- 1 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 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. 103249 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. BHARATI W/O LAXMAN NAIK, AGE. 35 YEARS, OCC. TEACHER, R/O. KALAGANKOPPA, MUNDGOD, UTTARA KANNADA-581 349. … PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH MUNDGOD P.S., UTTARA KANNADA-581 349. 2. SMT. ANITHA W/O CHANDRAKANT NAIKAR, AGE. 35 YEARS, OCC. LABOURER, R/O. KALAGANKOPPA, MUNDGOD, UTTARA KANNADA-581 349. … RESPONDENTS (BY SRI. SHRIPRASAD J. JOSHI, ADVOCATE FOR R2; SMT. GIRIJA S. HIREMATH, 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 FIR REGISTERED BY THE MUNDGOD PS DATED 08.08.2025 IN CRIME NO.149/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND UNDER SECTION 118(1) OF BNS AND RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 of 2025 FURTHER PROCEEDINGS, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND J.M.F.C. MUNDGOD COURT, UTTARA KANNADA, IN SO FAR AS PETITIONER ONLY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel Sri Shivaprasad J. Joshi has filed vakalath on behalf of respondent no.2. The same is taken on record. 2. Petitioner is before this Court with a prayer to quash the entire proceedings in Crime No.149 of 2025 registered by Mundgod Police Station, Uttara Kannada District, registered for offence punishable under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 118(1) of the BNSS 2023. 3. Heard the learned counsel appearing for the parties. 4. Learned counsel for the petitioner and learned counsel for respondent no.2 jointly submitted that dispute - 3 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 of 2025 between the parties has been amicably settled and they filed a joint memo supported by the affidavit of petitioner and respondent no.2. They accordingly pray to allow the petition. 5. Per contra, learned HCGP has brought to the notice of this Court that alleged offences are not compoundable in nature. 6. FIR in the present case has been registered against the petitioner by respondent no.2, who is the mother of the victim boy, who is studying in the school in which the petitioner is a teacher. In the first information, it is alleged that on 07.08.2020, the petitioner had assaulted the victim boy for the reason that he was not properly studying and as a result victim boy had suffered injuries. The petitioner and respondent no.2 are now before this Court and they have submitted that the dispute between the parties has been settled and by a mistaken notion the first information was submitted by the respondent no.2 against the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 of 2025 7. The joint memo which is filed by the parties is supported by the affidavit of the petitioner and the affidavit of respondent no.2. The same is taken on record. 8. Parties who are before this Court are represented by their respective advocates. In the affidavit filed by respondent no. 2, in paragraph nos. 2 and 3, it is stated as follows: “2. The Petitioner has challenged the FIR in Crime No.149/2025 registered by Mundgod PS. After registering the FIR, I came to know about the fact that the Petitioner has not caused physical hurt to my son and the reason for the same is that my son had fallen when he was playing with friends. 3. I state that the above said fact was not known to me while filing the complaint. I state that the allegations made in the complaint are not true and therefore I request this Hon'ble Court to allow the instant petition.” 9. The parties who are before this Court have stated that settlement between the parties is settled voluntarily without there being any undue influence and coercion. - 5 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 of 2025 10. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH1, has held that even in cases involving non compoundable offences where compromise is voluntary and allegations are private in nature, extraordinary powers of the High Court can be exercised beyond the metes and bounds of Section 320 of Cr.P.C. and this Court, in exercise of its powers under Section 482 of Cr.P.C, can quash criminal proceedings initiated even for offences punishable under non-compoundable offences, depending upon the nature of the allegations and the nature of settlement between the parties. In the present case, petitioner is the teacher in the school in which the victim boy, who is the son of respondent no.2 is studying. It is stated in the affidavit filed by respondent no.2 that by a mistaken notion, she had filed a criminal case against the petitioner. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its inherent powers in order to do complete justice to both the parties. 1 AIR 2022 (14) SCC 531 - 6 - HC-KAR NC: 2025:KHC-D:10540 CRL.P No. 103249 of 2025 11. Accordingly, criminal petition is allowed. The entire proceedings in Crime No.149 of 2025 registered by Mundgod Police Station, Uttara Kannada District, registered for offence punishable under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 118(1) of the BNSS 2023 is quashed against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 51