- 1 - NC: 2025:KHC-D:476 CRL.P No. 103377 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103377 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: KIRAN S/O. HANUMANTAGOUDA MULIMANI AGE. 34 YEARS, OCC. JOURNALIST, R/O. VASANA VILLAGE-582206, TAL. NARGUND TALUK, DIST. GADAG. …PETITIONER (BY SMT. SURABHI R. KULKARNI AND SRI. RAGHUVEER R.SATTIGERI, ADVOCATES) AND: 1. STATE OF KARNATAKA THROUGH BADAMI PS REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. PARASAPPA S/O. HANUMAPPA MYAGERI AGED ABOUT 30 YEARS, OCC. AGRICULTURE, R/O. KONNUR-591231, TAL. NARAGUND, DIST. GADAG. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. K.L.PATIL AND S.S.BETURMATH, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.63/2024 PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT AT BAGALKOT REGISTERED FOR THE OFFENCES P/U/SEC. 323, 504 AND 506 OF IPC, 1860 AND U/SEC. 3(10 (r)(s), 3(2) (5a) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 IN CRIME NO. 10/2024 BEFORE BADAMI POLICE STATION PRODUCED AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 17:14:39 +0530 - 2 - NC: 2025:KHC-D:476 CRL.P No. 103377 of 2024 ORAL ORDER 1. The petitioner, who is charge-sheeted for offences punishable under Sections 323, 504, and 506 of the Indian Penal Code (IPC) and Sections 3(1)(r) & (s) and 3(2)(v-a) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, is before this Court seeking appropriate relief. 2. The prosecution alleges that on 2.1.2024, the petitioner/accused assaulted the complainant, threatened him with dire consequences, and abused him in filthy language with reference to his caste. The complainant belongs to the SC/ST category. 3. Both parties are present before the Court and have been duly identified by their respective counsel. They have filed an application under Section 528 of BNSS, 2023, seeking to compound the offences as they have amicably resolved the dispute. In terms of the settlement, respondent No. 2 has agreed to withdraw all allegations against the accused and has no objection to quashing the proceedings. 4. The alleged incident occurred on 2.1.2024, and the FIR was lodged on 16.1.2024 without providing a plausible explanation for the delay. However, without delving into the merits of the case, since the parties have amicably resolved the dispute, it would serve no purpose to subject the petitioner to a trial. Given the settlement, the probability of conviction is remote and bleak. Therefore, continuation of criminal proceedings against the petitioner would be an abuse of process of law. - 3 - NC: 2025:KHC-D:476 CRL.P No. 103377 of 2024 5. Accordingly, the petition is allowed. The impugned proceedings in Spl.C.No.63/2024 (arising out of Badami PS Crime No.10/2024) pending on the file of learned II Addl. District and Sessions Judge, Bagalakote, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 109