- 1 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102579 OF 2022 (482 OF Cr.PC/528 OF BNSS) BETWEEN: PARUSHARAM @ PARSU NAIK S/O. SHEKAR NAIK, AGE: 38 YEARS, OCC: POLICE CONSTABLE, TRAFFIC POLICE STATION, HOSAPETE, R/O. ANEKAL TANDA VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAY NAGAR DISTRICT-583212. …PETITIONER (BY SHRI K. L. PATIL AND SHRI B. G. INDI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH HAGARI BOMMANAHALLI POLICE STATION, H. B. HALLI, NOW REP. BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. PANDU NAIK L. R. S/O. RAMA NAIK L. R., AGE: 43 YEARS, OCC: MEMBER OF GRAM PANCHAYAT OF ANEKALLU, R/O. ANEKALLU THANDA, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR-583212. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI RAJENDRA R. PATIL, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE COMPLAINT AND FIR REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 115 R/W. 302 OF IPC IN CRIME NO.76/2022 IN HAGARI BAMMANAHALLI POLICE STATION AS AGAINST THE PRESENT PETITIONER/ACCUSED NO.1 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner – accused No.1 and respondent No.2 – defacto complainant are personally present before the Court. 2. Sri K.L.Patil and Sri B.G.Indi, learned counsels for petitioner, Sri Rajendra R. Patil, learned counsel for respondent No.2 – complainant are present. 3. Smt.Kirtilata Patil, learned High Court Government Pleader for respondent No.1 – State is also present. 4. Heard learned counsel for petitioner, learned High Court Government Pleader and learned counsel for respondent No.2. 5. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) seeking to quash the entire proceedings initiated against him in Crime No.76/2022 of Hagari Bommanahalli - 3 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 Police Station for the offences punishable under Section 115 and 302 of IPC. 6. The brief facts of the prosecution case are as under : On 26.05.2022 at about 6:45 p.m., the defacto complainant lodged a complaint with respondent No.1 – Police making imaginary allegations, though no such activities were taken place. Hence, the respondent – Police registered a case in Crime No.76/2022 of Hagari Bommanahalli Police Station for the offences punishable under Sections 115 and 302 of IPC. This led to registration of FIR and investigation. Taking exception to the same, the petitioner has filed this petition contending that the incident did not occur and that the complaint is based solely on imaginary facts, no such activities ever took place. The complaint in its present form, it is clear case of abuse of process of law. Without happening of any such incident with an intention to harass the petitioner, this complaint was filed. - 4 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 7. Now the petitioner and respondent No.2 are present before the Court and submit that, the dispute has been resolved between them. Accordingly both the parries have filed a compromise petition duly signed by them under Section 320 (2) read with Section 482 of Cr.P.C. The contents of compromise petition are as under: “The Petitioner/Accused and Respondent No.2/Complainant respectfully submits as under: 1. That, the Petitioner has filed the above criminal petition for quashing of FIR and Complainant registered in Hagari-Bommanahalli police station Crime No.76/2022 for the offence punishable Under Section 115 R/w. 302 of IPC on the file of Addl. Civil Judge (Sr.Dn) & CJM Court, Hagari Bommanahalli. 2. It was the case of the Prosecution as per the Complaint lodged by the Complainant/Respondent No.2. Pandu Naik S/o. Rama Naik of Anekal Tanda in Hagari- Bommanahalli Taluk. It is alleged in the complaint that, the Complainant had contested the Gram Panchayat election during December 2020 against brother of the Petitioner and got elected as Panchayat member. Thereafter, this Petitioner had vengeance against the Complainant and was quarreling with the Complainant along with his followers, and this was informed to the elders by the Complainant and the elders advised the Petitioner several times not to do such acts. - 5 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 3. It is further alleged in the complaint that, mother of the Petitioner Smt. Yamunibai had contested in the election of the Primary Co-Operative Credit Society, Anekal and she was defeated in the said election. Because of both the defeats in the elections, the Petitioner in order to wreck vengeance since 3 months along with his followers the Petitioner was trying to kill him, but the Complainant without making any quarrel informed the same to the elders of the Village and advised twice to the Petitioner, in-spite of which the Petitioner was asserting that he will not leave him and take his life one day, and about 15 days before when he came to their village he told this fact to the relative of the Complainant one Suresh Naik, and Suresh Naik in turn informed the Complainant and in turn the elders specified saying that they will advise the Petitioner. 