- 1 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102017 OF 2025 C/W CRIMINAL PETITION NO. 102677 OF 2025 (482(CR.PC)/528(BNSS)) IN CRL.P. NO.102017 OF 2025: BETWEEN: 1. SMT. ANNAPURNA W/O SANGAPPA ALAGUR, AGE. 38 YEARS, OCC. GOVT. GAZETTED, R/O. HIPPARAGI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 2. BHIMASI S/O BEERAPPA PUJARI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. HIPPARAGI TOTAD VASTI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 3. SHIVAGOND S/O BEERAPPA PUJARI, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. HIPPARAGI TOTAD VASTI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 4. BALESH S/O SHIVAGOND PUJARI, AGE. 32 YEARS, OCC. STUDENT, R/O. HIPPARAGI TOTAD VASTI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 5. SMT. SATTYAVVA W/O SHIVAGOND PUJARI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. HIPPARAGI TOTAD VASTI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. … PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 AND: 1. STATE OF KARNATAKA, R/BY HIGH COURT STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH BANAHATTI P.S., TQ. RABKAVI-BANHATTI, DIST. BAGALKOT-587 311. 2. SANGAPPA S/O PARASAPPA ALAGUR, AGE. 46 YEARS, OCC. PROFESSOR, R/O. HIPPARAGI TOTAD VASTI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 311. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVRAJ S. BALLOLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE IMPUGNED COMPLAINT DATED 11.05.2025 AND THE CONSEQUENT FIR IN CRIME NO.0069/2025 REGISTERED BY THE BANAHATTI POLICE STATION AGAINST PETITIONERS (ACCUSED NOS.1 TO 5) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351 AND 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT, BANAHATTI, IN SO FAR AS IT PERTAINS TO PETITIONERS (ACCUSED NOS.1 TO 5), IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.102677 OF 2025: BETWEEN: 1. SHRI SANGAPPA S/O. PARASAPPA ALAGUR, AGE. 49 YEARS, OCC. GUEST LECTURER, R/O. HIPPARAGI TOTAD VASTI, TQ. RABAKAVI-BANAHATTI DIST. BAGALKOT-587 311. 2. SMT. SATTYAVVA W/O. PARASAPPA ALAGUR, AGE. 68 YEARS, OCC. HOUSEHOLD WORK, R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 311. - 3 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 3. SHRI PARASAPPA S/O. TAMMANNA ALAGUR, AGE. 70 YEARS, OCC. AGRICULTURE R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 4. SHRI MAHADEV S/O. TAMMANNA ALAGUR, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 311. 5. SHRI MUTTAVVA S/O. RAYAPPA PUJARI, AGE. 40 YEARS, OCC. HOUSEHOLD WORK, R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 311. … PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BANAHATTI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SMT. ANNAPURNA W/O. SANGAPPA ALAGUR, AGE. 38 YEARS, OCC. GOVERNMENT OFFICIAL, R/O. HIPPARAGI FARM HOUSE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 311. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. RAHUL S. KUNTOJI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE IMPUGNED PROCEEDINGS ARISING OUT CRIME NO.70/2025 BY THE BANAHATTI POLICE STATION FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 351 AND 190 OF BHARATIYA NYAYA SANHITA, 2023. THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. These two criminal petitions filed under Section 482 of the Cr.P.C. arise out of case and counter case between the same parties and therefore, with the consent of the learned counsels appearing on both sides, they are heard together and disposed of by this common order. 2. In respect of the alleged incident that had taken place on 22.04.2025, FIR in Crime No. 69/2025 was registered by Banahatti Police Station, for offences punishable under Section 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351 and 190 of Bharatiya Nyaya Sanhita, 2023, based on the first information dated 11.05.2025 received from Sangappa Parasappa Alagur. Accused nos.1 to 5 in Crime No.69 of 2025, are before this Court in Crl.P.No.102017 of 2025, with a prayer to quash the entire proceedings in the said case. - 5 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 3. In respect of the very same incident, that had taken place on 22.04.2025, FIR in Crime No.70 of 2025 was registered by Banahatti Police Station, Bagalkot, for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 352, 351 and 190 of Bharatiya Nyaya Sanhita, 2023, based on the first information dated 13.05.2024 received from Annapurna Sangappa Alagur, who is accused no.1 in Crime No.69 of 2025. Accused in Crime No.70 of 2025 are before this Court in Crl.P.No.102677 of 2025, with a prayer to quash the entire proceedings in Crime No.70 of 2025 as against them. 4. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 22.04.2025, there is a case and counter case registered by the very same police station in Crime No.69 of 2025 and Crime No.70 of 2025. The first information in both the cases were submitted belatedly. Investigation of the case is under progress. Allegations found in the first information would go to show that, in the alleged incident - 6 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 that had taken place on 22.04.2025, the parties had fought against each other and both parties have suffered certain injuries. 5. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried. 6. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145, has laid down certain procedures - 7 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL reported in (2003)9 SCC 426, and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments. 7. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA reported in ILR 2010 KAR 1719, has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors. - 8 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 8. So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute, in normal circumstances, the High Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaints prima facie show that necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in such event, the inherent power under Section 482 Cr.PC can be exercised by this Court. 9. In the case on hand, perusal of the averments made in the first information would go to show that there are sufficient material to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. I do - 9 - HC-KAR NC: 2025:KHC-D:11028 CRL.P No. 102017 of 2025 C/W CRL.P No. 102677 of 2025 not find any good ground to entertain these petitions. Accordingly, the following order is passed: ORDER The criminal petitions are dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 79