- 1 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200453 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MAYUR @ YAMANURI @ YAMANAPPA S/O SANGAPPA BHOVI, AGE 38 YEARS, OCC PRIVATE, R/O HIREMURAL TQ MUDDEBIHAL, DIST.VIJAYAPURA – 586122 …PETITIONER (BY SRI. MAHANTESH PATIL, ADV.) AND: 1. THE STATE OF KARNATAKA R/BY ADDL SPP, HIGH COURT OF KARNATAKA KALABURAGI BENCH, THROUGH MUDDEBIHAL PS DIST.VIJAYAPURA. 2. SHWETA W/O MARUTI BHOVI AGE 35 YEARS, OCC HOUSEHOLD R/O HIREMURAL. TQ. MUDDEBIHAL DIST.VIJAYAPURA. …RESPONDENTS (BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI.VEERASHETTY KONDAPPALI, ADV. FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, BY THE ADVOCATE FOR THE PETITIONER PRAYING TO, I) QUASH THE ORDER OF COGNIZANCE DATED 22.09.2023 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC MUDDEBIHAL AND CHARGE SHEET IN C.C NO. 74/2023 (CRIME NO. 244/2022) FOR THE OFFENCES PUNISHABLE U/SECs 323, 324, 354, 504, 506 R/W 34 OF IPC REGISTERED BY THE MUDDEBIHAL POLICE STATION AGAINST THE PETITIONER /ACCUSED NO. 2 PENDING BEFORE THE COURT OF LEARNED SENIOR CIVIL JUDGE AND JMFC MUDDEBIHAL DISTRICT VIJAYAPURA IN THE INTEREST OF JUSTICE. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 through video conferencing. 2. The learned counsels for the respective parties have filed an application under Section 359 read with Section 528 of BNSS, 2023 along with the affidavits. The application for compromise is duly signed by the petitioner, the complainant and their respective counsels. The same is taken on record. 3. The averments of affidavit of petitioner in paragraph Nos.2, 3, 4 and 5, which reads as under: “2. I state that, I am accused No.2 in the alleged Crime. The accused No.1 is my Brother and Accused No.3 is wife of Accused No. 1. The dispute in between us and respondent No.2 was in respect of land dispute. The quarrel took place in a spur of a movement and without having knowledge about - 3 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 future consequences. Since, I realized that due to the dispute in between us and respondent No.2, our family reputation spoiled in the village. I state that, in the unfortunate incident both our family members suffered grievous injuries. However, due to the close relations in between us and complainant family, the respondent No.2 and myself decided to buried our differences and to settle the dispute once for all within an intention to lead peaceful and harmonious life in future. 3. I state that, due to intervention of family members, elderly persons of the Village, and well wishers of our respective family, the Accused No.1/petitioner and respondent No.2/complainant settled the dispute between them and arrived amicable settlement. Accordingly, the respondent No.2 and the Accused No.2/petitioner filed joint compromise petition. Hence, in view of the settlement the petitioner filed this petition for quashing the pending criminal proceedings against us in C.C.No.74/2023 before the Senior Civil Judge & JMFC at Muddebihal. Under these circumstances, the continuation of criminal proceedings, would put me to great oppression, prejudice and extreme injustice would be cause to me. Under these circumstances the continuation of criminal proceedings against us would be abuse of process of court. 4. I state that, in view of the compromise entered the Crime No.69/2023 (C.C.No.51/2024) - 4 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 registered by Premala Bhovi W/o. Yamappa Bhovi, was quashed by this Hon'ble Court in Crl.P.No.200457/2025. 5. I state that, looking into the complaint averments and the manner in which the incident took place there is no mental depravity by virtue of the incident and the occurrence of the incident is purely personal. Under these circumstances, the quashing the criminal proceedings would result in burying their long standing differences.” 4. The averments of respondent No.2 in paragraph Nos.2, 3 and 4, which reads as under: “2. I state that, I realized that due to the dispute in between me and petitioner / Accused No.2, our family reputation spoiled in the village. I state that, in the unfortunate incident both our family members suffered injuries. However, due to the close relations in between us and petitioner, we decided to bury our differences and to settle the dispute against the petitioner once for all within an intention to lead peaceful and harmonious life in future. Due to intervention of family members, elderly persons of the Village, and well wishers of my respective family, the myself and petitioner/ Accused No.2, settled the dispute between myself and arrived amicable settlement. Accordingly - 5 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 myself and Accused No.2/petitioner filed joint compromise petition. 3. That, myself and petitioner are close relatives. The dispute between me and petitioner is relating to partition of the agricultural lands. In view of the objection raised by Accused No.1, in a spur of movement quarrel has taken place. The said incident was unintentional and without any premeditation. 4. That, there is no mental depravity by virtue of the incident and the occurrence of the incident is purely personal. Under these circumstances, the quashing the criminal proceedings would result in burying their long standing differences. 5. In view of the settlement arrived at between the parties and in view of the judgment of Hon'ble Supreme Court in the case of GIAN SINGH Vs. STATE OF PUNJAB AND ANOTHER1and NARINDER SINGH & OTHERS V. STATE OF PUNJAB & ANOTHER2, it is appropriate to record the compromise in order to maintain quietus between the family members. 1 (2012) 10 SCC 303 2 2014(6) SCC 466 - 6 - HC-KAR NC: 2025:KHC-K:2867 CRL.P No. 200453 of 2025 6. Accordingly, I proceed to pass the following: ORDER a) The criminal petition is allowed in terms of the compromise. b) The order of taking cognizance dated 22.09.2023 passed by the learned Senior Civil Judge and JMFC, Muddebihal and charge sheet in C.C No.74/2023 (Crime No.244/2022 of respondent – police) for the offences punishable under Sections 323, 324, 354, 504, 506 read with Section 34 of IPC insofar the petitioner/accused No.2 is concerned stand quashed. c) The bail bonds executed, if any, stand cancelled. Sd/- (S RACHAIAH) JUDGE UN List No.: 19 Sl No.: 1