- 1 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200028 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: HAIDER ALI S/O ISMAIL SAB MAROL, AGE: 48 YEARS, OCC: BUSINESS, R/O. HIREJAVOOR, TQ. LINGASUGUR, RAICHUR. …PETITIONER (BY SRI VARUN PATIL, ADVOCATE) AND: 1. THE STATE THROUGH BY LINGASUGUR P.S., THROUGH ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH KALABURAGI-585107. 2. MOHAMMEDSAB S/O BANDAGISAB BHAVIKATTI, AGE: 51 YEARS, OCC: BUSINESS, R/O. KANDAGALA, TQ.ILKAL DIST. BAGALKOT-587101. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI PUNITH MARKAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO HEAR THE PETITIONER Digitally signed by SHILPA R TENIHALLI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 ALLOW THE PETITION AND QUASH THE PROCEEDINGS IN CC NO. 157/2023 (ARISING OUT OF P.C.NO.26/2020) FOR THE OFFENCE PUNISHABLE U/S 420, 468, 383, 380, 384, R/W 34 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C. LINGASUGUR AND ALSO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused No.1 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.157/2023 pending before the Court of Principal Civil Judge (Jr. Dn.) and JMFC Court, Lingasurug, arising out of Crime No.215/2020, registered by Lingasugur Police Station, Raichur district, for the offences punishable under Sections 420, 468, 383, 384, 380 read with Section 34 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and the learned counsel for the respondent No.2 jointly submit that, the - 3 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 dispute between the parties has been amicably settled. They submit that, having regard to the settlement arrived at between the parties, today they have filed application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘the BNSS, 2023’)along with the affidavits of the respective parties. They also submit that, in view of the settlement arrived at between the parties, this Court has already quashed the impugned criminal proceeding insofar as it relates to accused Nos.2 and 3 in Criminal Petition No.201701/2023. Accordingly, they pray to grant the prayer made in the application. 4. Learned High Court Government Pleader does not seriously oppose the prayer made in the application. 5. The joint application filed on behalf of the petitioner and the respondent No.2 under Section 528 of BNSS, 2023, which is supported by the affidavit of both the parties, is taken on record. In the affidavit filed on behalf of the respondent No.2 in paragraph Nos.3 and 4, it is stated as follows: - 4 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 “3. That I have amicably settled the dispute between myself and Accused No.2 & 3. Now, upon the intervention of the elders and well-wishers the petitioner herein and myself have got the dispute settled for smooth functioning of our business. The above offences are non-compoundable and offences are in the nature of private wrong and has no bearing on the public good. 4. That in the circumstance above and in view of the settlement, I do not intend to pursue this criminal case against the petitioner.” 6. From the perusal of the material on record it is found that, dispute between the parties is private in nature and the said dispute is now settled and the parties intend to give a quietus to all the disputes between themselves. The Hon’ble Supreme Court in the case of Ramgopal vs. The State of Madhya Pradesh1 has observed that notwithstanding the limitations under Section 320 of Cr.P.C., this Court in exercise of its power under Section 482 of Cr.P.C. can quash the criminal proceedings even registered for non compoundable offences depending upon 1 2021 SCC Online SCC 834 - 5 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 the facts and circumstances of the case and nature of the allegations found in the criminal cases. 7. Considering the nature of the allegations found in the present case and also having regard to the settlement arrived between the parties, I am of the opinion that, this is a fit case, wherein, this Court is required to exercise its jurisdiction under Section 482 of Cr.P.C/Section 528 of BNSS, 2023 and grant relief as sought for by the parties to the petition. Accordingly, the following order: ORDER (i) The criminal petition is allowed; (ii) The entire proceeding in C.C.No.157/2023 pending before the Court of Principal Civil Judge (Jr. Dn.) and JMFC Court, Lingasurug, arising out of Crime No.215/2020 registered by the Lingasugur Police Station, Raichur district, for the offences punishable under Sections 420, - 6 - NC: 2025:KHC-K:612 CRL.P No. 200028 of 2025 468, 383, 384, 380 read with Section 34 of IPC, is quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 11 CT:PK