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2025 DAILYLAW 62844 (KAR)

RUDRAMANI S/O. BASAVRAJ B K v. THE STATE OF KARNATAKA

CRL.P/102590/2025 · 2025-08-20

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10499 CRL.P No. 102590 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102590 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: RUDRAMANI S/O. BASAVRAJ B.K., AGE. 36 YEARS, OCC. PRIVATE JOB, R/AT. SHIRAGUPPI, NOW AT: HOSAPETE, DIST. BALLARI-583 121. … PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GADAG GEN CRIME POLICE STATION, GADAG, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. 2. LAXMAN S/O. GANGAPPA DOMBR, AGE. 24 YEARS, OCC. LABOURER, R/AT: ADARKATTI, TQ. LAXMESHWAR, DIST. GADAG-582 101. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HIRANKUMAR J. PATEL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER AS IN GADAG CEN CRIME POLICE STATION IN CRIME NO.0028/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 IPC, 1860 AND UNDER SECTION 66(D) OF I.T. ACT, 2008 PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT GADAG IN C.C. NO.2092/2022, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10499 CRL.P No. 102590 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel Sri Hiran Kumar J. Patel has filed vakalath on behalf of respondent no.2. The same is taken on record. 2. Petitioner is before this Court with a prayer to quash the entire proceedings against him in C.C.No.2092 of 2022 pending before the Court of I Additional Civil Judge and JMFC. Gadag, arising out of Crime No. 28 of 2022 registered by Gadag CEN Crime Police Station for offences punishable under Section 420 of IPC and Section 66(D) of Information Technology Act, 2008 against him. 3. Heard the learned counsel for the parties. 4. Learned counsel for the petitioner and learned counsel for respondent no.2 jointly submit that dispute between the parties has been amicably settled at the intervention of the well wishers and elders of the parties. The petitioner has agreed to pay a sum of Rs.92,000/- to respondent no.2 and respondent no.2 has agreed to receive the same and put an - 3 - HC-KAR NC: 2025:KHC-D:10499 CRL.P No. 102590 of 2025 end to the dispute between the parties. They submit that settlement between the parties is voluntary, without there being any undue influence and coercion. They also submit that parties have filed a joint memo with a prayer to permit them to compound the alleged offences. 5. The joint memo filed by the parties and the separate affidavit filed by respondent no.2 in support of the joint memo are taken on record. In paragraph nos.2 to 4 of the joint memo, which is signed by the parties and their respective advocates, it is stated as follows: 2) That, the respondent no: 2/ complainant had lodged the complaint against petitioner/accused before the Gadag CEN Crime Police Station in Crime No: 0028/2022 for the offence punishable U/sec 420 IPC, 1860 and U/sec 66(D) of IT, Act 2008 pending on the file of Hon'ble 1st Additional Civil Judge (Jr. Dn) and JMFC Court, At Gadag in C.C. No.2092/2022 the dispute as aroused between the petitioner and respondent no: 2 have compromised the matter amicably, that the petitioner had already paid sum of Rs.92,000/- to respondent no.2. Hence in view of the same the petitioner has filed this petition quashing of entire proceeding which is pending for consideration. - 4 - HC-KAR NC: 2025:KHC-D:10499 CRL.P No. 102590 of 2025 3) The petitioner and the respondent no. 2 at the intervention of the well wishers and the elderly members of both the side family members decided to put an end to the dispute between them and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will and wish, respondent no: 2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent no: 2 against the petitioner herein the above mentioned petition is filed. 4) The respondent no: 2 has agreed to close the proceedings as mentioned against the petitioners, the petitioners and respondent no:2/complainant also agreed to Give Up all their claims in respect of said cases as arouse in the dispute. Further it is submitted that since the dispute between the petitioners and the respondent no: 2 has been settled amicably and respondent no: 2 has agreed not to prosecute/contest the above-mentioned case against the petitioner/accused as he is not involved in the aforementioned crime. Hence it is just and necessary to permit the petitioner and the respondent no: 2 to compound the said case instead of subjecting the petitioner to face the trial. - 5 - HC-KAR NC: 2025:KHC-D:10499 CRL.P No. 102590 of 2025 6. The alleged offences are compoundable in nature. The parties who are present before the Court in person have been identified by their respective advocates. Respondent no.2 who is present in person before the Court admits that he has received a sum of Rs.92,000/- from the petitioner in cash. Under the circumstances, I am of the opinion that, it is necessary to permit the parties to compound the alleged offences and consequently, quashing the entire proceedings as prayed for in the petition. 7. Accordingly, criminal petition is allowed. The entire proceedings C.C.No.2092 of 2022 pending before the Court of I Additional Civil Judge and JMFC. Gadag, arising out of Crime No. 28 of 2022 registered by Gadag CEN Crime Police Station for offences punishable under Section 420 of IPC and Section 66(D) of Information Technology Act, 2008 is quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 11