- 1 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103877 OF 2024 C/W. CRIMINAL PETITION NO. 101424 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO. 103877 OF 2024: BETWEEN: 1. NARAYANA S/O. SOMALEPPA TOTAD, AGE ABOUT 34 YEARS, OCC: AGRICULTURE, 2. SHANKAR S/O. SOMALEPPA TOTAD, AGE ABOUT 42 YEARS, OCC: AGRICULTURE, 3. SOMALAPPA S/O. REKHAPPA TOAD, AGE ABOUT 72 YEARS, OCC: AGRICULTURE, 4. SMT. SOMAVVA W/O. SOMALEPPA TOTAD, AGE ABOUT 68 YEARS, OCC: AGRICULTURE, 5. SMT. NEELAVVA W/O. SHANKAR TOTAD, AGE ABOUT 40 YEARS, OCC: AGRICULTURE, 6. JANU S/O. SHANKAR TOTAD, AGE ABOUT 20 YEARS, OCC: AGRICULTURE, 7. SMT. LALITA W/O. NARAYANA TOTAD, AGE ABOUT 30 YEARS, OCC: AGRICULTURE, 8. ISHWARAPPA S/O. REKHAPPA TOTAD, AGE ABOUT 82 YEARS, OCC: AGRICULTURE, 9. THAKOORSINGH S/O. ISHWARAPPA TOTAD, AGE ABOUT 50 YEARS, OCC: AGRICULTURE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 10. VASANT S/O. THAKOORSINGH TOTAD, AGE ABOUT 26 YEARS, OCC: AGRICULTURE, 11. TUKARAM S/O. ISHWARAPPA TOTAD, AGE ABOUT 45 YEARS, OCC: AGRICULTURE, 12. ANAND S/O. TUKARAM TOTAD, AGE ABOUT 22 YEARS, OCC: AGRICULTURE, 13. SMT. LAXMI W/O. TUKARAM TOTAD, AGE ABOUT 42 YEARS, OCC: AGRICULTURE, 14. SMT. SHARADA W/O. THAKORSINGH TOTAD, AGE ABOUT 45 YEARS, OCC: AGRICULTURE, 15. TULAJAPPA S/O. ISHWARAPPA TOTAD, AGE ABOUT 38 YEARS, OCC: AGRICULTURE, 16. BHIMASING S/O. LAXMAN TOTAD, AGE ABOUT 35 YEARS, OCC: AGRICULTURE, 17. PANDURANG S/O. NARAYAN TOTAD, AGE ABOUT 36 YEARS, OCC: AGRICULTURE, 18. SMT. LAXMI W/O. PANDURANG TOTAD, AGE ABOUT 30 YEARS, OCC: AGRICULTURE, 19. HANAMANTHA S/O. NARAYAN TOTAD, AGE ABOUT 30 YEARS, OCC: AGRICULTURE, 20. SMT. HEMAVVA W/O. NARAYAN TOTAD, AGE ABOUT 68 YEARS, OCC: AGRICULTURE, 21. SMT. KASHAVVA W/O. LAXMAN TOTAD, AGE ABOUT 60 YEARS, OCC: AGRICULTURE, 22. SMT. ROOPAVVA W/O. HANAMANTHA TOTAD, AGE ABOUT 28 YEARS, OCC: AGRICULTURE, 23. SMT. YALLAVVA W/O. TULAJAPPA TOTAD, AGE ABOUT 35 YEARS, OCC: AGRICULTURE, THE PETITIONERS NO.1 TO 23 ARE R/O: BELADHADI, TQ: AND DIST: GADAG. - 3 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 24. KESHAPPA S/O. LAXMAN RATHOD, AGE ABOUT 38 YEARS, OCC: AGRICULTURE, R/O: NABHAPUR THANDA, TQ: AND DIST: GADAG. … PETITIONERS (BY SRI. AMAREGOUDA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (GADAG RURAL POLICE STATION), R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. RAMESH S/O. MANAPPA TOTAD, AGE ABOUT 31 YEARS, OCC: AGRICULTURE, R/O: BELADHADI, TQ: AND DIST: GADAG. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. K.L. PAWAR, 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 COMPLAINT, FIR AND CHARGE SHEET IN GADAG RURAL POLICE STATION CRIME NO.105/2024, PENDING IN C.C. NO.708/2024 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC AT GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 341, 354, 504, 506 R/W 149 OF IPC, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 24, TO MEET THE ENDS OF JUSTICE. IN CRL.P. NO.101424 OF 2025: BETWEEN: 1. RAMESH S/O MANAPPA TOTAD, AGE ABOUT 31 YEARS, OCC: AGRICULTURE, 2. VALAPAPPA S/O MANAPPA TOTAD, - 4 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 AGE ABOUT 29 YEARS, OCC: AGRICULTURE, 3. SHEKAR S/O MANAPPA TOTAD, AGE ABOUT 34 YEARS, OCC: AGRICULTURE, 4. UMESH S/O MANAPPA TOTAD, AGE ABOUT 42 YEARS, OCC: AGRICULTURE, 5. MANAPPA S/O PANDAPPA TOTAD, AGE ABOUT 77 YEARS, OCC: AGRICULTURE, 6. NEMAPPA S/O SHIVAPPA TOTAD, AGE ABOUT 52 YEARS, OCC: AGRICULTURE, 7. SOMALEPPA S/O LALAPPA TOTAD, AGE ABOUT 52 YEARS, OCC: AGRICULTURE, 8. DAKHAPPA S/O LALAPPA TOTAD, AGE ABOUT 65 YEARS, OCC: AGRICULTURE, 9. KALAPPA S/O MANAPPA TOTAD, AGE ABOUT 30 YEARS, OCC: AGRICULTURE, 10. ISHWAR S/O CHATRAPPA PUJAR, AGE ABOUT 33 YEARS, OCC: AGRICULTURE, 11. CHATRAPPA S/O BHEEMAPPA PUJAR, AGE ABOUT 76 YEARS, OCC: AGRICULTURE, 12. DEVENDRA S/O SHIVAPPA TOTAD, AGE ABOUT 47 YEARS, OCC: AGRICULTURE, 13. CHANDRASHEKAR S/O DANJAPPA PUJAR, AGE ABOUT 35 YEARS, OCC: AGRICULTURE, 14. TEJAPPA @ SACHIN S/O SOMALAPPA TOTAD, AGE ABOUT 25 YEARS, OCC: AGRICULTURE, 15. SMT. SAROJA W/O HEMALAPPA PUJAR, AGE ABOUT 50 YEARS, OCC: AGRICULTURE, 16. TAVARAPPA S/O SHIVAPPA TOTAD, AGE ABOUT 58 YEARS, OCC: AGRICULTURE, 17. KRISHNAPPA S/O SHIVAPPA TOTAD, - 5 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 AGE ABOUT 61 YEARS, OCC: AGRICULTURE, ALL ARE PETITIONERS NO.1 TO 17, R/O: BELADHADI TANDA, TAL: AND DIST: GADAG-582 103. … PETITIONERS (BY SRI. K .L. PAWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. NARAYAN SOMAPPA TOTAD, AGE: 34 YEARS, OCC: AGRICULTURE, BELADHADI TANDA, TAL: AND DIST: GADAG-582 103. