- 1 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 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. 103130 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: MAHAMMAD JAFFAR HUSSENKHAN LODI, AGE. 59 YEARS, OCC. TEACHER, R/O. TARALUBALU BADAVANE, RATTIHALLI, TQ. RATTIHALLI, DIST. HAVERI-581 116. … PETITIONER (BY SRI. A.C. CHAKALABBI AND SRI. S.B. DODDAGOUDAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, (PSI RATTIHALLI POLICE STATION, RATTIHALLI) REP. BY SPP, HIGH COURT BUILDING, DHARWAD-580 011. 2. NAGARAJ S/O MALLAPPA SUNAGAR, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. TARALUBALU BADAVANE, 1ST CROSS, 1ST MAIN, RATTIHALLI, TQ. RATTIHALLI, DIST. HAVERI-581 116. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC HIREKERUR IN CC NO.824/2023 ARISING OUR OF RATTIHALLI P.S. CRIME NO.138/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 504 OF I.P.C., IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED. 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:10514 CRL.P No. 103130 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in C.C.No.824/2023 pending before the Court of Addl. Civil Judge & JMFC, Hirekerur, Haveri District arising out of Crime No.138/2022 registered by Rattihalli Police Station, Haveri District for the offences punishable under Sections 323, 324 & 504 of IPC is before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in the aforesaid case against him. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that there is a civil dispute between the parties and it is in this background a false case has been filed against the petitioner. He submits that victim has not suffered any injury in the present case and therefore offence punishable under Section 307 of IPC has been dropped in the charge sheet. Only to harass the petitioner a false complaint has been filed against him. The first informant and his companion were the aggressor in the present case and - 3 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 initially they had assaulted the petitioner. Therefore, a separate case has been registered against the first informant and others in Crime No.139/2022 by the very same Police Station. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that there is a case and counter case in respect of the alleged incident that had taken place on 09.11.2022. Both the parties have suffered simple injury in the incident in question. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that, parties to this petition are neighbourers. It appears that there is some civil dispute between them with regard to certain property. The said dispute between the parties has been now ended in filing of suit in O.S.No.277/2023 before the jurisdictional civil Court. 6. Insofar as the present case is concerned initially FIR was registered for the offence punishable under Sections 307, 324 R/w 34 of IPC against the petitioner and another in Crime - 4 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 No.138/2022, based on the first information submitted by Nagaraj Mallappa. After investigation is completed charge sheet has been filed against the petitioner for the aforesaid offences and the offence punishable under Section 307 of IPC has been dropped in the charge sheet. 7. According to charge sheet allegation petitioner herein had assaulted the first informant with a wooden club on his right wrist and left forearm and as a result the victim has suffered simple injury. It is under these circumstances, charge sheet has been filed invoking offences punishable under Sections 323, 324 & 504 of IPC. The victim has taken medical treatment for the injuries sustained by him. CW.7 is the doctor, who has issued wound certificate. CWs.4 and 5 are eye witnesses to the alleged incident that had taken place on 09.11.2022. 8. It is also relevant to note that here that FIR in Crime No.139/2022 was registered by Rattihalli Police Station against the first informant in the present case and others, based on the complaint submitted by the petitioner herein. - 5 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 Therefore, it is very clear that a case and counter case has been registered in respect of the alleged incident that had taken place on 09.11.2022. 9. Learned HCGP has brought to the notice of this Court that both the parties have suffered simple injury as a result of assault made by each other on the alleged date. 10. A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried. 11. The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145, has laid down certain procedures to be followed by the - 6 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL reported in (2003)9 SCC 426, and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments. 12. This Court in the case of ABDUL MAJID SAB VS STATE OF KARNATAKA reported in ILR 2010 KAR 1719, has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors. 13. So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute, in normal circumstances, the High - 7 - HC-KAR NC: 2025:KHC-D:10514 CRL.P No. 103130 of 2024 Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaints prima facie show that necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in such event, the inherent power under Section 482 Cr.PC can be exercised by this Court. 14. In the case on hand, perusal of the averments made in the complaint would go to show that there are sufficient material to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. Therefore, I do not find any good ground to entertain this petition. 15. Accordingly, the criminal petition is dismissed Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 37