- 1 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101707 OF 2023 C/W CRIMINAL PETITION NO. 101911 OF 2023 CRIMINAL PETITION NO. 100304 OF 2024 IN CRL.P 101707/2023 BETWEEN: 1. P.K. PATIL, AGE 64 YEARS, OCC: RETIRED R/O. NAVANAGAR, DHARWAD - 580 008. 2. Y D AGASIMANI AGE 57 YEARS, OCC: RETIRED, R/O NEAR PTS SCHOOL, DHARWAD - 580 008. 3. H.Y. TURAI AGE 60 YEARS, OCC: RETIRED R/O. 1008, DEVIKA NILAYA, BEHIND VINAY COMPLEX, NEAR KADHI KENDRA, NITTUVALLI, DAVANGERE - 577 003. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 AND: 1. THE STATE OF KARNATAKA, MUNDARAGI P.S., REPRESENTED THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD. 2. NAZEERAHAMED S/O ANNISAB SHALGAR AGE 75 YEARS, OCC. AGRICULTURE AND SOCIAL SERVICE, R/O SHIRAHATTI VILLAGE, NOW AT RAJPUT ONI, BETAGERI DIST. GADAG - 582 101. …RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO SET ASIDE THE DATED 14.01.2022 PASSED BY I ADDL. CIVIL JUDGE AND JMFC, GADAG IN CC NO.230/2022 FOR THE OFFENCES PUNISHABLE U/S 384 AND SEC. 34 OF IPC WITH RESPECT TO ACCUSED NO.1 TO 3 VIDE ANNEXURE D. IN CRL.P 101911/2023 BETWEEN: 1. P.K. PATIL, AGE 64 YEARS, OCC: RETIRED R/O. NAVANAGAR, DHARWAD - 580 008. 2. Y D AGSIMANI AGE 57 YEARS, OCC: RETIRED, R/O NEAR PTS SCHOOL, DHARWAD - 580 008. 3. H.Y. TURAI AGE 60 YEARS, OCC: RETIRED R/O. 1008, DEVIKA NILAYA, BEHIND VINAY COMPLEX, NEAR KADHI KENDRA, NITTUVALLI, DAVANGERE - 577 003. - 3 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 4. SAVALGEPPA PHAKKIRAPPA ANGADI AGE 71 YEARS, OCC: RTIRED HC R/O. GADAG, RAJIVGANDHI NAGAR, GADAG DISTRICT - 583 231. 5. FAKRUDDIN ISMAILSAB KHAJI AGE 54 YEARS, OCC: HEAD CONSTABLE, GADAG RUEAL P.S., R/O. HULAKOTI, TQ. DIST. GADA - 583 231. 6. PARUSHARAM SHIVAPPA LAMANI AGE 42 YEARS, OCC: HEAD CONSTABLE, BETAGERI PS, SAMABAPUR, POLICE QUARTERS, T.B. BLOCK, GADAG - 583 231. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MUNDARAGI P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD - 580 008 2. NAZEERAHAMED S/O. ANNISAB SHALGAR AGE 75 YEARS, OCC: SOCIAL SERVICE, R/O. RAJAPUT ONI, BETAGERI VILLAGE, DIST. GADAG - 583 231. …RESPONDENTS (BY SRI. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO SET ASIDE THE DATED 14.01.2022 PASSED BY JMFC I GADAG IN CC NO.231/2022 FOR THE OFFENCES PUNISHABLE U/S 141, 142, 143, 323, 324, 341, 504, 506 AND 149 OF IPC WITH RESPECT TO ACCUSED NO.1 TO 5 AND 8. - 4 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 IN CRL.P NO. 100304/2024 BETWEEN: 1. SURESH S/O BASAVANNEPPA MASUTI AGE 70 YEARS, OCC. RETIRED R/O JAINAGAR, DHARWAD - 580 008 2. GURUSHANTAPPA K.V. AGE. 55 YEARS, OCC. ACP VIDHANASOUDA SECURITY, ROOM NO. 22, GROUND FLOOR, VIDHANASOUDHA, BANGALORE - 560 001 …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MUNDARAGI PS. REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD - 580 008. 2. NAZEERAHMED S/O ANNISAB SHALGAR AGE 75 YEARS, OCC. SOCIAL SERVICE R/O SHALGAR ONI, SHIRAHATTI VILLAGE, DIST. GADAG - 582 101. …RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE DATED 14.01.2022 PASSED BY I ADDL.CIVIL JUDGE AND JMFC, GADAG IN CC NO.231/2022 FOR THE OFFENCES PUNISHABLE U/S 141, 142, 143, 323, 324, 34, 504, 506 AND 149 OF IPC WITH RESPECT TO ACCUSED NO.16 AND 14 ARE CONCERN. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) De-facto complainant is present with the Advocate - Sri.S.B.Doddagoudar. Learned counsel for the petitioners is present. 2. Application is filed seeking compounding of the offence under Section 320 read with Section 482 of Cr.P.C. on the ground that the matter is amicably settled between the complainant and accused persons. 3. Perused the affidavit. 4. Though per se the offence alleged against the petitioners are not compoundable offences, taking note of the true settlement entered into between the parties and lis is privy to the parties, following the principles of law enunciated in the case of Ramgopal and another v. State of Madhya Pradesh reported in (2022) 14 SCC 531, application needs to be allowed as continuation of the criminal proceedings against the petitioners herein would result in futile exercise. - 6 - NC: 2025:KHC-D:2009 CRL.P No. 101707 of 2023 C/W CRL.P No. 101911 of 2023 CRL.P No. 100304 of 2024 5. Accordingly, following: ORDER i. I.A.No.1/2025 is allowed. Consequently, Criminal Petition is also allowed and pending proceedings insofar as present petitioners in CC No.230/2022, CC No.231/2022 stands closed, by exercising the special powers vested in this Court under Section 482 of Cr.P.C. by following the principles of law enunciated in the case of Ramgopal and another v. State of Madhya Pradesh supra. ii. Bail bond if any, stands discharged. Sd/- (V.SRISHANANDA) JUDGE KAV List No.: 19 Sl No.: 0 CT: BHK