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2025 DAILYLAW 6541 (KAR)

VINAY LAXMAN CHOUGULE v. THE STATE OF KARNATAKA

CRL.P/102407/2025 · 2025-06-26

Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102407 OF 2025 (482 OF Cr.PC/528 OF BNSS) C/W CRIMINAL PETITION NO.102199 OF 2024 IN CRL.P.NO.102407 OF 2025 BETWEEN: 1. VINAY LAXMAN CHOUGULE, AGE ABOUT 34 YEARS, OCC: BUSINESS. 2. AMAR BHARAMA NAGARALE, (SHOWN AS CHOUGULE), AGED ABOUT 40 YEARS, OCC: ADVOCATE. 3. LAXMAN BHARAMA CHOUGULE, AGED ABOUT 68 YEARS, OCC: ADVOCATE, ALL ARE RESIDING AT SATISH NILAYA, JALAPUR ROAD, RAIBAG-591317, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SHRI RAJASHEKHAR BURJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY RAIBAG POLICE STATION, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 RAIBAG-591317, TQ. RAIBAG, DIST. BELAGAVI, REP. BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. APPASAB ADIVEPPA GHENANI, AGED ABOUT 51 YEARS, OCC: AGRICULTURE, R/O. HALLUR HARI TOTA, RAIBAG-591317, TQ. RAIBAG, DIST. BELAGAVI. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1; SHRI ABHINANDAN M. GUNDAWADE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) SEEKING TO ALLOW THE CRIMINAL PETITION AND QUASH THE IMPUGNED PROCEEDINGS INITIATED BY THE RESPONDENT NO.2 IN C.C.NO.1007/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG AGAINST THE PETITIONERS/ACCUSED NO.1 TO 3 FOR THE OFFENCE PUNISHABLE SECTIONS 324 AND 504 READ WITH 34 OF INDIAN PENAL CODE, 1860 IN PURSUANCE OF FIR (CRIME NO.249/2018) REGISTERED BEFORE THE RAIBAG POLICE STATION, RAIBAG TQ. RAIBAG DIST. BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO.102199 OF 2024 BETWEEN: 1. PUNDALIK SHANKAR PUJERI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. MEKHALI, TQ. RAIBAG, DIST. BELAGAVI-590001. - 3 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 2. ASHOK BEERAPPA PUJERI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. MEKHALI, TQ. RAIBAG, DIST. BELAGAVI-590001. …PETITIONERS (BY SHRI ABHINANDAN M. GUNDAWADE, ADV.) AND: 1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580001, THROUGH RAIBAG P.S. 2. LAXMAN BHARMAPPA CHOUGULE, AGE: YEARS, OCC: ADVOCATE, R/O. JALAPUR ROAD, RAIBAG, DIST. BELAGAVI-590001. …RESPONDENTS (BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1; SHRI RAJASHEKHAR BURJI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.4 AND 5 IN C.C.NO.923/2017 (CR.NO.343/2016 THROUGH RAIBAG P.S.) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, RAIBAG, FOR THE ALLEGED OFFENCES UNDER SECTIONS 143, 147, 148, 448, 427, 504, 506 R/W.149 OF INDIAN PENAL CODE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 COMMON ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Criminal Petition No.102407/2025 petition has been filed by the petitioners – accused Nos.1 to 3 to quash the entire proceedings in C.C.No.1007/2018 pending on the file of the Principal Civil Judge and JMFC, Raibag (“the Trial Court for short) registered against them for the offences punishable under Section 324 and 504 read with Section 34 of Indian Penal Code (“IPC” for short), whereas Criminal Petition No.102199/2024 has been filed by the petitioner – accused Nos.4 and 5, to quash the proceedings initiated against them in C.C.No.923/2017 pending before the Trial Court, registered for the offences punishable under Sections 143, 147, 148, 448, 427, 504, 506 read with Section 149 of IPC. Since both cases arise out of a case and counter-case, they are disposed of by this common order. 2. The petitioners and de-facto complainant in both criminal petitions are present before the Court. - 5 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 3. The counsels for the petitioners, learned High Court Government Pleader and learned counsel for de-facto complainant are also present in both the criminal petitions. 4. Both the criminal petitions, common compromise petition has been filed under Section 320 of the Criminal Procedure Code, 1973 (“Cr.P.C.” for short) [Under Section 359 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short)], seeking to quash the entire proceedings in C.C.No.1007/2018 and in C.C.No.923/2017 pending before the Trial Court. 