- 1 - HC-KAR NC: 2025:KHC-D:11722 CRL.P No. 103622 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103622 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. ALEEMSAB S/O PARISAB NADAF, AGED 50 YEARS, OCC. SERVICE, R/O. MORAB VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591 317. … PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY KUDACHI POLICE STATION, TQ. RAIBAG, DIST. BELAGAVI, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, HIGH COURT BUILDING, DHARWAD. 2. SRI. RAVASAB S/O ARJUN BOMMANAL, AGED 38 YEARS, OCC. AGRICULTURE, R/O. HARUGERI RAIBAG TALUK, DIST. BELAGAVI-591 220. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. P.V. GUNJAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO CALL FOR THE RECORDS IN C.C. NO.844/2023 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC RAIBAG AND QUASH THE IMPUGNED CHARGE SHEET AS WELL AS ENTIRE PROCEEDINGS IN C.C. NO.844/2023 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11722 CRL.P No. 103622 of 2025 420 OF IPC ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR AS AGAINST THE PETITIONER HEREIN IN CRIME NO.0125/2020 KUDACHI P.S., AS THE SAME BEING TOTALLY ILLEGAL AND NOT SUSTAINABLE IN LAW, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in CC.No.844/2023 pending before the Court of Additional Civil Judge and JMFC, Raibag, arising out of Crime No.125/2020 registered by Kudachi Police Station, Belagavi District, for the offences punishable under Sections 406 and 420 of IPC, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for respondent no.2 jointly submit that the dispute between the parties has been amicably settled during the pendency of this petition at the intervention of elders and well - 3 - HC-KAR NC: 2025:KHC-D:11722 CRL.P No. 103622 of 2025 wishers of both the parties. The parties intend to give quietus to their dispute and live peacefully in future. The alleged offences are compoundable in nature. They submit that an application under Section 359 of BNSS 2023, r/w Section 320 of Cr.P.C. is filed with a prayer to permit the parties to compound the alleged offences. Accordingly prays to allow the petition. 4. The parties to this petition, who are present before this Court in person are identified by their respective advocates. It is submitted that settlement between the parties is voluntary, without there being any undue influence or coercion. The application filed under Section 359 of BNSS 2023 r/w Section 320 of Cr.P.C. is taken on record. The said application is supported by the joint affidavit of petitioner and respondent no.2. In paragraph nos.3A and 4 of the Affidavit filed in support of the application, it is stated as follows: “3A. We say that the Deponent No.1/complainant is permanent resident of Harugeri in Raibag Taluk and Deponent No.2 is resident of Morab in Raibag taluk and we both know each other. We Deponents 1 and 2 herein with the help and advice of the elders of the society and - 4 - HC-KAR NC: 2025:KHC-D:11722 CRL.P No. 103622 of 2025 our family members and with a view to maintain cordial relationship between us and maintain peace and harmony among the members of our village, have amicably with free will and wish without any coercion, have settled our differences and disputes and have arrived decided to compromise our dispute and compound the offences at an amicable settlement. We state that the offences levelled in the charge sheet being compoundable with the permission of the court, the proceedings in C.C. No.844/2023 are liable to be quashed on the ground of compounding arrived at between us. Therefore, Deponent No. 1 is not willing to continue with the prosecution of Deponent No.2. As the continuation of the impugned proceedings would amount to futile exercise and abuse of process of court. Therefore, to prevent the miscarriage of justice, the impugned proceedings are liable to be quashed. 4. Accordingly we have filed the accompanying application and joint affidavit seeking permission of this Hon'ble Court to permit us to compound the offences by exercising the powers u/sec. 528 of BNSS (482 of CrPC) in the above case in view of the amicable settlement of the dispute between us and accordingly discharge Deponent No.2 from the offences by quashing the entire proceedings in C. C. No.844/2023 on the file of Addl. Civil Judge & JMFC Raibag in the interest of the justice.” - 5 - HC-KAR NC: 2025:KHC-D:11722 CRL.P No. 103622 of 2025 5. The allegations found against the petitioner in the FIR as well as in the charge sheet are private and not of grave in nature. The settlement between the parties is said to be voluntary without any undue influence or coercion. 6. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner in the application now filed before this Court seeking permission to compound the alleged offences in the present case is to be granted and consequently, the entire proceedings impugned in this petition needs to be quashed. Accordingly, following order:- ORDER Criminal Petition is allowed. The entire proceedings in CC.No.844/2023 pending before the Court of Additional Civil Judge and JMFC, Raibag, arising out of Crime No.125/2020 registered by Kudachi Police Station, Belagavi District, for the offences punishable under Sections 406 and 420 of IPC is hereby quashed against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK, LIST NO.: 1 SL NO.: 52