- 1 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102903 OF 2025 C/W CRIMINAL PETITION NO. 102904 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO.102903/2025: BETWEEN: 1. BASAVARAJ S/O. DEVENDRAPPA @ DEVAPPA NAVALI, AGE. 23 YEARS, OCC. GROUP ‘D’ EMPLOYEE IN DISTRICT HOSPITAL, GADAG. 2. DEVAPPA @ DEVENDRAPPA S/O. BASAPPA NAVALI, AGE. 49 YEARS, OCC. AGRICULTURE, 3. MAHANTESH S/O. KALLAPPA BHANGI, AGE. 29 YEARS, OCC. LORRY DRIVER, 4. PRABHU S/O. APPANNA BHANGI, AGE. 24 YEARS, OCC. LORRY DRIVER WORK, 5. YALLAMMA W/O. DEVAPPA @ DEVENDRAPPA NAVALI, AGE. 40 YEARS, OCC. GROUP ‘D’ EMPLOYEE, IN DISTRICT HOSPITAL, GADAG. 6. LAXMI W/O. MAHANTESH BHANGI, AGE. 22 YEARS, OCC. HOUSEHOLD, RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 ALL PETITIONERS ARE R/AT: HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. … PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD. 2. AYYAPPA S/O. PARASAPPA VALMIKI, AGE. 31 YEARS, OCC. FARMER, R/O. HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. 3. SAVITRI W/O. PARASAPPA VALMIKI, AGE. 44 YEARS, OCC. HOUSE WIFE, R/O. HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. 4. FAKKIRESH S/O. YALLAPPA NAGAVI, AGE. 33 YEARS, OCC. FARMER, R/O. HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. 5. VINAYAK S/O. PARASAPPA VALMIKI, AGE. 27 YEARS, OCC. FARMER, R/O. HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. HIRANKUMAR PATEL, ADVOCATE FOR R2 TO R5) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 6/PETITIONERS AS IN GADAG RURAL POLICE STATION IN CRIME NO.269/2023 FOR THE OFFENCES - 3 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 PUNISHABLE UNDER SECTIONS 143, 147, 323, 504, 506 R/W SECTION 149 OF IPC AND UNDER SECTION 3(1)(R)(S)(2) (VA) OF SC/ST ACT-1989 (AMENDMENT ACT, 2015), PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, AT GADAG IN SPL.C (SC/ST) NO.37/2023, IN THE INTEREST OF JUSTICE. IN CRL.P. NO.102904/2025: BETWEEN: 1. AYYAPPA S/O. PARASAPPA VALMIKI, AGE. 31 YEARS, OCC. AGRICULTURE, 2. VINAYAK PARASAPPA VALMIKI, AGE. 26 YEARS, OCC. COOLIE WORK, 3. SAVITRI W/O. PARASAPPA VALMIKI, AGE. 50 YEARS, OCC. HOUSEHOLD, 4. PRADEEP S/O. SUBHASH BADIGER @ KAMMAR, AGE. 31 YEARS, OCC. CARPENTER, 5. KUMAR @ SHIVAKUMAR S/O. BASAPPA @ BASAVARAJ BANGI, AGE. 25 YEARS, OCC. AGRICULTURE, 6. VENKATESH S/O. ARJUNAPPA KURTKOTI, AGE. 24 YEARS, OCC. DAILY WAGE WORKER AT THE DISTRICT HOSPITAL. 7. AMAR @ AMARANATH S/O. IRAPPA KURTKOTI, AGE. 28 YEARS, OCC. AGRICULTURE, 8. VENKATESH S/O. ARJUN @ ARJUNAPPA MANCHALI, AGE. 25 YEARS, OCC. COOLIE WORK, 9. KIRAN S/O. NAGESH BETAGERI, AGE. 22 YEARS, OCC. STUDENT, - 4 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 10. FAKKIRESH S/O. YALLAPPA NAGAVI, AGE. 34 YEARS, OCC. COOLIE WORK, ALL PETITIONERS ARE R/AT: HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. … PETITIONERS (BY SRI. HIRANKUMAR PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, GADAG, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011. 2. BASAVARJ S/O. DEVENDRAPPA NAVALI, AGE. 24 YEARS, OCC. COOLIE WORK, R/O. HARTI VILLAGE, TQ. AND DIST. GADAG-582 103. … RESPONDENTS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE FOR R2; SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 10/PETITIONERS AS IN GADAG RURAL POLICE STATION IN CRIME NO.271/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 323, 307, 452, 354, 504, 506 R/W SECTION 149 OF IPC, PENDING ON THE FILE Of THE PRL. DISTRICT AND SESSIONS JUDGE, AT GADAG IN S.C. NO.15/2025, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) These two petitions arise between the same parties in respect of an incident that had taken place on 13.09.2023 at about 20:30 hours and therefore, they are heard together and disposed of by this common order with the consent of the learned advocates appearing for the parties. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.269/2023 was registered by Gadag Rural Police Station, Gadag for offences punishable under Sections 143, 147, 323, 324, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the petitioners in Criminal Petition No.102903/2025 and after completing investigation, charge sheet has been filed in the said case, and the case is now pending before the Jurisdictional Sessions Court, in Spl.C. (SC/ST) No.37/2023. With a prayer to quash the entire proceedings in the said case, accused in Spl.C. (SC/ST) No.37/2023 are before this Court in Criminal Petition No.102903/2025. - 6 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 4. In respect of the very same incident that had taken place on 13.09.2023, a counter case was registered in Crime No.271/2023 by the very same Police Station, and after completing investigation, charge sheet has