Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 5438 (KAR)

MALLIKARJUN S/O HOLABASAPPA NADAGOUDAR v. THE STATE OF KARNATAKA

CRL.P/101691/2025 · 2025-04-25

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6865 CRL.P No. 101691 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101691 OF 2025 BETWEEN: MALLIKARJUN S/O. HOLABASAPPA NADAGOUDAR, AGE: 55 YEARS, OCC: PRIVATE JOB, R/AT: SIGIKERI, TQ: BAGALKOT, KARNATAKA – 587 103. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BAGALKOT RURAL POLICE STATION, BAGALKOT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. 2. SHRI. BHEEMAPPA S/O. LENKEPPA MADAR, AGE: 54 YEARS, OCC: LABOURER, R/AT: SIGIKERI, TQ: BAGALKOT, KARNATAKA – 587 103. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. ZANZA S. JOSHI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/ PETITIONER AS IN BAGALKOT RURAL POLICE STATION CRIME NO.0064/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 281, 125(a), 106(1) OF BNS, 2023 PENDING ON THE FILES OF ADDL. CIVIL JUDGE (JR. DIV) AND JMFC, AT BAGALKOT IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6865 CRL.P No. 101691 of 2025 ORAL ORDER Petition is filed by the accused under Section 528 of BNSS, 2023 praying to quash the entire proceedings in Bagalkot Rural Police Station in Crime No.64/2025 registered for offences punishable under Sections 281, 125(a), 106(1) of BNS, 2023. 2. In the complaint of respondent No.2, a case came to be registered against the petitioner in Crime No.64/2025 of Bagalkot Rural Police Station for the aforesaid offences. The petitioner has sought quashing of the proceedings in the said crime. 3. The joint memo is filed under Section 359(6) and (8) of BNSS, 2023 and it is signed by petitioner, respondent No.2 and victim Smt.Parwati W/o. Duragappa Madar [wife of the deceased] and their respective counsels. 4. Sri.Zanza Joshi, the learned counsel has filed vakalath for respondent No.2, has filed an affidavit of - 3 - NC: 2025:KHC-D:6865 CRL.P No. 101691 of 2025 respondent No.2. The respondent No.2 and Smt.Parwati W/o. Duragappa Madar are present before the Court and submits that they have entered into compromise with the petitioner. Smt.Parwati W/o. Duragappa Madar submits that the petitioner has paid Rs.4,00,000/- as compensation. The husband of said Smt.Parwati namely Duragappa Madar died in the accident. 5. The terms of the settlement stated in the joint memo, which is at para No.2 reads thus; “2. It is submitted that, the petitioner has paid a sum of Rs.4,00,000/- as the compensation to the wife of the deceased i.e Smt. Parwati W/o. Durgappa Madar who is the wife of the deceased person before elders of their society. L.R’s of Deceased will not claim any future claim. Since the compensation is paid as full and final settlement to the family member of the deceased, the respondent No.2 is come forward to settle the above case amicably before this Hon’ble Court, in the interest of justice. Hence, this petition.” 6. Respondent No.2 and Smt.Parwati W/o. Duragappa Madar submits that they have no objections for quashing the proceedings against the petitioner. - 4 - NC: 2025:KHC-D:6865 CRL.P No. 101691 of 2025 7. In view of the said settlement, the proceedings against the petitioner in Crime No.64/2025 of Bagalkot Rural Police Station in Crime No.64/2025 registered for offences punishable under Sections 281, 125(a), 106(1) of BNS, 2023 are quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/ CT-ASC List No.: 1 Sl No.: 22