- 1 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103951 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. APPANNAGOUDA S/O MALAGOUDA BIRADAR, AGED 38 YEARS, OCC. AGRICULTURE, R/O. KOLIGUDDA, TQ. RAIBAG, DIST. BELAGAVI-591 220. 2. MALAGOUDA @ MALLAPPA S/O. MANING BIRADAR, AGED 61 YEARS, OCC. AGRICULTURE, R/O. KOLIGUDDA, TQ. RAIBAG, DIST. BELAGAVI-591 220. 3. SURESH S/O. MALAGOUDA BIRADAR, AGED 35 YEARS, OCC. AGRICULTURE, R/O. KOLIGUDDA, TQ. RAIBAG, DIST. BELAGAVI-591 220. 4. BHIMAPPA S/O. LAXMAN KULLOLLI, AGED 37 YEARS, OCC. PRIVATE SERVICE, R/O. BALIGERI, TQ. ATHANI, DIST. BELAGAVI-591 212. … PETITIONERS (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 AND: 1. STATE OF KARNATAKA, R/BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH HARUGERI P.S., TQ. RAIBAG, DIST. BELAGAVI-591 220. 2. NIJAGUNI S/O. SHRISHAIL GOUDA PATIL, AGED 39 YEARS, OCC. AGRICULTURE, R/O. KOLIGUDDA, TQ. RAIBAG, DIST. BELAGAVI-591 220. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAM P. GHORAPADE AND SMT. AKSHATA M.S., ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.468/2020 (HARUGERI PS CRIME NO.95/2019) AGAINST THE PETITIONERS (ACCUSED NOS.1 TO 4) ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, RAIBAG, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 4 are before this Court under Section 528 of BNSS 2023 with a prayer to quash the entire proceedings in C.C.No.468 of 2020 pending before the Court of Additional Civil Judge & JMFC, Raibag, arising out of Crime No.95/2025 registered by Harugeri Police Station, Belagavi, for offences punishable under Section 420 read with Section 34 of IPC. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioners and the learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled due to the intervention of elders and well-wishers of both the parties. The parties have therefore filed an application seeking permission of this Court to compound the alleged offences for which the petitioners are charge sheeted. They accordingly pray to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 4. Submissions made on both the sides are placed on record. Petitioners and respondent No.2, who are present in person before the Court, are identified by their respective advocates. The parties, who are before this Court have stated that settlement arrived between the parties is voluntary, without there being any undue influence or coercion. Petitioners have been charge sheeted for compoundable offences. The petition filed under Section 359(2) read with Section 528 of BNS 2023, which is signed by the parties and their respective advocates, is taken on record. Respondent No.2 who is present in person has acknowledged receipt of Rs.11,00,000/- from the petitioners. The petition filed under Section 528 of BNS, 2023 is supported by the affidavit of the parties. In paragraph Nos.3 to 6 of the said petition dated 24.09.2025, it is stated as follows: “3. It is submit that the elders of the village and family well wishers have intervened and advised the parties to settle the matter. The Petitioners and the - 5 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 Respondent have arrived at settlement amicably in order to bring peace and harmony among the families. The village elders and the Petitioners and respondents have decided to bring peaceful end to the dispute to maintain good and cordial relationships between themselves. That the Complainant has agreed to settle the matter with the Petitioners. 4. That in terms of the settlement, the Petitioners have paid an amount of Rs.11,00,000/- (Rupees Eleven Lakhs). today and the Respondent has accepted the said amount of Rs.11,00,000/- (Rupees Eleven Lakhs). It is submitted that the Respondent No.2/Complainant further agrees that he will not claim any amount and precipitate the above matter and wish to put an end to the case. 5. The Respondent No.2/Complaint is hereby withdraw all the allegations against the Petitioners and submit no objection to compound the offence and further no objections to allow the above petition by quashing the entire criminal proceedings in C.C.No.468/2020 (Harugeri PS.Crime No.95/2019) on the file of the Addl. Civil Judge and JMFC, Raibag for the offences punishable under Section 420 R/w 34 of IPC. - 6 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 6. It is submitted that the Respondent No.2/Complaint has agreed to settle the matter without there being any pressure, force, threat or coercion by anybody and on his own volition free will and consent ready to compromise the matter and further both the parties have decided to live cordially in the village.” 5. Considering the nature of allegations found in the charge sheet against the petitioners, who have no criminal antecedents, and also taking into consideration that the petitioners who are residents of same village have decided to give quietus to the inter se dispute and live peacefully in future, I am of the opinion that the prayer made by the parties to permit them to compound the offences, for which petitioners are charge sheeted, needs to be granted. According, the following: ORDER i. Criminal Petition is allowed. The parties are permitted to compound the offences for which the petitioners have been charge sheeted. - 7 - HC-KAR NC: 2025:KHC-D:13182 CRL.P No. 103951 of 2025 ii. The entire proceedings in C.C.No.468 of 2020 pending before the Court of Additional Civil Judge & JMFC, Raibag, arising out of Crime No.95/2025 registered by Harugeri Police Station, Belagavi, for offences punishable under Section 420 read with Section 34 of IPC is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 76