- 1 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 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. 103359 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJ S/O MARUTI UDACHAMMANAVAR, AGE. 34 YEARS, OCC. BUSINESS, R/AT: HALE GABBUR VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580 028. 2. BASAVARAJ S/O RAMAPPA HIRAGANNAVAR, AGE. 30 YEARS, OCC. BUSINESS, R/AT: HALE GABBUR VILLAGE, NEAR DYAMAVVA TEMPLE, TQ. HUBBALLI, DIST. DHARWAD-580 028. 3. SANJU S/O MALLIKARJUN MENASINAKAI, AGE. 29 YEARS, OCC. STUDENT, R/AT: HORAKERI ONI, HALIYAL, TQ. HUBBALLI, DIST. DHARWAD-580 028. 4. MUTTU @ NINGAPPA S/O MARUTI BYADARAKOPPA @ UDACHAMMANAVAR, AGE. 29 YEARS, OCC. SERVICE, R/AT: HALE GABBUR VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580 028. 5. GURUSIDDAPPA S/O MARUTI UDACHAMMANAVAR, AGE. 39 YEARS, OCC. BUSINESS, R/AT: HALE GABBUR VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580 028. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 6. IRAPPA S/O RAMAPPA HIRAGANNAVAR, AGE. 30 YEARS, OCC. BUSINESS, R/AT: HALE GABBUR, TQ. HUBBALLI, DIST. DHARWAD-580 028. … PETITIONERS (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KASABAPETH POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, AT: DHARWAD. 2. SHRI MANJU S/O FAKIRAPPA DIVATAGI, AGE. 34 YEARS, OCC. BUSINESS, R/AT: NEW GABBUR VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 020. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. HIRANAKUMAR J. PATEL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 6/PETITIONERS AS IN KASABAPETH POLICE STATION IN CRIME NO.66/2016 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 324, 307, 504, 506 R/W 34 OF IPC PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI IN S.C. NO.109/2018, IN THE INTEREST OF JUSTICE. 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. Accused nos.1 to 6 are before this Court in this petition filed under Section 482 of Cr.PC read with Section 528 of BNSS, - 3 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 2023, with a prayer to quash the entire proceedings in S.C.No.109/2018 pending before the Court of I Addl. District & Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.66/2016 registered by Kasabapeth Police Station, Dharwad District, for the offences punishable under Sections 323, 324, 307, 504, 506 read with 34 of IPC. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners and the learned Counsel for respondent no.2 jointly submit that the dispute between the parties who are neighbourers, has been settled amicably at the intervention of elders and well-wishers of both the parties. The injured victim who is the first informant in the present case has suffered only simple injury in the incident in question. The pendency of the criminal case has been causing untold hardship to the parties to lead a normal life in the village, and therefore, they intend to give quietus to the dispute. 4. Learned HCGP submits that charge sheet has been filed for non-compoundable offences in the present case. - 4 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 5. The parties who are present before the court are identified by their respective advocates. Submission is made on behalf of the parties that settlement between the parties is voluntary and there is no undue influence or coercion. The application filed under Section 359(6) & (8) of BNSS, 2023, seeking permission to compound the alleged offences is taken on record. The said application is supported by separate affidavit filed on behalf of the first informant who is present in person. 6. In paragraphs 3 to 5 of the application, it is stated as under: “3) The petitioners, respondent no.2 at the intervention of the well-wishers and the elderly members of both the side family members decided to put an end to the dispute between them 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. 4) The respondent no.2 has agreed to close the proceedings as mentioned against the petitioners & also - 5 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 agreed to give up all their claims in respect of said cases as the dispute is in respect of personal in nature the alleged injury is simple in nature. Hence it is just and necessary to permit the petitioners, respondent no.2 to compound the said case instead of subjecting the petitioners to face the trial. 5) In view of the above settlement between petitioners & respondent no.2. The respondent no.2/injured had filed separate affidavit along with this joint memo of compromise.” 7. In the affidavit of respondent no.2 who is the alleged victim in the present case, at paragraphs 3 & 4, it is stated as under: “3) I state that, I had lodged the complaint against petitioners/accused no.1 to 6 before the Kasabapeth Police Station in Crime No.66/2016 for the offence punishable u/sec 323, 324, 307, 504, 506 r/w 34 of Indian Penal Code pending on the file of Hon’ble I Additional District and Sessions Judge, Dharwad, sitting at Hubballi in SC. No.109/2018 the dispute as aroused between the accused no.1 to 6/petitioners, myself have compromised the matter amicably. Hence, in view of the same, the petitioners have filed this petition quashing of entire proceedings. 4) I further state that, I have agreed to close the proceedings as mentioned against the petitioners, I have also agreed to give up all my claims in respect of said cases - 6 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 as arouse in the dispute. Further it is submitted that since the dispute between the petitioners and me has been settled amicably and I have agreed not to prosecute/contest the above-mentioned case against the petitioners/accused nos.1 to 6. Hence, it is just and necessary to permit the petitioners and me to compound the said case instead of subjecting the petitioners to face the trial.” 8. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER VS STATE OF MADHYA PRADESH - AIR 2022 (14) SCC 531 has held that even in cases involving non-ompoundable offences where compromise is voluntary and allegations are private in nature, inherent powers of the High Court can be exercised beyond the metes and bounds of Section 320 of Cr.P.C. 9. In the present case, petitioners and respondent no.2 are all residents of same locality and undisputedly the injured victim who is the first informant has suffered only simple injury in the incident in question. Parties have submitted before this Court that pendency of the criminal case has been causing untold hardship to them to lead a normal life in the village, and - 7 - HC-KAR NC: 2025:KHC-D:10972 CRL.P No. 103359 of 2025 therefore, they intend to give quietus to the dispute. It is not in dispute that petitioners do not have any criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that this is a fit case wherein this Court is required to exercise its inherent powers under Section 482 of Cr.PC. Accordingly, the following order: 11. Petition is allowed. The entire proceedings in S.C.No.109/2018 pending before the Court of I Addl. District & Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.66/2016 registered by Kasabapeth Police Station, Dharwad District, for the offences punishable under Sections 323, 324, 307, 504, 506 read with 34 of IPC, is quashed against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 47