- 1 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103253 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: AFTAB S/O MAHAMMADGOUSE NAYIB, AGE. 40 YEARS, OCC. SALESMAN, R/AT: AJAD PARK, KESHWAPUR, TQ. HUBBALLI, DIST. DHARWAD-580 020 … PETITIONER (BY SRI. HIRANKUMAR J. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KESHWAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. 2. SURESH S/O CHAGANLAL JAIN, AGE. 52 YEARS, OCC. BUSINESSMEN, R/AT: JAIN BUILDING, KESHWAPUR, NEAR KAMAT HOSPITAL, TQ. HUBBALLI, DIST. DHARWAD-580 020. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 SRI. GOURISHANKAR H. MOT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER AS IN KESHAVAPUR POLICE STATION IN CRIME NO.0094/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354(D), 341, 509, 506 OF INDIAN PENAL CODE PENDING ON THE FILE OF JMFC-II COURT, AT: HUBBALLI IN C.C. NO.2434/2024, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in C.C.No.2434/2024 pending before the Court of JMFC II Court, Hubballi, arising out of Crime No.94/2024 registered by Keshavapur Police Station, for the offences punishable under Sections 354(D), 341, 509 and 506 of IPC, is before this Court under Section 528 (482 of Cr.P.C.) of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that dispute between the parties has been amicably settled and the parties intend to give a quietus to their dispute and live peacefully in future. They submit that the defacto complainant as well as his wife who is the victim in the present case have filed two separate affidavits admitting the settlement and they have prayed to permit the parties - 3 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 to compound the alleged offences. Accordingly, the prayer made in the petition may be granted. 4. Learned HCGP does not oppose the prayer made by the parties. 5. The parties who are before this Court have been identified by their respective advocates and the affidavit filed by the parties reporting settlement is taken on record. In paragraph nos.2 to 4 of the affidavit filed by the respondent no.2-defacto complainant, it is stated as follows: “) I state that, in view of the intervention of elders the petitioner and respondent no: 2/aggrieved party, have mutually agreed to the following terms and conditions mentioned below. 3) I state that, I had lodged the complaint against petitioner/accused before the Keshavapur Police Station in Crime No: 094/2024 for the offence punishable U/sec 354(d), 341, 509, 506 of Indian Penal Code pending on the file of Hon'ble Court of JMFC - II, at: Hubballi in CC. No. 2434/2024 the dispute as aroused between the accused/petitioner, I have compromised the matter - 4 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 amicably. Hence in view of the same the petitioner has filed this petition quashing of entire proceedings. 4) I further state that, I have agreed to close the proceedings as mentioned against the petitioner, I have also agreed to Give up all my claims in respect of said cases as arouse in the dispute. Further it is submitted that since the dispute between the petitioner and me has been settled amicably and I have agreed not to prosecute/contest the above-mentioned case against the petitioner/accused. Hence it is just and necessary to permit the petitioner and I to compound the said case instead of subjecting the petitioners to face the trial.” 6. Similar affidavit is filed even by the victim, who is the wife of respondent no.2. The allegation found against the petitioner is private in nature. It is submitted that the settlement arrived between the parties is voluntarily without there being any undue influence or coercion. 7. The Hon'ble Supreme Court, in the case of Ramgopal and another vs. State of Madhya Pradesh1 has observed that, notwithstanding the limitations 1 AIR 2022 (14) SCC 531 - 5 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 provided under Section 320 of Cr.P.C., this Court in excise of its power under Section 482 of Cr.P.C. can quash criminal proceeding registered for non-compoundable offences depending upon the nature of allegations, relations between the parties and also the nature of settlement. 8. In the present case parties are residing in the same area and they intend to give a quietus to the dispute. The allegations found in the first information as well as in the charge sheet, are purely private in nature and therefore, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C.No.2434/2024 pending before the Court of JMFC II Court, Hubballi, arising out of Crime No.94/2024 registered by Keshavapur Police - 6 - HC-KAR NC: 2025:KHC-D:10521 CRL.P No. 103253 of 2025 Station, for the offences punishable under Sections 354(D), 341, 509 and 506 of Indian Penal Code is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, CT:BCK LIST NO.: 1 SL NO.: 54