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2025 DAILYLAW 7228 (KAR)

MAHESHAPPA S/O BASAVANTAPPA HOSAMANI v. THE STATE OF KARNATAKA

CRL.P/103419/2022 · 2025-03-07

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:4444 CRL.P No. 103419 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103419 OF 2022 BETWEEN: 1. MAHESHAPPA S/O. BASAVANTAPPA HOSAMANI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: HOSALLI VILLAGE, TQ: SAVANUR, DIST: HAVERI – 581 118. 2. KUSUMA W/O. SOMASHEKHAR IPPIYAVAR, AGE: 27 YEARS, OCC: COOLIE, R/O: HOSALLI VILLAGE, TQ: SAVANUR, DIST: HAVERI – 581 118. …PETITIONERS (BY SRI SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY DY S.P. SHIGGAON, SUB-DIVISION, DIST: HAVERI, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. 2. SOMASHEKHAR S/O. BASAVANEPPA IPPIYAVAR, AGE: 39 YEARS, OCC: COOLIE, R/O: HOSALLI VILLAGE, TQ: SAVANUR, DIST: HAVERI – 581 118. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SMT. AMREEN H.S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., (528(BNSS)) SEEKING TO, QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED IN SAVANUR PS CRIME NO. 222/2021 AND ALL CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ ACCUSED NO. 1 AND 2 PENDING ON THE FILE OF THE FIRST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI IN SPL SC/SJ NO. 30/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 323,307,504,506 READ WITH SECTION 34 OF IPC 1860 AND UNDER SECTION 3(1) (r) 3(2) (va) OF THE SC AND ST (PREVENTION OF ATROCITIES) ACT AND ETC., THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4444 CRL.P No. 103419 of 2022 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C seeking quashing of the complaint and FIR registered in Crime No.222/2021 of Savanur Police Station and proceedings in Special SC/ST No.30/2022 pending on the file of the I Additional District and Sessions Judge and Special Judge, Haveri. 2. The respondent No.2 has filed a private complaint against the petitioners and it came to be registered in PC No.1/2021 on the file of I Additional District and Sessions Judge Haveri. The said complaint came to be referred to the Police for investigation under Section 156(3) of Cr.P.C by order dated 18.10.2021. Thereafter, the learned counsel for the complainant filed a memo on 20.01.2022, not pressing the said complaint, on the ground that the complaint and accused No.2 are the husband and wife, and now they are residing together and - 3 - NC: 2025:KHC-D:4444 CRL.P No. 103419 of 2022 settled the matter. The learned I Additional District and Sessions Judge intimated the said memo, not pressing the complaint to the Investigating Officer. The intimation has been issued to the Investigating Officer. Inspite of the said intimation, the Investigation Officer has continued the investigation and filed a chargesheet against the accused for the offence punishable under Sections 323, 307, 504, 506 r/w. Section 34 of IPC and Sections 3(1)(r), 3(2)(va) of the SC and ST (Prevention of Atrocities) Act, 1989 and a case has been registered against the petitioners in Special SC/ST No.30/2022, and it is pending on the file of the I Additional District and Sessions Judge and Special Judge, Haveri. 3. The petitioner Nos.1 and 2 and respondent No.2 are present. The learned counsels for the petitioners and the respondent No.2 are present. Joint memo is filed and it is duly signed by petitioner Nos.1, 2 and respondent No.2 and their respective counsels. - 4 - NC: 2025:KHC-D:4444 CRL.P No. 103419 of 2022 4. In the said joint memo, it is stated that there is a settlement of the dispute between the parties. The said joint memo is enclosed with an affidavit of petitioner Nos.1 and 2 and respondent No.2. The petitioner No.2 is the wife of the respondent No.2. The petitioner No.2 and respondent No.2 submit that they are residing together in a Hosalli village. Respondent No.2 submits that, he has no objections to quash the proceedings against the petitioners. 5. In view of the settlement, the proceedings against the petitioners in Special SC/ST No.30/2022 pending on the file of the I Additional District and Sessions Judge and Special Judge, Haveri are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 9