- 1 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102996 OF 2023 C/w. CRIMINAL PETITION NO. 101614 OF 2023 (482(CR.PC)/528(BNSS)) IN CRL.P. NO.102996 OF 2023: BETWEEN: SHIVAJA K., AGE. 30 YEARS, OCC. GOVT. OFFICIAL NON-GAZETTE, R/O. SONNA VILLAGE, H.B. HALLI TALUKA, DIST. VIJAYNAGAR-583 212. … PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITTAGI P.S. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. ARUN KUMAR S. S/O LATE SHARANAPPA, AGE. 33 YEARS, OCC. BANK EMPLOYEE, R/O. C/O KARNATAKA GRAMINA BANK, MORIGERI VILLAGE, TQ. H.B. HALLI, DIST . VIJAYNAGAR-583 212. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHUBHENDU A. AKALWADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.146/2022 REGISTERED BY ITTAGI P.S. PENDING BEFORE CIVIL JUDGE AND JMFC COURT HAGARIBOMMANAHALLI BALLARI IN C.C. NO.116/2023 FOR ALLEGED OFFENCES UNDER SECTIONS 114, 323, 342, 353, 504 AND 506 R/W SECTION 34 OF IPC, INSOFAR AS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 PETITIONER/ACCUSED NO.1 HEREIN CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. P. NO.101614 OF 2023: BETWEEN: 1. PUJAR KOTRESH S/O. DEVAPPA, AGE. 31 YEARS, OCC. AGRICULTURE, 2. HANUMESH S/O. DEVAPPA, AGE. 29 YEARS, OCC. AGRICULTURE, BOTH ARE R/O. MORIGERI VILLAGE, TQ. H.B. HALLI, DIST. VIJAYANAGAR-591 222. … PETITIONERS (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITTAGI P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. ARUN KUMAR S. S/O. LATE SHARANAPPA, AGE. 33 YEARS, OCC. BANK EMPLOYEE, R/O. C/O. KARNATAKA GRAMINA BANK, MORIGERI VILLAGE, TQ. H.B. HALLI, DIST. VIJAYANAGAR-591 222. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHUBHENDU A. AKALWADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN ITTAGI P.S. CRIME NO.146/2022 FOR ALLEGED OFFENCES UNDER SECTION 114, 323, 342, 353, 504 AND 506 R/W SECTION 34 OF IPC, PENDING BEFORE PRL. CIVIL JUDGE AND JMFC H.B. HALLI VIDE ANNEXURE-D IN SO FOR AS PETITIONERS HEREIN CONCERNED, AS NULL AND VOID IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 in C.C. No.116 of 2023 pending before the Court of Civil Judge and JMFC Hagaribommanahalli, Ballari District, arising out of Crime No.146 of 2022 registered by Ittigi Police Station, Ballari for the offences punishable under Section 114, 323, 342, 353, 504 and 506 read with Section 34 of the IPC, are before this Court in these two petitions filed under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case as against them. 2. Learned counsels for the parties jointly submit that the dispute between the parties has been amicably settled during the pendency of these petitions, at the intervention of the elders and well-wishers of both the parties. 3. Pendency of this criminal case has been causing hardship to the parties and they are not in a position to live - 4 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 a normal life. It is under these circumstances they have decided to give quietus to the dispute and therefore arrived at a settlement, which is voluntary without there being any undue influence and coercion. 4. The parties who are before the Court in person have been identified by their respective advocates. 5. The memorandum of petition filed under Section 320 read with Section 482 of the Cr.P.C. is taken on record. The same is also supported by the affidavit of the parties. 6. In paragraph Nos.2 to 4 of the compromise petition, it is stated as follows: “2) Further submitted that after the registration of the complaint the charge sheet has been filed and the same has been challenged before this Hon'ble court by the accused No. 1 and after issuance of the notice the complainants family and accused family and also on the advice of the counsel respective parties the accused persons and the complaint and respondent No. 2 had come to the conclusion for amicable settlements to maintain the peace and harmony and to continue good cordial relationship between accused and complainant - 5 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 family and also to settle the dispute once for all. Hence the same may kindly be accept the compromise petition and quash the entire proceedings including complaint FIR and charge sheet in the interest of justice. 3) It is further submitted that the petitioner/accused No.1 and also the complainant are presently good in relationship and the petitioner is regularly going to the respondent bank and further by the advice of the elders the said complaint has been registered now to maintain good relation between accused person and complainant also good harmony in the society hence the petitioner request this Hon'ble court to allow the compromise petition and permit to compound the offences. 4) It is further submitted that the petitioners and respondents states that if the compromise petition is allowed there is no hardship nor injustice causes to other side. The contents of the entire compromise petition was read over and explained me in my vernacular language and contents were understood and the present compromise petition and the above compromise petition is filed wilfully without any force nor any undue advantage nor it is not violates the rights of the parties. And the above compromise petition explained in detail and we had gone through the same and they are correct to the best of our knowledge.” - 6 - HC-KAR NC: 2025:KHC-D:12370 CRL.P No. 102996 of 2023 C/W CRL.P No. 101614 of 2023 7. The parties who are present before this Court have stated that the settlement between the parties is voluntary, without there being any undue influence and coercion. The alleged offences are all compoundable in nature. Under the circumstances, I am of the opinion that the prayer made by the petitioners in these two petitions needs to be granted. Accordingly, the following: ORDER (i) The criminal petitions are allowed. (ii) The entire proceedings in C.C. No.116 of 2023 pending before the Court of Civil Judge and JMFC Hagaribommanahalli, Ballari District, arising out of Crime No.146 of 2022 registered by Ittigi Police Station, Ballari for the offences punishable under Section 114, 323, 342, 353, 504 and 506 read with Section 34 of the IPC stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 60