- 1 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103737 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI SHIVAKANT @ SHIVU S/O KANAKAPPA DYAVANNAVAR, AGE 31 YEARS, OCC: PRIVATE WORK, R/O: TEGGIN ONI, ILKAL, TQ: HUNAGUND, DIST: BAGALKOTE-587125 … PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ILKAL (T) P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SHRI MOHAN S/O.SANGANGOUDA PATIL, AGE 45 YEARS, OCC: ADVOCATE, R/O: NEAR APMC, VIJAYANAGAR, TQ: HUNAGUND, DIST: BAGALKOTE-587118. … RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN ILKAL (T) CRIME NO.63/2018 WHICH IS PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, HUNAGUND WHICH IS REGISTERED FOR THE OFFENCE PUNISHABLE U/S 307, 324,109, 120(B), 144, 448 R/W 34 OF IPC IN SO FAR AS THE PETITIONER/ACCUSED NO.4 IS CONCERNED. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.4 is before this Court with a prayer to quash the entire proceedings in Crime No.63 of 2018 registered by Ilakal Police Station, Bagalkot for the offences punishable under Sections 109, 307, 448, 144, 120-B, 324 read with Section 34 of the IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner’s name is not found in the FIR. The proceedings against accused No.1 named in the FIR, was quashed by this Court in Criminal Petition No.100196 of 2019, disposed of on 31st October 20222. Thereafter, the impugned proceeding as against accused Nos.5 to 8 has been quashed by the Coordinate Bench of this Court in Criminal Petition No.103654 of 2023, disposed of on 19th June 2024. The - 3 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 names of accused Nos.5 to 8 was also not found in the FIR. The petitioner is similarly situated. Accordingly, he prays to allow the petition. 4. Per contra, learned, HCGP has not disputed the submission made by the learned counsel for the petitioner. 5. Respondent No.2 who is present in-person before the Court, however states that the earlier orders passed by this Court was without proper notice to him and he was not heard in the matter. 6. FIR in the present case has been registered against accused No.1 - Soundarya Amarappa Hallad and others. Accused Nos.1 to 3 are named in the FIR. The petitioner's name is not found in the FIR. 7. In paragraph Nos.4 to 7 of the order passed in Criminal Petition No.100196 of 2019, it is observed as follows: - 4 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 “4. I have examined the submissions of the learned counsel appearing for the parties. 5. One of the allegation against accused No.1 is that he had appeared on behalf of accused No.2 and without informing the 2nd respondent, who had appeared initially on behalf of accused No.3, have compromised the suit and also withdrawn the writ petition. Tnis in my view does not constitute the commission of offence alleged against the Petitioner. 6. The other allegation against accused No.1 is that he along with other accused threatened the 2nd respondent with dire consequence. This allegation is so made so as to circumvent the FIR lodged by the petitioner accused No.1 against the 2nd respondent for the offence punishable under Section 354(D) (1) and Section 354(D)(2) of IPC. Except omnibus and general allegation, no material is placed to substantiate the allegation that the Accused No.1 either assaulted or threatened the 2nd respondent with direct consequences so as to constitute the commission of offences alleged against the Petitioner. Hence, the FIR lodged by the 2nd respondent was with an ulterior motive to wreak vengeance against the petitioner and with revengeful interit. The dispute between the parties arises out of settlement of dispute between Accused No.1 & 2 - 5 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 without the alleged consent of the 2nd respondent, however, giver a criminal texture. 7. For the aforesaid discussion, the continuation of investigation against the petitioner accused No.1 will be an abuse of process of law, since probability of the police filing charge sheet after the investigation is remote and bleak.” 8. The proceeding as against accused Nos.5 to 8 was subsequently quashed in Criminal Petition No.103654 of 2023. The said petition was allowed on the ground of parity in view of the order passed in Criminal Petition No.100196 of 2019. Even the petitioner’s name is not found in the FIR and therefore, having regard to the earlier two orders passed by the Coordinate Bench of this Court in Criminal Petition Nos.100196 of 2019 and 103654 of 2023, the impugned proceeding as against the petitioner is liable to be quashed. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:11968 CRL.P No. 103737 of 2023 (ii) The entire proceedings in Crime No.63 of 2018 registered by Ilakal Police Station, Bagalkot for the offences punishable under Sections 109, 307, 448, 144, 120-B, 324 read with Section 34 of the IPC stands quashed as against the petitioner is concerned. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 85