- 1 - NC: 2025:KHC-D:1521 CRL.P No. 102507 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102507 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SURENDRA KUMAR S/O. K. AJITH KUMAR, AGED ABOUT 50 YEARS, R/O. HOUSE NO.298, JANATHA PLOT, HAMPI, HOSAPETE, VIJAYANAGARA DISTRICT-560040. …PETITIONER (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HAMPI TOURISM PS., R/BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SMT. LAKSHMI DUCLOS W/O. JOHN DUCLOS AGE: 40 YEARS, R/O. 4TH WARD, KADDI RAMPURA THANDA, HOSAPETE, VIJAYANAGAR DISTRICT-560040. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SMT. SHAILA BEELIKATTI, ADVOCATE FOR 2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC. SEEKING TO, QUASH COMPLAINT FIR CHARGE SHEET IN SPL CASE NO.530/2023 FOR THE OFFENCES MADE PENAL UNDER SECTION 3(2) (V-A), 3(1) (R)(S) OF SC AND ST (POA) ACT 1989 AND SECTION 506,504,420,323,354,406 OF IPC BY THE HAMPI TOURSIM PS HAMPI CIRCLE VIJAYANAGAR DISTRICT AND ALL FURTHER PROCEEDINGS ON THE FILE OF THE IST ADDL DIST AND SESSIONS JUDGE, BALLARI, IN SO FAR AS PETITIONER IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:56 +0530 - 2 - NC: 2025:KHC-D:1521 CRL.P No. 102507 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused has been charge sheeted for the offences punishable under Sections 506, 504, 420, 323, 354, 406 of IPC and under Section 3(2)(v-a), 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Act, 1989. 2. The case of the prosecution is that, the petitioner- accused got created the lease deed purportedly to show that the complainant has leased agricultural land to the accused for a sum of Rs.5 Lakhs, and the when the complainant questioned the same, the petitioner-accused abused, threatened and out raged her modesty. 3. The complainant and the accused are present before this Court with their respective counsels. 4. The petitioner has filed a suit for permanent injunction in O.S.No.177/2023 and in the said suit the parties have amicably resolved the dispute among themselves and in terms of the compromise, the respondent No.2 has agreed to withdraw all the allegations and has no objections for quashing the impugned proceedings against the petitioner-accused. 5. Though the offences alleged against the petitioner- accused herein are cognizable and non-compoundable, however, given to the facts and circumstances that the parties - 3 - NC: 2025:KHC-D:1521 CRL.P No. 102507 of 2023 have amicably settled the dispute among themselves, and the respondent No.2 having no objection for quashing the impugned proceedings, it would be a futile exercise, if the petitioner is subjected to trial, since the probability of his conviction is remote and bleak in view of the settlement. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in Spl.C.No.530/2023 pending on the file of the learned I Additional District and Sessions Judge, Ballari, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 2 Sl No.: 5