- 1 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102965 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: SHRI. RAMESH S/O. VEERANAYAK NAYAKA AGE: 37 YEARS, OCC: SCHOOL TEACHER, R/O. K.M.ROAD, SAKRAYAPATNA, TQ: KADUR, DIST: CHIKKAMAGALURU NOW AT R/O: BASAVESWARA NAGAR C BLOCK HAVERI, TQ. & DIST.HAVERI-581109. …PETITIONER (BY SRI. SADYOJAT R. BALIGATTIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BANKAPUR PS, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SMT. REKHA RANOJI, AGE: 36 YEARS, OCC: TEACHER, R/O: BANKAPUR,TQ: SHIGGAON, DIST: HAVERI PIN -581109. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. P. VADIRAJ, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.76/2025 DATED 19.05.2025 BANKAPUR P.S. REGISTERED FOR THE OFFENCE PUNISHABLE U/S 309(4) OF BNS 2023 ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, SHIGGAON, HAVERI RESPECTIVELY WITH RESPECT TO PETITIONER HEREIN I.E. ACCUSED. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This petition under Section 482 of Cr.P.C, read with Section 528 of the BNSS 2023 is filed by the accused with a prayer to quash the entire proceedings in Crime No.76/2025 registered by Bankapura Police Station, Haveri District for offence punishable under Section 309(4) of BNSS, 2023, pending on the file of the Principal Civil Judge (jr.Dn) & JMFC Court, Shiggoan, Haveri District, 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 petitioner and respondent no.2 are working as teachers in the same institution. FIR has been wrongly registered against the petitioner since in the first information by mistake the bike number of the petitioner was mentioned. The dispute between the parties has been amicably settled and they intend to give a - 3 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 quietus to the matter and live peacefully. They submit that the parties have filed an application under Section 320 of Cr.P.C, read with 359 of BNSS, 2023 seeking permission of this Court to compound the alleged offences. Accordingly, they pray to allow the petition. 4. Per contra, learned HCGP brings to the notice of this Court that the alleged offences are non-compoundable. FIR in the present case is registered against the driver of the motorbike bearing registration No.KA-18-U-7449. The allegation in the first information is that on 19.05.2025 at about 03.45 p.m. the driver of the motorbike bearing registration No.KA-18-U-7449 intercepted the motorbike in which the first informant was travelling with her husband and had snatched the gold chain from her neck and had escaped. It is under these circumstances, FIR was registered in Crime No.76/2025. The petitioner, who is the owner of the aforesaid bike bearing registration No.KA-18-U-7449 and the first informant are before this Court. It is stated by their learned advocates that petitioner and the first informant are working as teachers in the same institution and by mistake the bike - 4 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 number of the petitioner has been mentioned in the first information. The parties have filed an application seeking permission of this Court to compound the alleged offence and the said application is supported by the affidavit of the parties. 5. The submissions made on both sides and the application which is supported by the affidavit of the parties are taken on record. 6. The parties who are present before the Court are identified by their respective advocates. In the affidavit of the first informant filed in support of the application, in paragraph nos. 3 to 5, it is stated as follows: “3. It is respectfully submitted that the FIR has been wrongly registered against the owner of the motorcycle bearing registration No.KA-18-U-7449. The petitioner is the rightful registered owner of the said vehicle. I have realized the mistake committed and now wish to amicably settle the dispute, out of my own free will, without any pressure, coercion, or undue influence from any person. 4. It is submitted that I do not wish to pursue the said case any further and have no objection if the said criminal case is quashed or the accused is acquitted/discharged by this Hon’ble Court. - 5 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 5. Now in view of compromise I have no objection to quash and compound the present case against the petitioner / accused”. 7. The Hon'ble Supreme Court in the case of Ramgopal and another vs. State of Madya Pradesh – AIR 2022 (14) SCC 531 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C, the High Court in excise of its powers under Section 482 of Cr.P.C, can quash the criminal proceedings initiated for non compoundable offences depending upon the nature, gravity of the offences and also the nature of settlement between the parties. 8. In the case on hand, the parties are teachers who are working in the same institution and they intend to put an end to the dispute, which has arisen because of mentioning the wrong registration number of the vehicle. Under the circumstances, I am of the opinion that it is a fit case, where this Court needs to exercise its inherent powers under Section 482 of Cr.P.C, for the purpose of securing the ends of justice. 9. Accordingly, the following :- - 6 - HC-KAR NC: 2025:KHC-D:9984 CRL.P No. 102965 of 2025 ORDER (i) Criminal Petition is allowed (ii) The entire proceedings in Crime No.76/2025 registered by Bankapura Police Station, Haveri District for offence punishable under Section 309(4) of BNSS, 2023, pending on the file of the Principal Civil Judge (jr.Dn) & JMFC Court, Shiggoan, Haveri District is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:ANB