PARASHURAM S/O HANUMANTAPPA HOSAMNI v. THE STATE OF KARNATAKA
CRL.P/103585/2024 · 2025-02-04
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7885 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7885 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:2153 CRL.P No. 103585 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103585 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
1.
PARASHURAM S/O. HANUMANTAPPA HOSAMANI AGE. 61 YEARS, OCC. AGRICULTURE, R/O. SALAGAO, MUNDAGOD TALUK, UTTARA KANNADA DISTRICT-581349.
2.
HARISH S/O. PARASHURAM HOSAMANI AGE: 25 YEARS, OCC. AGRICULTURE, R/O. SALAGAO, MUNDAGOD TALUK, UTTARA KANNADA DISTRICT-581349. …PETITIONERS (BY SRI. MALLIKARJUNSWAMY B.HIREMATH AND SMT. KAVERI M.HIREMATH, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA MUNDGOD PS, BY ITS POLICE SUB INSPECTOR, UTTARA KANNADA DISTRICT, ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011.
2.
MANJUNATH S/O. YALLAPPA HARIJAN AGE: 27 YEARS, OCC. FARMER, R/O. GANESHAPUR MUNDGOD, UTTARA KANNADA KARNATAKA-581349. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. S.B.PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.21/2024 IN CRIME NO.0195/2023 REGISTERED BY
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:31 +0530
- 2 -
NC: 2025:KHC-D:2153 CRL.P No. 103585 of 2024
MUNDGOD PS PENDING ON THE FILE OF COURT OF II ADDL.
DISTRICT AND SESSIONS JUDGE AT KARWAR FOR THE OFFENCES PUNISHABLE U/S 504, 506 R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(va) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AGAINST THE ACCUSED NO.1 TO 2/PETITIONER NO.1 TO 2.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners/accused are sought to be prosecuted for the offences punishable under Sections 504 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. They have approached this Court seeking appropriate relief.
2. The case of the prosecution is that on 17.11.2023 at about 10:30 p.m., the tractor bearing No. KA-31-T-4742 was taken on rent by petitioner/accused No.1 for plowing the land. At that time, respondent No.2 arrived and questioned petitioner/accused No.1 about why he was plowing the land. It is alleged that petitioner/accused No.1 abused respondent No.2 with reference to his caste and threatened him with dire consequences.
3. The parties are present before this Court and have filed an application under Section 482 of the Cr.P.C., stating that they have amicably resolved the dispute. Respondent No.2 has agreed to withdraw all allegations against petitioners/accused Nos.1 and 2 and has no objection to the quashing of the impugned proceedings.
- 3 -
NC: 2025:KHC-D:2153 CRL.P No. 103585 of 2024
4. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, subjecting the petitioners/accused Nos.1 and 2 to trial would be a futile exercise. Given the settlement reached between the parties, the probability of conviction of the petitioners/accused Nos.1 and 2 appears remote and bleak. Hence, the continuation of criminal proceedings against them would amount to an abuse of the process of law. Accordingly, I pass the following:
ORDER i) The criminal petitions are allowed. ii) The impugned proceedings in Spl.C.No.21/2024 (arising out of Mundgod PS Crime No.195/2023) pending on the file of II Additional District and Sessions Court, Uttara Kannada District, Karwar, are hereby quashed.
Pending I.As., if any, do not survive for consideration and are
disposed of accordingly.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 50