- 1 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 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. 102939 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. JAYAPAL SADASHIVA POL S/O SADASHIV POL, AGE: 67 YEARS, OCC: COOLIE, 2. KRISHNABAI S/O JAYAPAL SADASHIVA POL, AGE: 65 YEARS, OCC: HOUSEHOLD, 3. SANTOSH S/O JAYAPAL POL, AGE: 40 YEARS, OCC: ATTENDER, 4. SUBHAS S/O JAYAPAL POL, AGE: 40 YEARS, OCC: ADVOCATE, ALL ARE R/O: JAGADAL VILLAGE, TQ: RABAKAVI BANAHATTI, DIST: BAGALKOT-587 311. … PETITIONERS (BY SRI. JAMBANGOUD BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (BY ITS BANAHATTI P.S.), REPRESENTED BY ITS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. 2. SMT. BOURAVVA NINGAPPA BIRADAR W/O NINGAPPA, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: GANESH NAGAR, JAGADAL VILLAGE, TQ: RABAKAVI BANAHATTI, DIST: BAGALKOT-587 311. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT AND FIR IN CR. NO.86/2025 REGISTERED IN BANAHATTI P.S., ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BANAHATTI, PRESENTED BY THE RESPONDENT NO.2 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 74, 76, 352, 351, 3(5) OF BNS IN FOR AS PETITIONERS ARE CONCERNED AND IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 4 are before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the FIR in Crime No.86/2025 registered by the Banahatti Police Station, Bagalkote District for the offences punishable under Sections 115(2), 74, 76, 352, 351, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that in respect of the alleged offences that had taken place on 10.06.2025, there is a case and counter case registered by Banahatti Police Station, Bagalkote District. FIR in Crime No.85/2025 was registered by Banahatti Police Station, Bagalkote District, for the offences punishable under Sections Sections 189(2), 191(2), 115(2), 74, 76, 324(3), 352, 190 of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on the first information dated 14.06.2025 received from Subhash Jaypal - 4 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 Pol and in the said case, the first informant in the present case is arrayed as accused No.6. FIR in Crime No.86/2025 was registered by Banahatti Police Station, Bagalkote District for the offences punishable under Sections 115(2), 74, 76, 352, 351, 3(5) of Bharatiya Nyaya Sanhita, 2023 against Subhash Jaypal Pol and others and in the said case, the first informant in Crime No.85/2025 is arrayed as accused No.4. Though the incident in question had taken place on 10.06.2025, both the parties had belatedly approached the Police and thereafter, a case and counter case have been registered against each other in Crime No.85/2025 and Crime No.86/2025. Petitioners are before this Court assailing the FIR registered in Crime No.86/2025. 4. 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 - 5 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 counter case and how the case and counter case are required to be tried. 5. The Hon'ble Supreme Court in the case of Nathi Lal and 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 1 (1990) Supp. SCC 145 2 (2003) 9 SCC 426 3 ILR 2010 KAR 1719 - 6 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 case and shall file the final report and the case and counter case should be conducted by separate prosecutors. 7. So far as the power under Section 482 Cr.P.C. 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.P.C. can be exercised by this Court. 8. 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. I do not find - 7 - HC-KAR NC: 2025:KHC-D:9290 CRL.P No. 102939 of 2025 any good ground to entertain this petition. Accordingly, the following order is passed: ORDER The criminal petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 60