- 1 - HC-KAR NC: 2025:KHC-D:14411 CRL.P No. 103771 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103771 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MADIVALAPPA S/O ADIVEPPA HARIJAN, AGE. 50 YEARS, OCC. LABOURER, R/O. HARIJAN ONI, OLD TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580011. 2. SOMANING S/O. RAMAPPA NAVALUR, AGE. 40 YEARS, OCC. FARMER, R/O. MYAGIN ONI, OLD TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580011. 3. UMESH S/O. SOMAPPA KEMPUR, AGE. 60 YEARS, OCC. ADVOCATE, R/O. CHAPPARABAND COLONY, DHARWAD, DIST. DHARWAD-580001. …PETITIONERS (BY SRI. RAGHAVENDRA A.PUROHIT, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14411 CRL.P No. 103771 of 2025 AND: 1. YELLAPPA S/O. SHIVALINGAPPA KUSALAPUR, AGE. 67 YEARS, OCC. AGRI., R/O. HALE TEGUR VILLAGE, TQ. AND DIST. DHARWAD-580011. 2. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-011, THROUGH DHARWAD TOWN PS. …RESPONDENTS (BY SRI. VADIRAJA PADAKANDLA, ADVOCATE FOR R2; SRI. JAIRAM SIDDI, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE PROCEEDINGS IN C.C. NO.192/2019, PENDING ON THE FILE OF 2ND ACJ AND JMFC-II DHARWAD, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 120(B), 471, 468, 420, 34 OF I.P.C AT ANNEXURE-D IN CRIME NO.193/2013 IN DHARWAD TOWN P.S., IN SO FAR AS ACCUSED NO.6 TO 8/PETITIONERS HEREIN AS NULL AND VOID AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14411 CRL.P No. 103771 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsels for both the parties have filed a joint application for compounding the offence under Section 359 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. The averments of the said application at paragraphs Nos.2 to 4 read as under; “1. The petitioners are being accused no. 6 to 8 and they are before this Hon'ble court questioning the proceedings in C.C. No. 192/2019 pending on the file of 2nd ACJ and JMFC-II Dharwad, for the alleged offences punishable under section 120B, 468, 471, 420, 34 of I.P.C, at Annexure-D 2. It is submitted that, the matter was listed before the predecessor of this Hon'ble court on 25/09/2025 and please to granted interim order of stay in all further proceedings in C.C. No. 192/2019 and ordered to issue notice to the respondent no. 1. 3. It is submitted that, carlier, accused no.1 to 5 who was the main accused in C.C. No. 192/2019, filed the petition in Crl.P. No. 103293/2023 by questioning the proceedings in C.C.No.192/2019. In the said petition the respondent no.1 and accused no.1 to 5 filed the joint memo stating that, the respondent no.1 had instituted a suit before the Prl. Senior Civil Judge and CJM, Dharwad in O.s. No. 200/2013 seeking for a declaration that they were the owner in possession of the said property and in the said suit the parties have - 4 - HC-KAR NC: 2025:KHC-D:14411 CRL.P No. 103771 of 2025 entered into a compromise and compromise has also been accepted by the trial court and the decree has been ordered in terms of the compromise and further submitted that, since the proceedings have been settled in respect of the property, which was the reason for the filing of the criminal petition, the proceedings may be quashed. 4. Accordingly the Hon'ble court accepted the joint memo and allowed the petition by quashing the proceedings against the accused no.1 to 5. The copy of the order dtd 15/02/2024 is here with produced as DOUCMENT NO.1. 5. Now the subject matter of the dispute between accused no.1 to 5 and respondent no.1 herein is ended in terms of the earlier compromise. Hence the respondent no.1/ complainant does not intended to proceed with the criminal case before the trial court. In view of settlement reached, the respondent no.1 no longer harbors any grievance against the petitioners herein and has no objection to proceedings being compounded or permanently closed. 6. That, the continuation of the criminal proceedings, would be a futile exercise, result in a sheer waste of precious judicial time and amount to an abuse of the process of law. 7. That, petitioners and respondent no.1 herein affirm that this joint petition is being filed voluntarily, without any coercion, duress, threat or undue influence from any quarter.” 2. Having considered the averments made in the said application. It is appropriate to allow the said - 5 - HC-KAR NC: 2025:KHC-D:14411 CRL.P No. 103771 of 2025 application. In view of allowing the said application, the Criminal Petition stands disposed off. 3. Hence, I proceed to pass the following; ORDER i) I.A No.3/2025 is allowed. ii) The proceedings in CC No.192/2019 pending on the file OF II ACJ and JMFC-II Dharwad, for the offences punishable under Section 120-B, 468, 471, 420 and 34 of IPC is quashed. iii) The bail bonds executed against the petitioner stands cancelled. In view of disposal of this petition, pending I.As if any, are disposed off as does not survive for consideration. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 24