- 1 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102120 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101301 OF 2022 (482(CR.PC)/528(BNSS)) IN CRL. P. NO.102120 OF 2025: BETWEEN: 1. SHAMBHULINGAPPA S/O. BASALINGAPPA MAMALEPATTASHETTAR, AGE. 49 YEARS, OCC. BUSINESSMAN, R/O. BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-591 220. 2. SHIVANAND S/O. IRAPPA SUBHAKKANAVAR, AGE. 42 YEARS, OCC. PRIVATE SERVICE, R/O. YELIWAL, NOW AT: HANGAL, TQ. SHIGGAON, DIST. HAVERI-591 220. … PETITIONERS (BY SRI. V.P. VADAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PSI BANKAPUR, TQ. SHIGGAON DIST. HAVERI, REPRESENTED BY ADDL. SPP, HIGH COURT PREMISES, DHARWAD-580 011. 2. JAYADEV S/O MALLIKARJUNAPPA MAMALEPATTANSHETTAR, AGE. 43 YEARS, OCC. BUSINESSMAN, R/O. BANKAPUR SIMPI GALLI, TQ. SHIGGAON, DIST. HAVERI. … RESPONDENTS (BY SRI. GIRISH YADAWAD, ADVOCATE FOR R2; SMT. GIRIJA S. HIREMATH, HCGP FOR R1) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE FIR REGISTERED ON 28.03.2022 AS AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 BY THE BANKAPUR PS, HAVERI AND THE ENTIRE PROCEEDINGS IN C.C. NO.343/2023 PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC COURT, SHIGGAON DIST: HAVERI IN CRIME NO.37/2022 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 355, 504, 506 R/W SECTION 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.101301 OF 2022: BETWEEN: 1. JAYADEV S/O MALLIKARJUN MAMALEPATTANSHETTAR, AGED 42 YEARS, OCC. BUSINESS, R/O. AT: SHIMPIGALLI, BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581 202. 2. SHIVAYOGI S/O MALLIKARJUN MAMALEPATTANSHETTAR, AGED 45 YEARS, OCC. BUSINESS, R/O. AT: BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581 205. 3. NIRANJAN S/O MALLIKARJUN MAMALEPATTANSHETTAR, AGED 43 YEARS, OCC. BUSINESS, R/O. AT: BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581 205. 4. RAVI S/O SUBHAS NAGANUR, AGED 38 YEARS, OCC. BUSINESS, R/O. AT: HAVERI, TQ. HAVERI DIST. HAVERI-581 110. 5. IRANNA S/O GURUSIDDAPPA CHENNASHETTAR, AGED 38 YEARS, OCC. BUSINESS, R/O. AT: HAVERI, TQ. HAVERI DIST. HAVERI-581 110. - 3 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 6. SHIVABASAPPA S/O BASAPPA ARALESHWAR, AGED 45 YEARS, OCC. BUSINESS, R/O. AT. BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581 205. … PETITIONERS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH PSI, BANKAPUR POLICE STATION, DIST. HAVERI-581 205. 2. SHAMBULINGAPPA S/O BASALINGAPPA MAMALEPATTANSHETTAR, AGED 46 YEARS, OCC. BUSINESS, R/O. AT: BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581 205. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. V.P. VADAVI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT DATED 31.03.2022 LODGED BY RESPONDENT NO.2 AND THE CONSEQUENT FIR IN CRIME NO.0038/2022 REGISTERED BY THE BANKAPUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 355, 427, 504, 506 AND 149 OF THE IPC, 1860, INSOFAR AS THE PETITIONERS ARE CONCERNED, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT SHIGGAON, HAVERI DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. These two criminal petitions filed under Section 482 of the Cr.P.C. arise out of case and counter case between the same parties and therefore, with the consent of the learned counsels appearing on both sides, they are heard together and disposed of by this common order. 2. Heard the learned counsel for the parties. 3. In respect of the alleged incident that had taken place on 27.03.2022 at about 13.30 hours, FIR in Crime No.37 of 2022 was registered based on the first information dated 28.03.2022 received from Jayadev Mallikarjunappa Mamalepattanshettar. After completing investigation in the said case, charge sheet has been filed against two persons for the aforesaid offences. Challenging the same, accused in Crime No.37 of 2022 are before this Court in Criminal Petition No.102120 of 2025. In respect of the very same incident that had taken place on 27.03.2022, a counter case - 5 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 in Crime No.38 of 2022 was registered by Bankapura Police Station based on the first information dated 31.03.2022 submitted by Shambulingappa, who is accused no.1 in Crime No.37 of 2022. Challenging the FIR registered in Crime No.38 of 2022, accused in the said case are before this Court in Criminal Petition No.101301 of 2022. 4. Learned counsels appearing for the private parties in these two petitions submit that dispute between the parties has been amicably settled at the intervention of well wishers of both the parties. The alleged offences in the case and counter case are all compoundable in nature. In view of the settlement arrived between the parties in both the petitions, two separate joint memos have been filed reporting settlement. They submit that settlement between the parties is voluntary without there being any undue influence and coercion. They submit that in both the cases, the complainants are before the Court. Parties who are present before the court are identified by their advocates. The joint memo filed in both the petitions are taken on - 6 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 record. In paragraph No.1 of the joint memo filed in Criminal Petition No.102120 of 2025, it is stated as follows: “1. It is submitted that the petitioners are the accused No. 1 and 2 and respondent No. 2 is the complainant in the Crime No.0037/2022 (Bankapur PS) in CC No.343/2023 pending on the file of Civil Judge and JMFC, Shiggaon. It is further submitted that the parties to the top noted criminal petition have amicably settled the dispute between them and do not wish to continue the proceedings. Accordingly, the respondent No.2/Complainant is has no objection to quash the impugned criminal proceedings registered against the petitioners.” 5. In Paragraph No.1 of the joint memo filed in Criminal Petition No.101301 of 2022, it is stated as follows: “1. It is submitted that the petitioners are the accused Nos. 1 to 5 and respondent No. 2 is the complainant in the Crime No.0038/2022 (Bankapur PS) pending on the file of Civil Judge and JMFC, Shiggaon. It is further submitted that the parties to the top noted criminal petition have amicably settled the dispute between them and do not wish to continue the proceedings. Accordingly, the respondent No.2/Complainant is has no objection to quash the impugned criminal proceedings registered against the petitioners.” 6. The joint memo filed is signed by the learned advocates appearing on both sides and also by the - 7 - HC-KAR NC: 2025:KHC-D:10974 CRL.P No. 102120 of 2025 C/W CRL.P No. 101301 of 2022 complainant in both the cases. Considering the fact that the settlement of the parties is voluntarily without any undue influence and coercion and since the case and counter case is registered in respect of the incident that had taken place on 27.03.2022 for compoundabe offences, I am of the opinion that for the purpose of securing the ends of justice, the prayer made in these two petitions needs to be granted. Accordingly, the following: ORDER Criminal petitions are allowed. In Criminal Petition No.102120 of 2025, the entire proceedings in CC No.343/2023 pending before the Court of Civil Judge and JMFC, Shiggaon, arising out of Crime No.37/2023 registered by Bankapura Police Station is quashed. In Criminal Petition No.101301 of 2022 the entire proceedings in Crime No.38/2023 registered by Bankapura Police Station, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK, LIST NO.: 1 SL NO.: 81