- 1 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102997 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MR. VASANT HANUMANTAPPA DODDAMANI @ VASANTA, AGE. 28 YEARS, OCC. LABOURER, R/O. BHANAPUR VILLAGE, TQ. KUKANOOR, DIST. KOPPAL-583 231. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KUKNOOR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH CURT BUILDING, DHARWAD-580 001. 2. MIS. X X X R/O. TALAKAL VILLAGE-532 321, NOW AT: R/O. ISHWARANAGARA, GIRIYALA ROAD, HUBBALLI, TQ. HUBBALLI-580 008, DIST. DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. DHANANJAY MADAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH ENTIRE PROCEEDING IN SC NO.15/2021 (CRIME NO.108/2019 KUKNOOR PS) PENDING ON THE FILE BEFORE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 417 OF IPC. AS AGAINST THE PETITIONER/ACCUSED AND ALLOW THE CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The sole accused is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in S.C. No.15/2021 pending before the Court of Principal District and Sessions Judge, Koppal arising out of Crime No.108/2019 registered by Kuknoor Police Station for offences punishable under Sections 376 and 417 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the respondent No.2 – de facto complainant jointly submit that their dispute is settled amicably at the intervention of the well wishers and elders of both the parties. The parties who were in a relationship for the period from 2013 to 2019 have now decided to put an end to the dispute between them to live peacefully. They submit that the pendency of the criminal case has been causing serious hardship and embarrassment both to the petitioner as well as the victim lady. Under the circumstances, they intend to give a quietus to the dispute and live peacefully in future. They submit that the - 3 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 parties have today filed an application under Section 320 read with Section 482 of Cr.P.C. It is their prayer to permit them to compound the alleged offences and consequently, allow the petition. 4. Submission is placed on record. 5. Application filed by the private parties, which is supported by the affidavit of the petitioner and respondent No.2 is taken on record. The application is signed by the parties and the respective advocates. The parties who are present in person before the Court, are identified by their respective advocates. In the affidavit of the first informant filed in support of the application, in para Nos.3 to 7, it is stated as follows: “3. I submit that at the intervention of elders and well wishers the dispute has been resolved. Myself and complainant have agreed to leave separately. 4. The complainant/respondent No.2 has no objection to quash the above proceedings as against the petitioner. 5. I submit that we have agreed to live separately by withdrawing the allegations made - 4 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 against each other and we will not interfere in personal life in future. 7. I submit that we have entered in to the above compromise without any coercion and undue influence.” 6. Learned HCGP, however, has brought to the notice of this Court that criminal case has been registered against the accused for non-compoundable offences. 7. The Hon'ble Supreme Court, in the case of Ramgopal and another vs. State of Madhya Pradesh1 has observed that, notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in excise of its power under Section 482 of Cr.P.C. can quash criminal proceeding registered for non-compoundable offences depending upon the nature of allegations, relations between the parties and also the nature of settlement. 8. In the case of Gian Singh vs. State of Punjab2, the Hon'ble Supreme Court has held that power under Section 1 AIR 2022 (14) SCC 531 2 (2012) 10 SCC 303 - 5 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 482 of Cr.P.C. is to be exercised to secure the ends of justice and prevent abuse of process and this power can be exercised in appropriate cases where the parties have settled their disputes and for that purpose any definite category of offence cannot be described. 9. In the case of Parbatbhai Aahir vs. State of Gujarat3, the Hon'ble Supreme Court has observed that, the powers under Section 482 of Cr.P.C. are not restricted by the provisions outlined under Section 320 of Cr.P.C. In the case on hand, material on record would go to show that parties were in a consensual relationship for the period from 2013 to 2019 and after a dispute arose between the parties, for the reason that the petitioner had refused to marry the first informant, she had approached the Police and based on the first information, the FIR was filed against petitioner in the present case. 10. The dispute between the parties has been resolved at the intervention of the well wishers and elders. The allegations against the petitioner are private in nature and the 3 (2017) 9 SCC 641 - 6 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 parties intend to give a quietus to the entire dispute and both parties intend to live peacefully in future. 11. The parties, who were in a consensual relationship for a considerable period of time, have now decided to give a quietus to the dispute between them and live peacefully in future. They have said that they intend to separate and the pendency of the case has been causing hardship to them. Considering the nature of allegations found against the petitioner, the nature of settlement and also the relationship which the parties share prior to registration of the case, I am of the opinion that this is a fit case where this Court needs to interfere in exercise of its powers under Section 482 of Cr.P.C. to do complete justice to the parties. Accordingly, the following: ORDER Criminal petition is allowed. The entire proceedings in S.C. No.15/2021 pending before the Court of Principal District and Sessions Judge, Koppal arising out of Crime No.108/2019 registered by Kuknoor - 7 - HC-KAR NC: 2025:KHC-D:10295 CRL.P No. 102997 of 2025 Police Station for offences punishable under Sections 376 and 417 of IPC against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 41