- 1 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103854 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. TIRAKAPPA S/O ARJUNAPPA PUJER, AGE. 44 YEARS, OCC. AGRICULTURE/PUJARIKE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 2. ASHOK S/O TAVANAPOPA INCHAL, AGE. 72 YEARS, OCC. AGRICULTURE/PUJARIKE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 3. BAABU S/O BHUJABALI MARENNAVAR, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 4. BASAVARAJ S/O YALLAPPA WALIKAR @ SANADI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 5. BASAVARAJ S/O SHIVARUDRAPPA BASARAKOD, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 6. SHANKAR S/O SHIVAPPA AMBALI, AGE. 45 YEARS, OCC. AGRICULTURE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 7. APPAYYA S/O MALLAPPA PATTED, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI. 8. MAHESH S/O SURESH AMBADAGATTI, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI. 9. BASAYYA S/O RACHAYYA HIREMATH, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI. 10. LAKSHAMAN S/O INDRAGOUDA PATIL, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 11. MALLAPPA @ MALLESH S/O RUDRAPPA BASARAKOD, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 12. BASAVARAJ S/O RUDRAPPA JOLAD, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 13. HANAMANT S/O NINGAPPA PUJER, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 14. ANNAPPA S/O CHANNAPPA BASARAKOD, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. - 3 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 15. VITHAL S/O SHIVAPPA PUJER, AGE. 37 YEARS, OCC. COOLIE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. 16. SHIVANAND S/O YALLAPPA WALIKAR, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. … PETITIONERS (BY SRI. P.N. HOSAMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KITTUR POLICE STATION, TQ. KITTUR, DIST. BELAGAVI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. LAXMI W/O NAGARAJ HITTALAMANI, AGE. 28 YEARS, OCC. HOUSEHOLD WORK, R/O. MARGANAKOPPA, TQ. KITTUR, DIST. BELAGAVI-590 001. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAM P. GHORPADE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL. CASE NO.45/2023 PENDING ON THE FILE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 149, 504, 506 OF IPC AND R/W SECTION 3(1)(R), 3(1)(S), 3(1)(ZA)(C) OF SC/ST (PREVENTION OF ATROCITY) ACT 1989 IN RESPECT OF PRESENT PETITIONERS/ACCUSED NO.1 TO 16, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court under Section 528 of BNSS 2023, with a prayer to quash the entire proceedings in Special Case No.45/2023 pending before the Court of III Addl. District and Sessions Judge, Belagavi, arising out of Crime No.127/2022 registered by Kitturu Police Station, Belagavi District, for offences punishable under Sections 143, 147, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) 3(1)(za)(C) of SC/ST (POA) Act, 1989, as against them. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that the dispute between the parties, who are from the same village, has been amicably settled at the intervention of well wishers and elders of both the parties. The settlement arrived between the parties is voluntarily without there being any undue influence or coercion. The pendency of this case has been causing untold hardship to parties to lead normal life in their village. They submit that parties have filed an application before this Court under Section - 5 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 359(2) read with Section 528 of BNSS, 2023, seeking permission of this Court to compound the alleged offences. 4. Learned HCGP has brought to the notice of this Court that charge sheet has been filed in the present case for non- compoundable offences. 5. The parties, who are present before this Court are identified by their respective Advocates. The application filed by the parties under Section 359(2) read with Section 528 of BNSS, 2023, which is supported by the affidavit of the petitioners is taken on record. The same is signed by parties and also by their respective Advocates. Learned counsel for respondent No.2 has filed affidavit of first informant and victims in the present case separately. The same is also taken on record. In paragraph Nos.2 to 6 of the compromise petition, it is stated as follows:- “2. It is submit that the elders of the village and community of people intervened and advised to settle the matter. The petitioners and the respondent and victims have arrived at settlement amicably in order to bring peace and harmony among the community of people in the village. All the village elders and the petitioners and the respondents have decided to bring peaceful end to the dispute to maintain good and cordial - 6 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 relationships. Complainant and other alleged victims have agreed to settle the matter with the petitioners. 3. It is submitted that the respondent No.2/complainant further agrees that she will not precipitate eth above matter and wish to put an end to the case. 4. The respondent no.2/complaint is hereby withdraw all the allegations against the petitioners and submit no objection to compound the offence and further no objections to allow the above petition by quashing the entire criminal proceedings. 5. It is submitted that at respondent No2/complaint and victims agree to settle the matte without there being any pressure, force, threat or coercion by anybody and on their own volition free will and consent ready to compromise the matter and further the both the parties decided to live cordially in the village. 6. It is submitted that in view of the above stated facts and understanding between the parties this Hon'ble court may be pleased to permit the parties to compound the offense and close the case by allowing the petition The present compromise.” 6. The Hon'ble Supreme Court in case of RAMGOPAL AND ANOTHER vs. STATE OF MADHYA PRADESH reported in AIR 2022 (14) SCC 531, has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., the High Court - 7 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 in exercise of its inherent powers under Section 482 of Cr.P.C. can quash the criminal cases registered for non-compoundable offences taking into consideration the nature of settlement between the parties and also the gravity and nature of allegations found in the impugned criminal proceedings. 7. In the case on hand, the alleged offences are not grave in nature and the parties, who are residing in the same village have stated before this Court that pendency of this case has been causing untold hardship to them and they are not in a position to live peacefully in their village. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following order:- 8. The petition is allowed. The entire proceedings in Special Case No.45/2023 pending before the Court of III Addl. District and Sessions Judge, Belagavi, arising out of Crime No.127/2022 registered by Kitturu Police Station, Belagavi District, for offences punishable under Sections 143, 147, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) 3(1)(za)(C) of SC/ST (POA) Act, 1989, as against the petitioners, is hereby quashed. - 8 - HC-KAR NC: 2025:KHC-D:12731 CRL.P No. 103854 of 2025 9. Pending interlocutory applications, if any, do not survive for consideration. Hence, disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 2 SL NO.: 7