- 1 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103409 OF 2025 C/W CRIMINAL PETITION NO. 103411 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO.103409 OF 2025: BETWEEN: SIMA @ SEEMA D/O MANGESH TALEKAR, AGE. 44 YEARS, OCC. SERVING IN BSF, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. … PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SUB-INSPECTOR OF POLICE, ANKOLA P.S., R/BY SPP, HIGH COURT BUILDING, DHARWAD. 2. SUSHMA SANTOSH PADTI, AGE. 43 YEARS, OCC. HOUSE WIFE, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.699/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, ANKOLA (ANKOLA PS CRIME NO.43/2025) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 352, 74, 115(2), 118(1), 351(2) R/W 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, AS AGAINST THE PETITIONER/ACCUSED NO.4 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 IN CRL.P. NO.103411 OF 2025: BETWEEN: 1. MANGESH GANAPATI TALEKAR, AGE. 65 YEARS, OCC. AGRICULTURIST, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. 2. GOURISH MANGESH TALEKAR, AGE. 30 YEARS, OCC. AGRICULTURIST, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. 3. GEETA MANGESH TALEKAR, AGE. 50 YEARS, OCC. HOUSEHOLD WORK, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. … PETITIONERS (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SUB-INSPECTOR OF POLICE, ANKOLA P.S., R/BY SPP, HIGH COURT BUILDING, DHARWAD. 2. SUSHMA SANTOSH PADTI, AGE. 43 YEARS, OCC. HOUSE WIFE, R/O. DEVANBAG AVARSA, TQ. ANKOLA-581 316, DIST. UTTARA KANNADA. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.699/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, ANKOLA (ANKOLA PS CRIME NO.43/2025) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 3(5), 351(2) 352, 74, OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, AS AGAINST THE PETITIONERS/ACCUSED NO.1 TO 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. With the consent of the learned counsel for the parties, both these petitions are taken up together for final disposal. 2. Accused Nos.1 to 4 in Crime No.699 of 2025 pending before the Court of Civil Judge and JMFC, Ankola, arising out of Crime No.43 of 2025 registered by Ankola Police Station, Uttara Kannada, Karwar district for offences punishable under Sections 352, 74, 115(2), 118(1), 351(2) read with Section 3(5) of BNS 2023 are before this Court in these two petitions filed under Section 528 of the BNSS 2023, with a prayer quash the entire proceedings in the aforesaid cases as against them. 3. Heard learned counsel for the petitioners and learned HCGP for respondent No.1. - 4 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 4. Perusal of the material on the record would go to show that FIR in Crime No.42 of 2025 was registered by Ankola Police Station, Uttara Kannada, Karwar district, for the aforesaid offences against the petitioners herein based on the first information dated 06.03.2025 received from respondent No.2. After completing investigation in the said case, charge sheet has been filed against the petitioners herein for the aforesaid offences. The Trial Court, after taking cognizance of the charge sheeted offences, has issued summons to the petitioners and being aggrieved by the same, the petitioners are before this Court in these two petitions. 5. The material on record would go to show that, in respect of the alleged incident that had taken place on 05.03.2025, in respect of which, FIR in Crime No.43 of 2025 was registered by Ankola Police Station, Uttara Kannada, Karwar district, the very same police have registered FIR in Crime No.42 of 2025 for offences punishable under Sections 115(2), 118(1), 189(2), 190, 191(1), 191(2), 191(3), - 5 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 329(3), 351(2), 352, 74 of the BNSS 2023 based on the first information dated 05.03.2025 received from Smt.Geeta Mangesha Talekar, who is arrayed as accused No.3 in the present proceedings. The first informant in Crime No.43 of 2025 is arrayed as accused No.3 in Crime No.42 of 2025. 6. Perusal of the averment in the first information based on which a case and a counter case are registered by the Ankola Police Station, Uttara Kannada, Karwar district, in respect of the alleged incident that had taken place on 05.03.2025, would go to show that the parties are related to each other and they have ill-will against each other. Perusal of the material on record would go to show that in the alleged incident that had taken place on 05.03.2025 the parties had fought against each other and both the parties have suffered simple injuries. It is under these circumstances, a case and counter case has been registered in Crime No.42 of 2025 and Crime No.43 of 2025. - 6 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 7. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried. 8. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145, 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 MISHRILAL reported in (2003)9 SCC 426, 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 - 7 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 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. 9. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA reported in ILR 2010 KAR 1719, 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. 10. 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 - 8 - HC-KAR NC: 2025:KHC-D:11072 CRL.P No. 103409 of 2025 C/W CRL.P No. 103411 of 2025 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 averments made in the complaint would go to show that there are sufficient materials to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. Therefore, I do not find any good ground to entertain these petitions. Accordingly, the following order is passed: Criminal Petitions are dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 65