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. M. AMAREGOUDA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET AND PROCEEDINGS IN GADAG RURAL POLICE STATION CRIME NO.104/2024 PENDING IN C.C. NO.476/2024 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND J.M.F.C. COURT, AT: GADAG FOR THE OFFENCES UNDER SECTIONS 323, 341, 504, 506, R/W 34 OF IPC AND COGNIZANCE TAKEN BY THE TRIAL COURT OF THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 341, 506, R/W 34 OF IPC, SO FAR AS ACCUSED NO.1 TO 17, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. These two criminal petitions filed under Section 482 of the Cr.P.C. arise out of a common incident between the same parties and therefore they are heard together and disposed of by this common order. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.105/2024 was registered by the Gadag Rural Police Station for the offences punishable under Sections 143, 147, 323, 341, 354, 504, 506 read with Section 149 of the IPC against Narayana S/o. Somaleppa Totad based on the first information dated 07.06.2024 received from Ramesh Totad S/o. Manappa. 4. After completing the investigation, charge sheet has been filed in Crime No.105/2024 and the learned Magistrate before whom the charge sheet has been filed, has taken cognizance of the alleged offences against the accused - 7 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 and the case is now pending before the learned Magistrate in C.C. No.708/2024. 5. Assailing the said proceedings, accused Nos.1 to 24 in C.C. No.708/2024 are before this Court in Crl.P. No.103877/2024 6. In respect of the very same incident that had taken place on 07.06.2024, FIR in Crime No.104/2024 was registered by Gadag Rural Police Station for the offences punishable under Sections 143, 147, 148, 323, 354, 447, 504, 506 and 149 of the IPC, based on the first information dated 07.06.2024 received from Narayan Totad S/o. Somaleppa, who is accused No.1 in Crime No.105/2024. Investigation has been completed even in Crime No.104/2024 and charge sheet has been filed by the Police before the jurisdictional Magistrate Court, who has taken cognizance of the charge sheeted offences in Crime No.104/2024 and the accused in the said case are being now tried in C.C. No.476/2024 before the Court of jurisdictional Magistrate. - 8 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 7. Challenging the further proceedings in C.C. No.476/2024, accused Nos.1 to 17 in the said case are before this Court in Crl.P. No.101424/2025 8. A perusal of the material would go to show that there is a civil dispute between the parties and it is in this background on 07.06.2024, the parties had fought against each other and it appears that both the parties have suffered injuries in the incident in question. It is in this background, the case and counter case has been registered in Crime Nos.104/2024 and 105/2024 and in both cases after completion of investigation charge sheets have been filed and jurisdictional Court of Magistrate has taken cognizance of the charge sheeted offences. 9. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P.1, has laid down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent 1 (1990) Supp. SCC 145 - 9 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 judgment in the case of STATE OF M.P. VS MISHRILAL2, and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments. 10. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA3, has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors. So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute, in normal circumstances, the High Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the 2 (2003) 9 SCC 426 3 ILR 2010 KAR 1719 - 10 - HC-KAR NC: 2025:KHC-D:9504 CRL.P No. 103877 of 2024 C/W CRL.P No. 101424 of 2025 same incident between the same parties. However, if the averments made in the complaints prima facie show that necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in such event, the inherent power under Section 482 Cr.PC can be exercised by this Court. 11. In the case on hand, perusal of the charge sheet materials in the two cases would go to show that there is sufficient material to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. I do not find any good ground to entertain these petitions. Accordingly, the following order is passed: ORDER The criminal petitions are dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 58