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2025 DAILYLAW 62259 (KAR)

SHRI. LAKHAN S/O RAMU BANDAGAR v. STATE OF KARNATAKA

CRL.P/104474/2025 · 2025-12-12

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18118 CRL.P No. 104474 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104474 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. LAKHAN S/O. RAMU BANDAGAR, AGE. 31 YEARS OCC. AGRICULTURE, R/O. KEMPWAD, TQ. KAGWAD, DIST. BELAGAVI-591234. …PETITIONER (BY SRI. DEEPAK S.KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY POLICE SUB-INSPECTOR, KAGAWAD POLICE STATION, KAGAWAD, BELAGAVI-591223, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18118 CRL.P No. 104474 of 2025 2. SHRI. PRAVEEN S/O. GOPAL KEMPAWADE, AGE. 39 YEARS, OCC. ADVOCATE, R/O. AT. SHEDBAL, TQ. KAGWAD, DIST. BELAGAVI-591315. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SMT. PRIYANKA H.PAWAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH ALL THE PROCEEDINGS INCLUDING THE COMPLAINT, FIR AND THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN SPECIAL CASE NO.177/2021 (KAGWAD POLICE STATION CRIME NO.54/2021), IN RESPECT OF THE OFFENCE PUNISHABLE UNDER SECTION 504 R/W SECTION 34 OF IPC AND UNDER SECTION 3(1)(U)(V) OF SC/ST PA (AMENDMENT) ACT-2015, PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI AGAINST THE PETITIONER/ACCUSED NO. 2 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18118 CRL.P No. 104474 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned counsel for the respective parties have filed a joint memo stating that the matter has been settled between the petitioner and respondents. 2. The averments made in the affidavit of the complainant/respondent No.2 accompanying the joint memo are as under: “1. I am the Respondent No-2/Complainant in the present Criminal Petition and am conversant with the facts and circumstances of this case. 2. The petitioners have filed this petition Under Section-528 of BNSS-2023 [U/S-482 Cr.P.C], seeking quashing of all the proceedings including the Complaint, FIR Crime No. 54/2021), in respect of the offence punishable under Section 504 R/w Section 34 of the Indian Penal Code and under Section 3(1)(u)(v) of S.C/S.T PA (Amendment) Act-2015, pending before the Hon'ble III Additional District and Sessions Judge Belagavi. 3. With the intervention of elders, the matter has been amicably settled between us. 3. - 4 - HC-KAR NC: 2025:KHC-D:18118 CRL.P No. 104474 of 2025 4. I state that the compromise is voluntary, without threat, coercion, or inducement, and I have no objection for quashing the entire criminal proceedings. 5. I respectfully request this Hon'ble Court to accept the compromise and quash the proceedings in the interest of justice.” 3. Considering the averments made in the affidavit, there is no embargo on this Court to record the settlement. 4. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the joint memo. ii) The entire proceedings in Special Case No.177/2021 pending on the file of III Additional District and Sessions Judge, Belagavi, is hereby set aside. iii) The petitioner is acquitted for the offence punishable under Section 504 read with Section 34 of the Indian Penal Code, 1860 and Section 3(1)(u)(v) of the Schedule - 5 - HC-KAR NC: 2025:KHC-D:18118 CRL.P No. 104474 of 2025 Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. iv) The bail bonds executed against the petitioner stands cancelled. v) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 3 Sl No.: 3