- 1 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 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. 101256 OF 2025 (482(CR.PC)/528(BNSS) BETWEEN: 1. SHRI SURESH IRAPPA SANGANAL, AGE: 55 YEARS, OCC: FARMER, R/O: ARAKERI, TQ: KUKNOOR, DIST: KOPPAL-583 232. 2. SHRI ANANDKUMAR SANGAPPA HANCHINAL, AGE: 55 YEARS, OCC: FARMER, R/O: ARAKERI, TQ: KUKNOOR, KOPPAL, DIST: KOPPAL-583 232. 3. SHRI SANGAPPA SHIVAPPA HANCHINAL, AGE: 60 YEARS, OCC: FARMER, R/O: ARAKERI, TQ: KUKNOOR, KOPPAL, DIST: KOPPAL-583 232. 4. SHRI KALAKAPPA SANGAPPA HANCHINAL, AGE: 38 YEARS, OCC: FARMER, R/O: ARAKERI, TQ: KUKNOOR, KOPPAL, DIST: KOPPAL-583 232. … PETITIONERS (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH OLD KUKNOOR POLICE, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. 2. SHRI CHANDRAKANT S/O. KOTRAPPA TOTAD, AGE: 34 YEARS, OCC: FARMER, R/O: MUTTAL, TQ: KUKANOOR, KOPPAL, DIST: KOPPAL-583 232. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVD AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1011/2024 (ARISING OUT OF CRIME NO.42/2024 OF KUKNOOR POLICE), NOW PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, YELBURGA, ITINERARY COURT AT KUKANOOR, FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 447, 323, 324, 506 AND 504 R/W SECTION 34 OF THE IPC, 1860, IN SO FAR THE PETITIONERS/ACCUSED NO.1 TO 4 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1011/2024 pending before the Court of Civil Judge and JMFC, Yelburga arising out of Crime No.42/2024 registered by Kuknoor Police Station, Koppal for offences punishable under Sections 447, 323, 324, 504, 506 read with Section 34 of Indian Penal Code. 2. Heard learned counsel for the parties. 3. Perusal of the material on record would go to show that FIR in Crime No.41/2024 was registered by Kuknoor Police Station, Koppal for the offences punishable under Sections 447, 323, 324, 504, 506 read with Section 34 of IPC against Ravikumar s/o Kotrappa Totad and others based on the first information submitted by Anand s/o Sangappa. In respect to the very same incident that had taken place on 02.04.2024, FIR in Crime No.42/2024 - 4 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 was registered by Kuknoor Police Station, Koppal for the aforesaid offences against one Suresh Irappa Sanganal and others based on the first information received from Chandrakant Kotrappa Totad. 4. Perusal of the allegation found in the first information received in the aforesaid two cases would go to show that there is some civil dispute between the parties and in the background of the civil dispute, the parties had fought against each other on 02.04.2024 and in respect to the alleged incident that had taken place, there is a case and counter case registered in Crime No.41/2024 and Crime No.42/2024 by the very same Police Station. Investigation is completed and charge sheet has been filed in both the cases before the jurisdictional Court of Magistrate and the learned Magistrate has taken cognizance of the charge sheeted offences. - 5 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 5. 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 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. 6. 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 1 (1990) Supp. SCC 145 2 (2003) 9 SCC 426 3 ILR 2010 KAR 1719 - 6 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 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 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. 7. 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. - 7 - HC-KAR NC: 2025:KHC-D:9505 CRL.P No. 101256 of 2025 Therefore, I do not find any good ground to entertain this petition. Accordingly, the following order is passed: ORDER Criminal petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 69