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2025 DAILYLAW 64880 (KAR)

SRI SHANKAR NARAYAN AMASHI v. STATE OF KARNATAKA

CRL.P/103945/2025 · 2025-11-12

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103945 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO.100105 OF 2022 IN CRIMINAL PETITION NO.103945 OF 2025 BETWEEN: SRI. SHANKAR NARAYAN AMASHI, AGE. 37 YEARS, OCC. SERVICE, R/O. PLOT NO.253, BUDA SCHEME NO.71, SAYADRI NAGAR, TQ. DIST. BELAGAVI-590001. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY APMC YARD POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. KAIS RAZAK NOORANI, AGE. 40 YEARS, OCC. BUSINESS, R/O. PLOT NO.32, JADHAV NAGAR, BELAGAVI, TQ. DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; Dr. S. B. SHAIKH, ADVOCATE AND SRI. M. L. VANTI, ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ORDER DATED 23/06/2018 IN C.C. NO.491/2018 PASSED BY THE JMFC-IV COURT BELAGAVI THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTION 384 R/W 34 OF IPC IN CRIME 339/2017 REGISTERED AT APMC YARD POLICE STATION BELAGAVI, HAS PRESENTED THE PRESENT PETITION AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRIMINAL PETITION NO.100105 OF 2022 BETWEEN: SHRI. SHRINIVAS S/O. M. RAO, AGE. 39 YEARS, OCC. BUSINESS, R/O. PLOT NO.71, R.S NO.227/2, SAYADRI NAGAR, BELAGAVI-590001. …PETITIONER (BY SRI. NITIN R.BOLABANDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY SPP HIGH COURT OF KARNATAKA, DHARWAD, THROUGH APMC POLICE STATION, BELAGAVI-590001. 2. QAIS S/O. RAZAK NOORANI (BHAVNAGARI), AGE. 38 YEARS, OCC. BUSINESS, R/O. PLOT NO.32, JADHAV NAGAR, TQ. AND DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. M.L. VANTI, ADVOCATE FOR R2 (VK FILED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, QUASH THE ORDER DATED 23.06.2018 PASSED BY IVTH JMFC COURT, BELAGAVI IN CC NO.491/2018 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS, FOR THE OFFENCES PUNISHABLE UNDER SECTION 384 R/W SECTION 34 OF IPC, PENDING BEFORE THE IVTH JMFC COURT, BELAGAVI, IN SO FAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022 THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Sri M.L. Vanti, learned counsel, has filed vakalat for respondent No.2 in both the petitions, which is taken on record. 2. The learned counsels for the respective parties have filed application under Section 482 read with Section 320 of the Criminal Procedure Code (for short, ‘the Cr.P.C’). 3. The averments of the affidavit of respondent No.2 accompanying the application are as follows: “2. The petitioners challenging order dated 23/06/2018 in C.C.No.491/2018 passed by the JMFC-IV court Belagavi Thereby taking cognizance for the offences punishable under section 384 R/W 34 IPC in Crime 339/2017 registered at APMC Yard Police Station Belagavi. as against the petitioner/accused and allow the above Criminal Petition. The averments made in the petition may be read as part & parcel of the above affidavit. - 4 - HC-KAR NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022 3. I submit that at the intervention of elders & well wishers the dispute has been resolved. We have agreed to withdraw the allegations made against each other and consented for quashing of all the complaints pending between us. 4. I have no objection to quash the above proceedings as against the petitioner and accused no-1. 5. I submit that petitioner have agreed to withdraw the complaint filed against me in crime no.54/2023 of Belagavi APMC. 6. I submit that we have entered in to the above compromise without any coercion and undue influence.” 4. Having considered the averments made in the affidavit accompanying the application, there is no embargo on this Court to record the settlement. 5. Accordingly, I proceed to pass the following: ORDER. i) Both the petitions are allowed in terms of the settlement. - 5 - HC-KAR NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022 ii) The entire proceedings in C.C.No.491/2018 pending on the file of JMFC-IV Court, Belagavi, is hereby quashed. iii) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE AC/CT: UMD List No.: 1 Sl No.: 26