- 1 - NC: 2025:KHC-D:815 CRL.P No. 103891 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103891 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: RAVI SHIDDAPPA GADDI AGE. 41 YEARS, OCC. GOVT. SERVANT, R/O. HEBASUR, HUBBALLI, DHARWAD-581209. …PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH GADAG RURAL P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. 2. MALLAPPA YALLAPPA KAVALI AGE. 64 YEARS, OCC. AGRICULTURE, R/O. HULKOTI, GADAG-582205. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE FOR R1; SRI. S.S. NIRANJAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN SC NO.47/2014 (GADAG RURAL P.S. CRIME NO. 266/2008) FOR THE ALLEGED OFFENCES P/U/SEC. 143, 147, 364, 368, 344,109 R/W 149 OF IPC, PENDING FILE BEFORE PRL. DIST. AND SESSIONS JUDGE, GADAG. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:52 +0530 - 2 - NC: 2025:KHC-D:815 CRL.P No. 103891 of 2024 ORAL ORDER 1. The petitioner, who is sought to be prosecuted for offences punishable under Sections 143, 147, 364, 368, 344, 109 read with Section 149 of the Indian Penal Code (IPC), has approached this Court seeking relief. 2. The case of the prosecution is that accused No.3 was allegedly involved in an illicit relationship with accused No.1. Complainant , the sole heir to his late father’s estate comprising 18 acres of agricultural land, a house, and plots, was purportedly harassed by accused No.1 and her brothers with an intent to usurp his property. The prosecution alleges that the accused persons assaulted him in front of the Ramadev Temple in Hulakoti, kidnapped him in a rickshaw belonging to one Gurappa Ramalingappa Navalgund, and took him to accused No.3’s parental home. There, his hands and legs were tied, and he was confined in a room where he was allegedly forced to sign documents. He, however, managed to escape from the location. 3. Since the petitioner (accused No.6) remained absconding, the trial court on 26.03.2019 bifurcated the charge sheet, and separate proceedings were registered against him in CC No.105/2010. The other accused persons, namely accused Nos.1, 2, 3, 4, 5, 7, 8, and 9, faced trial, and the trial court acquitted them of all charges by an order dated 04.09.2012. 4. It is a settled principle of law that when no specific or distinct allegations are made against the petitioner and when the - 3 - NC: 2025:KHC-D:815 CRL.P No. 103891 of 2024 co-accused have been acquitted, continuing the prosecution against the petitioner would amount to an abuse of the process of law. 5. The de facto complainant and accused No.6 have filed a joint application before this Court for compounding the offences, stating that the dispute between them pertained to immovable property and has now been amicably resolved. The de facto complainant has submitted that he has no objection to quashing the impugned proceedings against the petitioner. 6. Although the offences alleged are non-compoundable, considering the settlement arrived at between the parties and the fact that the other accused have been acquitted after a full-fledged trial, subjecting the petitioner to trial would serve no purpose. The likelihood of his conviction is remote and bleak. To prevent the abuse of the process of law and to maintain parity, it is just and proper to quash the impugned proceedings against the petitioner. 7. Accordingly, the continuation of the proceedings would amount to an abuse of the process of law, and the impugned proceedings against the petitioner are hereby quashed. Accordingly, I pass the following: ORDER i) The petition stands allowed. - 4 - NC: 2025:KHC-D:815 CRL.P No. 103891 of 2024 ii) The impugned proceedings in SC no.47/2014 pending on the file of the learned Prl. District and Sessions Judge, Gadag insofar as it relates to the accused No.6 is hereby quashed. Pending I.A. if any, does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 11