5. The common compromise petition filed by the petitioners and de-facto complainants in both the criminal petitions is duly signed by them and their respectively counsels. 6. The contents of the common compromise petition filed in both the criminal petitions reads as under: “Herein the petitioners and the respondents most respectfully file this compromise petition as under: - 6 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 1. That, the petitioners in Crl.P.No. 102199/2024, filed the present petition for quashing of the proceedings against them in C.C.No.923/2017, on the file of Principal Civil Judge and JMFC Court, Raibag, for the alleged offences U/sec. 143, 147, 148, 448, 427, 504, 506 R/w. section 149 of IPC. 2. That, the petitioners in Crl.P.No.102407/2025, filed the petitioner for quashing of the proceedings against them in C.C.No.1007/2018 on the file of Principal Civil Judge and JMFC, Raibag, for the offence punishable section 324, 504 read 34 of Indian Penal Code, 1860, in pursuance of FIR (Crime No.249/2018). 3. That, by the intervention of the elderly members of the family as well as the locality the matter and the dispute between the petitioners and the respondents in both the petitions have been settled amicably and intending to close the matter. 4. That, the petitioners and respondents agreed to close the matter and the dispute among themselves unconditionally. They do not have any objection to allow the both the petitions filed against each other. 5. That the parties to both the petitions have also agreed to withdraw all the allegations made against each other and intending to withdraw the criminal cases filed against each other. 6. The amicable settlement among the parties for the welfare and to avoid unwanted complications against - 7 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 each other and to maintain good relationship among themselves. 7. In order to come to settlement there is no any kind of force, undue influence, but by own wish and will. They don't want or not intending to proceed further with the case filed against each other. 8. Hence it is most respectfully prayed that, the Hon'ble Court be pleased to allow both the petitions by quashing proceedings filed against the petitioners. Hence, the Hon'ble Court kindly be pleased to allow present both petitions by allowing the present application by quashing the proceedings as prayed in petition in the interest of justice.” 7. In view of the settlement arrived at between the parties in both the criminal petitions, it is considered unnecessary to prolong the proceedings. Taking into account the facts and circumstances of the cases, this Court is of the opinion that the compromise entered into by the parties in both the criminal petitions deserves to be accepted. Accordingly, the entire proceedings in C.C.No.1007/2018 and proceedings insofar as petitioners – accused Nos.4 and 5 in C.C.No.923/2017 pending before the Trial Court, are liable to - 8 - HC-KAR NC: 2025:KHC-D:8073 CRL.P No. 102407 of 2025 C/W CRL.P No. 102199 of 2024 be quashed. Therefore, this Court proceed to pass the following order: ORDER (i) The common compromise petition filed under Section 320 of Cr.P.C. (Under Section 359 of BNSS, 2023) in both the criminal petitions by parties is accepted. (ii) The both the criminal petitions filed under Section 482 of Cr.P.C. are here by allowed. (iii) The entire proceedings initiated against the petitioners in C.C.No.1007/2018 and proceedings initiated against the petitioners – accused No.4 and 5 are concerned in No.923/2017 both pending on the file of learned Principal Civil Judge and JMFC, Raibagh are hereby quashed. It is hereby ordered that the offences punishable under Sections 324 and 504 in C.C.No.1007/2018 and Sections 143, 147, 148, 448, 427, 504, 506 read with Section 149 of IPC in C.C.No.923/2017, stand compounded in view of the settlement arrived at between the parties in both the criminal petitions. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 14