLI, FOR THE OFFENCE PUNISHABLE U/S.106(1) OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt. Anusha Sangami., learned counsel for the petitioners, Shri Jairam Siddi., learned High Court Government Pleader for respondent No.1 – State and Sri. Ganesh S.Jithuri., learned counsel for respondent No.2. The petitioner and the de facto complainant are present. 2. The petitioners/accused Nos.2 to 4 have 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.98/2025 of Vidyanagar Police Station, Hubballi- Dharwad City for offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of 1st Additional Civil Judge and JMFC (Jr.Dn), Hubballi. Now, the petitioners and the de facto complainant have resolved their disputes with the intervention of elders and well-wishers from both families. - 4 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 3. In view of settlement, the petitioners 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 petitioners submits before this Hon'ble Court as follows; 1. That, in view of the intervention of elders the petitioners 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 persons/ petitioners as arising out of Vidyanagar Police Station Crime No: 98/2025 pending on the files of Hon'ble 1 Additional Civil Judge & JMFC (Jr.Dvj, At Hubballi for the offence punishable Under Section 106(1) of Bhartiya Nyaya Sanhita 2023 the dispute as aroused between the petitioners / Accused & respondent no: 2 has been settled amicably and willing to withdraw the case. Hence in view of the same the petitioners have filed this petition quashing of entire proceeding which is pending for consideration. 3. That, present dispute the between the parties has been amicably settled and petitioners has already given a sum of Rs. 5,00,000/- to the complainant/respondent No.2 family towards full and final settlement compensation amount and complainant has received the same, in view of the settlement the entire proceedings which is pending for the consideration before the Hon'ble 1 Additional Civil Judge and JMFC Hubballi under Crime No. 98/2025 of Vidyanagar Police station may kindly be quashed to meet the ends of justice. - 5 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 4. The petitioners 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 against the petitioners herein the above mentioned petition is filed. 5. The respondent no: 2 has agreed to close the proceedings as against the petitioners, the petitioners 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 petitioners / accused. Hence it is just and necessary to permit the petitioners and the respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial. 6. In view of this respondent no: 2 is filing the affidavit on her behalf in view of the joint memo of compromise. THEREFORE, the petitioners & 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.” - 6 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 4. In support of the joint memo, respondent No.2- the de facto complainant filed her affidavit. The contents of affidavit reads as under; AFFIDAVIT OF DE FACTO COMPLAINANT “(IN VIEW OF JOINT MEMO OF COMPROMISE) I Smt. Fatima begum W/o Mainuddin Mudagal, AGE: 40 YEARS, OCC: House Wife, R/o: Ganganagar, 14th Ward Behind, Bandenawaz Godown.Sindanur, Raichur. Today at Dharwad, I do hereby state on oath as under; 1. I state that I am the complainant / respondent no: 2 in the above said 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 family we have arrived to the settlement that, I have received a sum of Rs.5,00,000/- from the petitioner No.1 and petitioner No.3 towards the full and final compensation amount, hence forth I will not claim any compensation from the petitioners. Petitioners and myself had mutually agreed to settle the dispute and now myself agrees not to prosecute the above-mentioned case against the petitioners/accused persons as the dispute between petitioners & myself is already resolved. 3. I had lodged the complaint against the Accused persons Now the dispute as aroused between me & petitioners is settled and has been compromised the matter amicably. Hence in view of the same the petitioners have filed this petition. 4. I further state that, myself and the petitioners at the intervention of the well-wishers - 7 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 and the elderly members of both the side family members decided to put an end to the dispute between myself 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. 5. Hence I have no objection to allow the petition as prayed. THEREFORE, I humbly pray before this Hon'ble Court may kindly be pleased to allow the petition as prayed by the petitioners/accused persons in the joint memo, in the ends of justice.” 5. Learned counsels for the petitioners, respondent No.2 and learned HCGP for respondent No.1- State submit 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 de facto complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioners, since, he has compromised the - 8 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 dispute with the petitioners-accused Nos.2 to 4, it will be a futile exercise, if the petitioners-accused Nos.2 to 4 are subjected to trial, since the probability of their 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 joint memo and affidavit, the petitioners and respondent No.2 with the intervention of elders and well-wishers from both families amicably resolved their differences. Hence, the petitioners have paid in all a sum of Rs.5,00,000/- as compensation for the death of son of de facto complainant and the de facto complainant acknowledge the receipts of a sum of Rs.3,00,000/- by way of Demand Draft and cash of Rs.2,00,000/-. The de facto complainant is withdrawing the case registered against petitioners voluntarily with her free will, consent and without any coercion or pressure. - 9 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 9. 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 allow the joint memo and parties are permitted to compound the offence punishable under Section 106(1) 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.98/2025 of Vidyanagar Police Station for the offence punishable under Section 106 (1) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of 1st Additional Civil Judge and JMFC (Jr.Dn), Hubballi, is 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 1 (2014) 6 SCC 466 - 10 - HC-KAR NC: 2025:KHC-D:8334 CRL.P No. 102551 of 2025 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 petitioners in Crime No.98/2025 of Vidyanagar Police Station, Hubballi-Dharwad City, for the offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of 1st Additional Civil Judge and JMFC (Jr.Dn), Hubballi, is quashed, insofar as the petitioner-accused Nos.2 to 4 are concerned. 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.: 24