- 1 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200457 OF 2025 BETWEEN: 1. BASAVANTRAYA S/O BHIMANNA BHOVI AGE 60 YEARS OCC AGRICULTURE R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 2. LOHIT S/O BASAVANTRAYA TORAGAL AGE 35 YEARS OCC AGRICULTURE R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 3. MARUTI S/O SANGAPPA BHOVI AGE 40 YEARS OCC ADVOCATE R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 4. ROOPA W/O LOHIT TORAGAL AGE 33 YEARS OCC AGRICULTURE R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 5. MARIYAPPA S/O HANAMANTH BHOVI AGE 60 YEARS OCC AGRICULTURE R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 6. SUCHITRA W/O MARIYAPPA BHOVI AGE 40 YEARS OCC: HOUSEHOLD R/O HIREMURAL TQ.MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 7. SAPNA D/O MAIRYAPPA BHOVI AGE 22 YEARS OCC: STUDENT R/O HIREMURAL, TQ. MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 8. SWETHA W/O MARUTHI BHOVI AGE 35 YEARS OCC HOUSEHOLD R/O HIREMURAL, TQ.MUDDEBIHAL DIST.VIJAYAPURA - 586 122. 9. SHASHIKALA W/O BASAVANTRAYA BHOVI AGE 57 YEARS OCC HOUSEHOLD, R/O HIREMURAL TQ.MUDDEBIHAL DIST.VIJAYAPURA - 586 122. …PETITIONERS (BY SRI VEERSHETTY B KONDAMAPALLI, ADV.) AND: 1. THE STATE OF KARNATAKA R/BY ADDL. SPP - 3 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 103 THROUGH MUDDEBIHAL P.S. DIST.VIJAYAPURA - 586 101. 2. PARIMALA BHOVI W/O YAMANAPPA BHOVI AGE 28 YEARS, OCC HOUSEHOLD R/O HIREMURAL, TQ.MUDDEBIHAL DIST. VIJAYAPURA - 586 101. …RESPONDENTS (BY SRI G.B. YADAV, HCGP FOR R-1; SRI MAHANTESH PATIL, ADV., FOR R-2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 02.03.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC MUDDEBIHAL AND CHARGE SHEET IN C.C.NO. 51/2024 (CRIME NO. 69/2023) FOR THE OFFENCES PUNISHABLE U/SECS. 143, 147, 148, 323, 324, 341, 354, 504, 506, R/W 149 OF IPC REGISTERED BY THE MUDDEBIHAL POLICE STATION, AGAINST THE PETITIONER / ACCUSED NO.1 TO 9 PENDING BEFORE THE COURT OF LEARNED SENIOR CIVIL JUDGE AND JMFC MUDDEBIHAL, DISTRICT VIJAYAPURA IN THE INTEREST OF JUSTICE. 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. Accused Nos.1 to 9 are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings as against them in CC No.51/2024 pending before the Court of Senior Civil Judge and JMFC, Muddebihal, - 4 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 Vijayapura, arising out of Crime No.69/2023 registered by Muddebihal Police Station, Vijayapura, for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 341, 307, 354, 504, 506 read with Section 149 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly submit that the parties to the petition are all close relatives and dispute between them has been amicable settled and they have filed an application before this Court under Section 359 read with Section 528 of BNSS, 2023 seeking permission of this Court to compound the alleged offences and to grant the relief sought for in the petition. They submit that the settlement between the parties is voluntary without therebeing any undue influence and coercion. They also have identified the parties, who are present before the Court virtually. 4. The application filed by private parties to this petition under Section 359 read with Section 528 of BNSS, 2023, is taken on record. The said application is supported by the affidavit of petitioner No.1 and respondent No.2. In paragraph - 5 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 Nos.2 to 5 of the affidavit filed by petitioner No.1 in support of the prayer made in the application, it is stated as follows:- "2. I state that, the petitioner No.1 is sister in law of the complainant,(daughter's husband brother wife). The petitionerNo.2 is the son of the petitioner No.1, Petitioner No.3 sister in law of the complainant, petitioner No.4 is the wife of the petitioner No.2, petitioner No.5 is the brother in law of the petitioner No.7 is the daughter of the petitioner No.5 and 6, the petitioner No.8 is the sister of the complainant and the petitioner No.9 is the wife of the petitioner No.1. 3. The dispute in between us and respondent No.2 was in respect of joint family properties and civil suit were pending before the Hon'ble court civil court Muddebihal. The quarrel took place in a spur of movement and without having knowledge about future consequences. Since, we all 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 injuries. However, due to the close relations in between us and complainant, we decided to buried our differences and to settle the dispute once for all within an intention to lead - 6 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 peaceful and harmonious life in future and also we have resolved the civil dispute between our family. 4. I state that, due to intervention of family members, elderly persons of the Village, and well wishers of our respective family, the Accused/petitioners and respondent No.2/ complainant settled the dispute between them and arrived amicable settlement. Accordingly the respondent No.2 and the Accused/petitioners filed joint compromise petition. Hence, in view of the settlement the petitioners filed this petition for quashing the pending criminal proceedings against us in C.CNo.51/2024 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. 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, - 7 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 the quashing the criminal proceedings would result in burying their long standing differences." 5. The Hon'ble Supreme Court in the case of Ramgopal and Another vs. State Of Madhya Pradesh reported in AIR 2022 (14) SCC 531 has observed that notwithstanding the limitation provided under Section 320 of Cr.P.C., this Court in exercise of its inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings, which are registered for non compoundable offences taking into consideration the nature of allegations, gravity of offences, relationship between the parties and also the nature of settlement arrived between the parties. 6. A perusal of the material on record would go to show that parties to this petition are all relatives and at the intervention of elders and well wishers, they have arrived at a settlement and they intend to give a quietus to the dispute and live peacefully in future. Under the circumstances, I am of the opinion that in order to do complete justice to the parties, the prayer made in the petition needs to be granted. Accordingly, the following order:- - 8 - NC: 2025:KHC-K:1823 CRL.P No. 200457 of 2025 7. The petition is allowed. The entire proceedings in CC No.51/2024 pending before the Court of Senior Civil Judge and JMFC, Muddebihal, Vijayapura, arising out of Crime No.69/2023 registered by Muddebihal Police Station, Vijayapura, for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 341, 307, 354, 504, 506 read with Section 149 of IPC, as against the petitioners herein, is hereby quashed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN