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2025 DAILYLAW 7473 (KAR)

ADITYARAJ S/O. NAGESH DANDELI v. THE STATE OF KARNATAKA

CRL.P/102780/2023 · 2025-02-06

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2379 CRL.P No. 102780 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102780 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ADITYARAJ S/O. NAGESH DANDELI, AGE. 35 YEARS, OCC. BUSINESS, R/O. GOKUL ROAD, HOSUR, HUBBALLI DHARWAD CITY, DIST. DHARWAD -580020. 2. RAHUL S/O. GANAPATI PRABHU, AGE. 58 YEARS, OCC. BUSINESS, R/O. HOUSE NO.58, OPP. TO CHETANA COLLEGE AKSHAYA COLONY, HUBBALLI, DHARWAD CITY, DHARWAD -580020. 3. PRASHANT @ PARASHURAM S/O. RAMACHANDRA KUNDGOL, AGE. 35 YEARS, OCC. REAL ESTATE, R/O. NEAR SHANKUNTALA HOSPITAL, GOKUL ROAD, HOSUR, HUBBALLI DHARWAD CITY, DIST. DHARWAD -580020. …PETITIONERS (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2379 CRL.P No. 102780 of 2023 THROUGH PSI, GOKUL ROAD POLICE STATION -580011. 2. LOHIT S/O. NAGRAJ GAMANAGATTI, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. HUBBALLI GOKUL ROAD, LIDAKAR COLONY, HOUSE NO.11, PRESENTLY RESIDING AT VIDYANAGAR, DEVINAGAR NEAR BANNI TREE HUBBALLI, DIST. DHARWAD -580020. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1, SRI SHRIKANT DESHPANDE, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., FILED BY PETITIONERS PRAYING TO QUASH ENTIRE PROCEEDINGS IN CONNECTION WITH C.C. NO. 2332/2022 (CRIME NO. 137/2022) REGISTERED BY THE GOKUL ROAD RS FOR THE OFFENCE PUNISHABLE U/SEC. 506, 341, 504, 448, 323, 325 R/W 34 OF IPC AND U/S 27 OF INDIAN ARMS ACT PENDING BEFORE THE J.M.F.C. IIIRD COURT HUBBALLI IN THE INTEREST OF JUSTICE WITH RESPECT TO ACCUSED NO.1 TO 3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2379 CRL.P No. 102780 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners/accused Nos.1 to 3 are before this Court calling in question the proceedings in C.C.No.2332/2022 registered for the offence punishable under Sections 506, 341, 504, 448, 323, 325 read with Section 34 of IPC and read with Section 27 of Indian Arms Act. 2. During the pendency of the petition, the parties to the lis have settled the dispute amongst themselves by drawing up certain terms of settlement. 3. The terms of compromise read as follows: “The Petitioner and respondent/complainant jointly files the present Compromise petition. 1. The complainant/respondent No. 2 had registered a complaint as against the petitioner/accused Complaint has been registered against the petitioners/accused that there is a civil dispute and on the basis of complaint FIR was registered and Charge sheet was submitted in Crime No. 137/2022(CC No.2332/2022) for the offence U/Sec. 506, 341, 34, 504, 448, 323, 325 pending before JMFC IIIrd Court Hubballi, thus has preferred this Criminal Petition - 4 - NC: 2025:KHC-D:2379 CRL.P No. 102780 of 2023 U/Sec.482 of Cr.P.C seeking for quashing of Criminal Proceedings. 2. The complainant further submits that the said complaint has lodged against the petitioner no.1 to 3 at the unexpected heat of moment while the petitioners and complainant were gathered for settlement of the civil dispute and due to some unforeseen actions and decisions and difference of opinion about the house property the discussion turned out to be ugly and unflattering situation and at that moment with a fit of anger complainant filed complaint against all the accused and couldn't analyze the situation and both the petitioners and respondent/complainant were not involved in any of the allegations. Now to maintain the peace and balance in the society and to be continued good cordial relationship the petitioners and the respondent no.2, so to settle the dispute once for all, hence the petitioner and respondents jointly submits the present compromise petition. 3. It is further submitted that the petitioners and respondents states that if the compromise petition is allowed there is no hardship nor injustice causes to other side. And the above compromise petition is filed willfully without any force nor any undue advantage nor it is not violating the rights of the parties. And the above compromise petition explained in detail and we had gone through the same and they are correct to the best of our knowledge. Wherefore the petitioners and the complainant/respondent No. 2 most respectfully prays this Hon'ble court may please to allow the compromise petition and consequently request to quash the proceedings in in Crime No. 137/2022 (CC No.2332/2022) for the offence U/Sec. 506, 341, 34, 504, 448, 323, 325 pending before JMFC IIIrd Court Hubballi against accused no.1, 2 and 3 in the interest of justice and equity.” - 5 - NC: 2025:KHC-D:2379 CRL.P No. 102780 of 2023 4. Since the offences are the ones punishable as aforequoted and not being of heinous or against the State, I deem it appropriate to accept the application seeking compounding of the offences and close the petition against the accused. 5. For the aforesaid reasons, the following: ORDER (i) The petition is disposed. (ii) The proceedings in C.C.No.2332/2022 on the file of JMFC-III, Hubballi stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 2 Sl No.: 4 CT. GTB