- 1 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104045 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO.104162 OF 2025 IN CRIMINAL PETITION NO.104045 OF 2025 BETWEEN: 1. VEERAPPA S/O. MALLAPPA NADAGOUDAR, AGE. 53 YEARS, OCC. ADVOCATE, 2. LAKSHMI @ REKHA W/O. NADGOUDRA VEERAPPA, AGE. 40 YEARS, OCC. HOUSE WIFE, BOTH PETITIONERS ARE R/O. ULAVI CHANNABASAVESHWAR NAGAR, GUTTAL ROAD HAVERI, TALUK. HAVERI, DISTRICT. HAVERI-581115. …PETITIONERS (BY SRI. MAHESHIAH RUDRAYYA HIREMATHAD, ADVOCATE AND SRI. PRAKASH R.BADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PSI HAVERI TOWN POLICE STATION, TQ. HAVERI, DIST. HAVERI-581115, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580011. 2. SMT. UMA SHASHIDHAR AGADI, AGE. 45 YEARS, OCC. HOUSE WIFE, R/O. ULAVI CHANNABASAVESHWAR NAGAR, GUTTAL ROAD, HAVERI, TQ. HAVERI, DISTRICT. HAVERI-581115. …RESPONDENTS (BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE FOR R2 (VK FILED IN COURT); SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST ACCUSED NO.1 AND 2/PETITIONERS NO.1 AND 2 IN HAVERI TOWN PS CRIME NO.180/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 109, 76, 351(2), 352 R/W 3(5) OF BNS, 2025 PENDING ON THE FILE OF PRL. CIVIL JUDGE (SN.DN) AND CJM, HAVERI, HAVERI DISTRICT AND ETC.,. IN CRIMINAL PETITION NO.104162 OF 2025 BETWEEN SHASHIDHAR ANGADI, AGE. 45 YEARS, OCC. BUSINESS, R/O. ULAVI CHANNABASAVESHWAR NAGAR, GUTTAL ROAD HAVERI, TQ. HAVERI, DIST. HAVERI-581115. ...PETITIONER (BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 AND THE STATE OF KARNATAKA, BY PSI HAVERI TOWN POLICE STATION, TQ. HAVERI, DIST. HAVERI-581115, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580011. VEERAPPA S/O. MALLAPPA NADAGOUDAR, AGE. 53 YEARS, OCC. ADVOCATE, R/O. ULAVI CHANNABASAVESHWAR NAGAR, GUTTAL ROAD HAVERI, TALUK. HAVERI, DISTRICT. HAVERI-581115. ….RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. PRAKASH R.BADIGER, ADVOCATE AND SRI. M.R. HIREMATHAD, ADVOCATE FOR R2 (VK FILED)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST ACCUSED/PETITIONER IN HAVERI TOWN PS CRIME NO.179/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 109, 76, 351(2), 352 R/W 3(5) OF BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE (SN.DN) AND CJM, HAVERI, HAVERI DISTRICT AND ETC.,. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 4 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners, respondents and their respective counsel are present before this Court and filed joint memo stating that both the matters have been amicably settled between them. 2. The averments of the joint memo reads as follows: “The petitioners/accused and the complainant/Respondent No:2 herein most respectfully submit as follows: 1. That due to certain misunderstandings and personal differences, complaints were lodged by the Petitioner No: 1 against the husband of the Respondent No:2 and others and the Respondent No:2 has lodged the complaint against the Petitioners/ accused in the Haveri Town Police Station - the Respondent No:1. 2. That the Respondent No:1 Police have registered a Criminal case in Crime No:180/2025 against the petitioners for offences punishable under Sections 115(2), 118(1), 109, 76, 351(2), 352 r/w 3(5) of BNSS, 2025 which is questioned in Criminal Petition No:1041162/2025 similarly - 5 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 counter case has been registered a criminal case in Crime No.179/2025 against the husband of the complainant/ Respondent No:2 for the offences punishable under Sections 115(2), 118(1), 109, 76, 351(2), 352 r/w 3(5) of BNSS, 2025 which is questioned in the present petition. 3. It is submitted that both the crimes are arising out of the same incident and now the parties have amicably resolved their entire dispute with the intervention of the elders, well wishers, and family members, as the incident occurred due to misunderstanding, and they harbour no grievance against each other and decided to live peacefully and maintain harmony. 4. That in view of the compromise, the petitioners (Petitioners being the husband and wife and petitioner No:1 has signed this compromise on behalf his wife also) have withdrawn the allegations against the husband of the Respondent No:2 and he has no objections to quash the FIR in Crime No:179/2025 on the file of the Respondent No:1 police which is questioned in the connected Criminal Petition No:104162/2025, similarly the Respondent No:2 has withdrawn the allegations against the petitioners and she has no objections to quash the FIR in Crime No:180/2025 on the file - 6 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 of the Respondent No:1 police which is questioned in the connected Criminal Petition No:104045/2025 which is questioned in the present petition. 5. That the present compromise is voluntary, without any pressure, coercion, or undue influence, and both parties submit that this joint memo with free will and consent. Wherefore, the petitioners and the Respondent No:2 hereby respectfully pray that this Hon'ble Court to may be pleased to Record the compromise and Permit the petitioners and Respondent No:2 to compound the offences alleged in Crime No. 179/2025 and Crime No. 180/2025, in the interest of justice.” 3. Having considered the averments of the joint memo, it is appropriate to refer the judgment of the Hon'ble Supreme Court in the case of NAUSHEY ALI AND OTHERS v. STATE OF UTTAR PRADESH AND ANOTHER1, wherein the Hon'ble Supreme Court held in paragraph No.23 as under: 1 (2025) 4 SCC 78 - 7 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 “23. Coming back to Laxmi Narayan [State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688 : (2019) 2 SCC (Cri) 706] , this Court has held that mere mention of Section 307IPC in the FIR or the charge-sheet should not be the basis for adopting a hands-off approach. It has further held that it would be open for the court to examine as to whether incorporation of Section 307IPC is there for the sake of it or whether there is evidence to back it. It has been held that the courts may go by the nature of injuries sustained; as to whether the injuries are inflicted on the vital/delicate parts of the body and the nature of weapon used. It has also been clarified that such an exercise would be permissible after investigation and filing of charge-sheet/framing of charges or during the trial. (See para 15.4 of Laxmi Narayan.)” 4. On careful reading of the dictum of the Hon'ble Supreme Court, it appears that mere mentioning of Section 307 of IPC in the FIR or in the charge sheet should not be the basis for adopting a hands-off approach. However, the Court has to see the nature of the injury sustained and also the weapon used for the commission of the said offence. - 8 - HC-KAR NC: 2025:KHC-D:17496 CRL.P No. 104045 of 2025 C/W CRL.P No. 104162 of 2025 5. Having considered the ratio laid down by the Hon'ble Supreme Court, in the present case, the nature of the weapon used for the commission of the offence and also the injuries sustained between the parties are not so severe to attract the ingredients of Section 307 of IPC. Having considered the said aspect, it is appropriate to record the compromise. 6. Hence, I proceed to pass the following: ORDER. i) The petitions are allowed in terms of the joint memo. ii) The entire proceedings in Crime Nos.180/2025 and 179/2025 of Haveri Town Police Station, are hereby quashed. iii) In view of the disposal of the petitions, pending I.As, if any, are disposed off. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 4 Sl No.: 1