- 1 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102973 OF 2025 C/W CRIMINAL PETITION NO. 102424 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO. 102973 OF 2025: BETWEEN: SRI. VEERAPPA S/O BASAVAREDDEPPA, AGE. 68 YEARS, OCC. RETIRED PERSON/RETIRED P.U. COLLEGE PRINCIPAL, R/O. KALYANA NAGAR, KOPPAL-583 231, TQ./DIST. KOPPAL. … PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KOPPAL WOMEN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. PURNIMA S/O SATYANARAYANARAV KASABE, AGE. 42 YEARS, OCC. HOUSE WIFE, R/O. NEAR GUNNAL COMPOUND, RENITI SCHOOL, KOPPAL, TQ./DIST. KOPPAL-583 231. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SUBHASH J. BADDI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ORDER DATED 13/03/2020 IN C.C. NO.393/2020 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, KOPPAL THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTION 354(A), 504, 506 OF IPC IN CRIME 01/2020 REGISTERED AT KOPPAL WOMEN POLICE STATION, HAS PRESENTED THE PRESENT PETITION AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 IN CRL.P. NO. 102424 OF 2025: BETWEEN: 1. SMT. POORNIMA W/O SATHYANARAYAN KASBE, AGE. 47 YEARS, OCC. EMPLOYEE, R/AT. GUNNAL COMPOUND, REINITI SCHOOL, NEAR KOPPAL, TQ. AND DIST. KOPPAL-583 231. 2. AJAY S/O BASATTEPPA SAJJAN, AGE. MAJOR, OCC. EMPLOYEE, R/AT. WARD NO.19, KOPPAL, TQ. AND DIST. KOPPAL-583 231. 3. SHARANAPPA S/O BASATTEPPA SAJJAN, AGE. MAJOR, OCC. EMPLOYEE, R/AT. WARD NO.19, KOPPAL, TQ. AND DIST. KOPPAL-583 231. … PETITIONERS (BY SRI. SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KOPPAL TOWN POLICE STATION, REPRESENTED BY IT’S STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580 004. 2. SHRI VEERAPPA S/O BASAVARADDEPPA RADDER, AGE. 68 YEARS, OCC. RETIRED PERSON, R/AT. 1ST MAIN, 5TH CROSS, KALYAN NAGAR, TQ. AND DIST. KOPPAL-583 231. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. N.D. GUNDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE ORDER DATED 06.06.2025 AND THE ENTIRE PROCEEDINGS IN C.C. NO.28/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, KOPPAL, AGAINST ACCUSED NOS. 1 TO 3/PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 355, 341 AND 506 READ WITH 34 OF THE INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 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. Heard the learned counsel appearing for the parties. 2. These two petitions arise between the same parties and out of the same incident that had taken place on 08.01.2020 and therefore they are heard together with the consent of learned counsel for the parties and are disposed of by this common order. 3. FIR in Crime No.1/2020 was registered by Koppal Women Police Station, Koppala District for the offence punishable under Sections 504, 506 and 354 of IPC against one Veerappa, based on the first information dated 08.01.2020 received from Smt. Purnima W/o Sathyanarayanrav kasbe. After completing investigation, charge sheet has been filed in the said case for the aforesaid offences against Veerappa and he is now being tried for the charge sheeted offences in C.C.No.393/2020 before the Court of Principal Civil Judge & - 4 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 JMFC, Koppal. Being aggrieved by the same, he is before this Court in Crl.P.No.102973/2025. 4. In respect of the very same incident that had taken place on 08.01.2020, FIR in Crime No.2/2020 was registered by Koppal Town Police Station for the offences punishable under Sections 506, 341, 355, 323 R/w 34 of IPC against Purnima Kasbe and two others, based on the first information submitted by aforesaid Veerappa Radder. The Police after completing investigation had filed a ‘B Final report’ in Crime No.2/2020. The learned Magistrate, vide order dated 06.06.2025 has taken cognizance of the alleged offences against accused Nos.1 to 3 and consequently, he has rejected ‘B Final Report’ filed in Crime No.2/2020 by the Police. Assailing the same, accused in Crime No.2/2020 who are being tried by the jurisdictional Court of Magistrate in C.C.No.28/2025 are before this Court in Crl.P.No.102424/2025. 5. The material on record would go to show that, in respect of the alleged incident that had taken place on 08.01.2020, case and counter case were registered by the - 5 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 Koppal Women Police Station and Koppal Town Police Station in Crime No.1/2020 and Crime No.2/2020. In Crime No.1/2020, the police after investigation had filed charge sheet, whereas in Crime No.2/2020, the police after investigation had filed ‘B Final report’. The said ‘B Final report’ was contested by the first informant in Crime No.2/2020. Therefore, the learned Magistrate ought to have passed an order either accepting or rejecting ‘B Final report’ filed in Crime No.2/2020 before proceeding to record sworn statement of the first informant and taking cognizance of the alleged offences. The law in this regard has been laid down by the Coordinate Bench of this Court in the case of DR. RAVIKUMAR V. MRS. KMC VASANTHA AND ANOTHER – ILR 2018 KAR 1725. However, in Crime No.2/2020, the learned Magistrate without passing any orders on the ‘B Final report’ which was submitted by the investigating officer has proceeded to record the sworn statement of the first informant and thereafter has taken cognizance of the alleged offences and consequently has rejected ‘B Final report’. The said approach made by the learned Magistrate is not in accordance with law and procedure as contemplated in the case of DR. RAVIKUMAR (supra) has - 6 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 not been followed by the learned Magistrate and therefore, the order dated 06.06.2025 passed by the learned Magistrate in Crime No.2/2020 taking cognizance of the alleged offences against the petitioners in Crl.P.No.102424/2025 cannot be sustained. 6. As stated hereinabove in respect of the alleged incident that had taken place on 08.01.2020, case and counter case were registered by Koppal Women Police Station and Koppal Town Police Station and therefore the incident in question cannot be in dispute. However, the Police after investigation have filed charge sheet in Crime No.1/2020 and had filed ‘B Final report’ in Crime No.2/2020, which is challenged by the first informant in Crime No.2/2020. For the reasons stated aforesaid, this Court has held that the learned Magistrate was not justified in taking cognizance of the alleged offences in Crime No.2/2020 and consequently rejecting ‘B Final report’ filed in the said case. 7. A case and counter case are criminal cases originating from a single incident that had taken place in any - 7 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 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 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. - 8 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 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 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. Therefore, I do not find any merit in Crl.P.No.102973/2025. - 9 - HC-KAR NC: 2025:KHC-D:10026 CRL.P No. 102973 of 2025 C/W CRL.P No. 102424 of 2025 11. Accordingly, the following:- ORDER (i) Crl.P.No.102973/2025 is dismissed. (ii) Crl.P.No.102424/2025 is allowed in part. (iii) The order dated 06.06.2025 passed by the Court of Senior Civil Judge & CJM, Koppal in Crime No.2/2020 registered by Koppal Town Police Station for the offences punishable under Sections 506, 341, 355, 323 R/w 34 of IPC is set-side and the matter is remitted back to the said Court with a direction to proceed further in accordance with law taking into consideration the judgment of the Coordinate Bench of this Court in DR. RAVIKUMAR’S (supra) case. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK