- 1 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102899 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: VENKATESH NAIK, AGE: 46 YEARS, OCC: AGRICULTURE & SOCIAL WORKER, R/O: H.NO.765, SHRI KOTTESHWARA NILAYA, 7TH WARD, BASAVESHWARA NAGAR, KOTTUR TALUK, DIST: VIJAYANAGAR-586 102. … PETITIONER (BY SRI. A. VEERANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KOTTUR POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA AT DHARWAD, DHARWAD-580 011. 2. K. KOTRESH S/O DODDA BASAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: VIRUPAPUR VILLAGE, KUDLIGI TALUK, VIJAYANAGAR-583 135. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. G.D. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE THE COURT OF THE 3RD ADDITIONAL DISTRICT JUDGE AT HOSAPETE IN SC NO.5052 OF 2021 FOR OFFENCES PUNISHABLE UNDER SECTIONS 504, 392, 323, 324, 307, 355, 506 OF THE IPC AND SET ASIDE THE COMPLAINT DATED 03-10-2021 AND FIR IN CRIME NO.05 OF 2020, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS 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:9274 CRL.P No. 102899 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.5052/2021 pending before the Court of III Additional District and Sessions Judge, Hosapete, Ballari District, arising out of Crime No.5/2020 registered by Kottur Police Station, Ballari District, for the offences punishable under Sections 502, 392, 323, 324, 307, 355 and 506 of IPC, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.5/2020 was registered by Kottur Police Station, Ballari, for the aforesaid offences against the petitioner herein based on the first information submitted by respondent No.2, who is the alleged victim in the present case. After completing investigation, charge sheet has been filed against petitioner and the case against him is now - 3 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 pending before the jurisdictional Sessions Court in S.C. No.5052/2021. 4. Learned counsel for the petitioner submits that petitioner and respondent No.2 are friends and there was some dispute between them with regard to certain monetary transactions. In the alleged incident in question, the victim has not suffered any injuries. The dispute between the parties has been now settled at the intervention of the elders and well-wishers of both the parties. They intend to give a quietus to the dispute and accordingly pray to allow the petition. 5. Per contra, learned counsel for the respondent No.2 also submits that the parties have settled the dispute and they have filed a joint memo and respondent No.2 has filed an affidavit admitting the settlement between the parties. 6. Learned HCGP appearing for the respondent No.1, however, brings to the notice of this Court that the alleged offences are non-compoundable in nature. - 4 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 7. The incident in question had taken place outside State Bank of India at Kotturu in Ballari District. Material on record goes to show that CW1, Kotresh, who is the alleged victim in the case, was due to pay certain amount to the petitioner and since he had not paid the same, the petitioner allegedly after abusing him outside the bank, had assaulted him with a chappal. It is also alleged that petitioner tried to strangulate the neck of the victim with his waist belt and tried to commit his murder. Undisputedly, the victim has not suffered any injury in the incident in question that had taken place at about 03:15 p.m. on 03.01.2020 outside the State Bank of India at Kottur, Ballari District. 8. The parties have now filed a joint memo before this Court, which is signed by them and their respective advocates, seeking permission of this Court to permit them to compound the offences. The said joint memo is also supported by the affidavit filed by the respondent No.2, who is the victim and de facto complainant in the present case. In paragraph Nos.3 to 5, of the joint memo it is stated as follows: - 5 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 “3. The Petitioner and Respondent No.2 have amicably resolved the dispute at the instance and intervention of elderly persons of both places and friends. 4. The respondent No.2 is not intending to prosecute the case in view of compromise arrived between parties. 5. It is further submitted that the offences punishable U/Sec. 324, 307, 392 are non-compoundable but this Hon'ble Court can compound the offences in view of settlement arrived in the interest and welfare of both parties. The parties have settled the dispute as per the terms stated as under: 1) The Petitioner has no claim whatsoever on Respondent No.2. 2) The parties have settled the dispute in the best interest, welfare and well being of both of them 3) That the Petitioner under takes to withdraw /compromise all the cases filed by him and in turn the respondent No.2 herein undertakes to withdraw/compromise all the cases filed by him. 4) The parties have resolved not to continue any kind of litigations in future and will not allege anything against each other.” - 6 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 9. 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 exercise of powers under Section 482 of Cr.P.C., can quash criminal proceedings initiated, even for non-compoundable offences, depending upon the nature of allegations, relation dispute between the parties, the gravity of the offence, and also the nature of settlement. In the present case, the parties are closely acquainted to each other and undisputedly the victim has not suffered any injury in the incident in question. The parties who had a dispute with regard to certain monetary transaction have stated that they have settled the dispute amicably between themselves and they intend to give a quietus to all the disputes between themselves and live peacefully in future. The parties who are before this Court have been identified by their respective advocates and joint memo which is filed by the parties is also signed by their respective advocates. 1 AIR 2022 (14) SCC 531 - 7 - HC-KAR NC: 2025:KHC-D:9274 CRL.P No. 102899 of 2023 10. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in S.C. No.5052 of 2021 pending before the Court of III Additional District and Sessions Judge, Hosapete, Ballari District, arising out of Crime No.5/2020 registered by Kottur Police Station, Ballari District, for the offences punishable under Sections 502, 392, 323, 324, 307, 355 and 506 of IPC is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 11