4. It is further alleged in the complaint that, 3 days before to this, the Petitioner had given 'Supari' to his Villager Ravi Naik who is residing in Bangalore assuring him to pay Rs. 10,00,000/- cash and get one house constructed for him in his village, in turn Ravi Naik advised the Petitioner over phone not to do such things and that the Petitioner is committing fault being employed in Police Department and doing such things amounts to offence, and in-spite of that, the Petitioner did not listen to him and told that, he will not leave the Complainant on one or the other day giving supari to some other persons. This fact was informed to the Complainant by said Ravi Naik and further stated that the telephone conversation was recorded in his telephone. - 6 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 5. It is further alleged in the complaint that, the Complainant informed these facts to the elders and the elders in turn told that they will convene a Panchayat, they will settle and advise the Petitioner and asked Ravi Naik to come to that Panchayat but Ravi Naik told them that, Petitioners and his associates forcibly prevented him coming from Bengaluru and threatened him and as such he is not coming to the Panchayat. 6. It is further alleged in the complaint that, the Panchayatadars (Elders) informed the Petitioner over telephone to come for the Panchayat for which the Petitioner is alleged to have said that he is not ready to come to any Panchayat and they cannot do anything to him and he knows Superintendent of Police & Inspector General of Police in the Police Department and told that he will see what they will do and so alleging, the Complainant stated that there is life threat to himself and his family members and so he is constrained to file this complaint after delay. And requested the Police to take suitable action against the Accused/Petitioner and sought for protection to him. 7. Based on the above complaint the Hagari- Bommanahalli Police authorities registered a case in their P.S. Crime No. 72/2022 for the offence punishable Under Section 115 R/w. Section 302 IPC. And the investigation in the above crime is stayed by this Hon'ble Court. 8. At the intervention of elders and to keep harmony in the society both the parties agreed to amicably settle the dispute between them as per the following terms. - 7 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 i. That, the Respondent No.2/Complainant agrees to withdraw the allegations made in the complaint which was lodged by him on misunderstanding against the Petitioner/Accused. ii. The Respondent No. 2 has no objection to compound, allow the present petition and to quash the FIR and Complaint registered in Hagari-Bommanahalli Police Station Crime No.76/2022 for the offence punishable under Section 115 R/w. Section 302 of IPC on the file of the learned Addl. Civil Judge (Sr.Dn) and CJM Court, Hagari-Bommanahalli. Wherefore, it is respectfully prayed that, this Hon'ble Court may kindly be pleased to compound the offence punishable Under Section registered for offence punishable under Section 115 R/w. Section 302 of IPC and thereby quash the FIR and Complaint registered in Hagari-Bommanahalli Police Station Crime No. 76/2022, in the interest of justice. 8. Perused the material available on record. The complainant having agreed to withdraw the allegations i.e., the complaint registered against the petitioner, since, he has compromised the dispute with the accused, it will be a futile exercise, if the petitioner – accused is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement arrived at between the parties. Hence, the continuation of the criminal proceedings will be - 8 - HC-KAR NC: 2025:KHC-D:8578 CRL.P No. 102579 of 2022 an abuse of process of law. Accordingly, this Court pass the following : ORDER (i) The compromise petition filed under Section 320 (2) read with Section 482 of Cr.P.C. is hereby accepted. (ii) The criminal petition filed by the petitioners under Section 482 of Cr.P.C. is hereby allowed. (iii) The criminal proceedings initiated against the petitioner in Crime No.76/2022 of Hagari Bommanahalli Police Station for the offences punishable under Section 115 and 302 of IPC are hereby quashed. In view of disposal of this criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 2 Sl No.: 4