- 1 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103957 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: REHAMAT DHARWAD S/O MEHABOOBSAB DHARWAD, AGE. 33 YEARS, OCC. BUSINESS, R/O. MARUTI NAGAR, 1ST CROSS, HEGGERI, OLD HUBBALLI, HUBBALLI, PIN CODE-580 020. … PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH OLD HUBBALLI POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SAMEER YELIGAR S/O BABAJAN (AS PER FIR), S/O. RAFIQSAB BIJAPUR (AS PER CHARGE SHEET) AGE. 33 YEARS, OCC. BUSINESS, R/O. 1ST CROSS, HEGGERI, OLD HUBBALLI, HUBBALLI, PIN CODE-580 020. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. M.J. GAVADI, ADVOCATE FOR VICTIM AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND TO QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN S.C. NO.5013/2022, PENDING BEFORE THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, THE SAID PROCEEDINGS ARISE OUT OF CRIME NO.192/2021, REGISTERED BY THE OLD HUBLI POLICE STATION, HUBBALLI, FOR OFFENCES PUNISHABLE UNDER SECTIONS 307 AND 504 OF THE INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in S.C. No.5013 of 2022, pending before the Court of V-Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.192 of 2021 registered for offences punishable under Sections 307 and 504 of the IPC, is before this Court under Section 528 of the BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid case as against him. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and the learned counsel for the respondents jointly submit that the dispute between the parties, who are close friends, has been settled at the intervention of the elders and well- wishers of both the parties. The parties are residing in the same village and the pendency of the case has been causing them untold hardship and therefore, they intend to - 3 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 give quietus to the dispute. They submit that the settlement arrived between the parties is voluntary, without there being any undue influence or coercion. 4. The parties who are present before the Court are identified by their respective advocates. 5. Learned counsel for the petitioner and the learned counsel for the respondent No.2 jointly submit that the parties have filed an application before this Court under Section 359 read with Section 528 of the BNSS, 2023 seeking permission of this Court to compound the offences for which the petitioner has been charge sheeted. 6. Learned HCGP has brought to the notice of this Court that charge sheet has been filed in this case for the non-compoundable offences. The application filed by parties under Section 359 read with Section 528 of the BNSS, 2023 is signed by the parties and also by their respective advocates. This application is supported by the affidavit of the parties. - 4 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 7. In paragraph Nos.2 to 4 of the application, it is stated as follows: “2. It is further submitted that respondent No.2 and victim and petitioner are neighbours and they are known to each other and relatives, and childhood friends. Therefore, the parties regarding the alleged crime resolved them self, consequently, the allegations against the petitioner and respondent No.2 and victim have been resolved them self before the elders of the family members. 3. It is submitted that respondent No.2 who is first informant and victim namely Ashif also voluntarily ready to end the disputes against the petitioner. 4. It is submitted that if this application is allowed, no loss or harm will be caused to respondent No.1. If the same is denied, the parties will face untold hardship and injury which cannot be compensated in terms of money.” 8. The Hon'ble Supreme Court in the case of RAM GOPAL AND ANOTHER VS. STATE OF MADHYA PRADESH1 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court 1 AIR 2022 (14) SCC 531 - 5 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 can exercise its powers under Section 482 of Cr.P.C. for quashing criminal cases registered for non-compoundable offences depending upon the nature and gravity of the allegations and also the nature of settlement between the parties. 9. In the present case, the parties are close relatives and are residing in the same village. The injured victim, who is present in person before the Court has stated that pendency of the case has been causing him untold hardship and he is not in a position to lead a normal life. 10. The allegations found in charge sheet against the petitioner are not grave in nature and the settlement arrived between the parties is voluntary, without there being any undue influence or coercion. The parties have settled their inter se dispute and have decided to give a quietus to the pending criminal proceedings and they want to live peacefully in future. - 6 - HC-KAR NC: 2025:KHC-D:13192 CRL.P No. 103957 of 2025 11. Under the circumstances, I am of the opinion that the prayer made in the application filed by the parties needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in S.C. No.5013 of 2022, pending before the Court of V- Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.192 of 2021 registered for offences punishable under Sections 307 and 504 of the IPC stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 82