been filed in the said case for offences punishable under Sections 143, 147, 323, 307, 448, 354, 504, 506 read with Section 149 of IPC and after committal, the said case is now pending before the Court of Principal District and Sessions Judge, Gadag in S.C. No.15/2025. Accused in S.C. No.15/2025 are before this Court in Criminal Petition No.102904/2025 with a prayer to quash the entire proceedings in the said case against them. 5. Learned counsels appearing for the private parties in the aforesaid two cases jointly submit that case and counter case has been filed in respect of the alleged incident that had taken place on 13.09.2023. Dispute between the parties has been amicably settled at the intervention of the well wishers and elders of both the parties and applications are now filed before this Court to permit the parties to compound the offences and the said applications are also supported by the - 7 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 affidavits of the victims in the aforesaid two cases. Accordingly, they pray to allow the petitions. 6. Per contra, learned HCGP has brought to the notice of this Court that the alleged offences are non-compoundable in nature. 7. Material on record would go to show that the incident in question had taken place on 30.09.2023 in the background of a petty issue of playing some songs during the village festival. In the said incident, both the parties had fought against each other and undisputedly the injured victims have suffered only simple injuries in the said incident. The parties to these two cases hail from the same village and it appears that they are residing in adjacent houses. It is under these circumstances, a settlement has been arrived between the parties at the intervention of the elders and the well wishers of both the parties. Parties who are present before the Court are identified by their respective advocates. It is submitted that the settlement arrived between the parties is voluntarily without there being any undue influence or coercion. The joint applications filed by the parties in these two cases are signed - 8 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 by them and also by their respective advocates. The said applications are also supported by separate affidavits filed on behalf of the victims in the present case. In the applications as well as in the affidavits, it has been specifically stated that the settlement between the parties is voluntary, without there being any undue influence or coercion and the said settlement has been arrived at the intervention of the well wishers and elders of both the families. It is also stated that the parties intend to give a quietus to the dispute between them and live peacefully. 8. The Hon’ble Supreme Court in the case of Ramgopal and another vs. State of Madhya Pradesh1, has stated that notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in exercise of its powers under Section 482 of Cr.P.C., can quash criminal cases registered even for non-compoundable offences depending upon the nature, gravity of allegations and also the nature of the settlement arrived between the parties and also the conduct of the parties. 1 AIR 2022 (14) SCC 531 - 9 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 9. In the case on hand, the incident in question had taken place after the parties had fought against each other on a petty issue. Parties to these two cases are all villagers and they are living in adjacent houses. They intend to put an end to their dispute between them and live a peaceful life in future. 10. Under the circumstances, I am of the opinion that it is a fit case where this Court is required to exercise its inherent power under Section 482 of Cr.P.C. for the purpose of securing the ends of justice. Accordingly, the following: ORDER i. Criminal Petitions are allowed. ii. In Criminal Petition No.102903/2025, the entire proceedings in Spl. C. (SC/ST) No.37/2023 by the Court of Principal District and Sessions Judge, Gadag, arising out of Crime No.269/2023 registered by Gadag Rural Police Station, Gadag for offences punishable under Sections 143, 147, 323, 324, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stands quashed. - 10 - HC-KAR NC: 2025:KHC-D:9922 CRL.P No. 102903 of 2025 C/W CRL.P No. 102904 of 2025 iii. In Criminal Petition No.102904/2025, the entire proceedings in S.C. No.15/2025 by the Court of Principal District and Sessions Judge, Gadag, arising out of Crime No.271/2023 registered by Gadag Rural Police Station, Gadag for offences punishable under Sections 143, 147, 323, 307, 448, 354, 504, 506 read with Section 149 of IPC stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 84