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2026 DAILYLAW 16738 (KAR)

SRI. SURAJ @ SURAJ SHEVANTIGE v. STATE OF KARNATAKA

CRL.P/15080/2025 · 2026-02-26

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15080 OF 2025 C/W CRIMINAL PETITION NO. 14094 OF 2025 IN CRL.P No. 15080/2025: BETWEEN: 1. SRI SURAJ @ SURAJ SHEVANTIGE C/O PRAMOD SHEVANTIGE AGED ABOUT 40 YEARS RESIDING AT NO.26 AVINAHALLI SAGAR ROAD AVINAHALLI, SAGAR - 577 453 SHIVAMOGGA. 2. SRI RAGHUNANDAN @ RAGHUNANDAN SUNNAGHATTA PUTTASWAMY S/O PUTTASWAMY S.N AGED ABOUT 40 YEARS RESIDING AT NO.879 4TH MAIN, 4TH CROSS MC LAYOUT, BENGALORE NORTH VIJAYANAGARA, BANGALORE - 560 040. 3. SRI DESAYE VEERABHADRA @ VEERABHADRAPPA DESAI S/O PITAMBARAPPA AGED ABOUT 56 YEARS RESIDING AT:B.C. 100, CAMP. PO. BELAGAUM RECORDS MLI BELAGAVI - 590 009. 4. SRI KEMPANNA @ KEMPANNA DODDA GOUDAR S/O DUNDAPPA AGED ABOUT 42 YEARS RESIDING AT:AMMANAGI VILLAGE BELAGAVI - 591 236. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 5. SRI SHIVAKUMAR H.B S/O HOLACHE BORAIAH AGED ABOUT 35 YEARS RESIDING AT:NEAR BACHABORANAHATTI GONUR POST, CHITRADURGA TALUK - 577 517. 6. SRI SIDDESH T S/O THIMMANNA AGED ABOUT 23 YEARS RESIDING AT: JAMPANNA NAYAKANA KOTE CHITRADURGA TALUK - 577 532. …PETITIONERS (BY SRI GOUTHAM K.V, ADV.) AND: 1. STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. PRASHANTHA S AGED ABOUT 34 YEARS RESIDING AT: NO.181 PRASHANTHI NILAYA 9TH CROSS, SAHYADRI BADAVANE CHITRADURGA, KARNATAKA - 577 501. …RESPONDENTS (BY SRI VINAY M, HCGP FOR R-1; SRI M.G. RAGHAVENDRA, ADV., FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.397/2025 REGISTERED BY CHITRADURGA RURAL P.S., AGAINST THE PETITIONERS AGAINST FOR THE OFFENCES P/U/S 3(2)(v-a),3(1)(s) OF THE SC/ST (POA) ACT, 1989, U/S 126(2),115(2),351(2),190,74 OF BNS, 2023, PRODUCED AS ANNEXURE-A. - 3 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 IN CRL.P NO. 14094/2025: BETWEEN: 1. SMT VANARASA USHA KUMARI W/O REKNAR BALA PRASAD AGED ABOUT 73 YEARS. 2. SRI REKNAR BALA PRASAD S/O LATE REKNAR CHALAPATHI RAO AGED ABOUT 75 YEARS. BOTH ARE RESIDING AT NO.181 PRASHANTHI NILAYA, 9TH CROSS 3RD BLOCK, K.H.B. COLONY IUDP LAYOUT, CHITRADURGA TOWN - 577 501 MOB 8884137137. ...PETITIONERS (BY SRI M.G. RAGHAVENDRA, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560 001. 2. SRI RANJITH KUMAR S/O LATE RAJA AGED ABOUT 37 YEARS ADMINISTRATION OFFICER SY.NO.557/2, D.S.HALLY VILLAGE KASABA HOBLI, CHITRADURGA M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED TALUK AND DISTRICT - 577 502 MOB 9916300009. EMAIL RANJITH.K@ENERPARC.IN. ...RESPONDENTS (BY SRI VINAY M, HCGP FOR R-1; SRI GOWTHAM K.V, ADV. FOR R-2) - 4 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.399/2025 REGISTERED BY CHITRADURGA RURAL P.S., FOR THE OFFENCES P/U/S 190,324(4),329(3),351(2),352 OF BNS, PENDING ON THE FILE OF 1st ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, AT CHITRADURGA, VIDE ANNEXURE F AND G IN SO FAR PETITIONERS CONCERNED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL COMMON ORDER 1. These two criminal petitions filed under Section 528 of BNSS 2023 arise between the same parties from a case and counter case registered in Crime No.397 of 2025 and 399 of 2025 by Chitradurga Rural Police Station and therefore, they are heard together and disposed of by this common order. 2. Facts leading to filing of these two criminal petitions narrated briefly are:- In respect of the incident that had taken place on 28.09.2025 within the jurisdiction of Chitradurga Rural Police Station, Chitradurga, respondent no.2 in Criminal Petition No. 15080 of 2025 had filed a first information which had resulted in registering FIR in Crime No.397 of 2025 against the petitioners in Criminal Petition No.15080 of 2025 for offences - 5 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 punishable under Sections 126(2), 115(2), 351(2), 190 & 74 of BNS, 2023 and Sections 3(2), (v-a), 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. With a prayer to quash the entire proceedings in Crime No.397 of 2025, the accused in the said FIR are before this Court in Criminal petition No.15080 of 2025. 3. In respect of the very same incident, respondent no.2 in Criminal Petition No.14094 of 2025 had filed a counter case which was registered in Crime No.399 of 2025 by the Chitradurga Police Station and accused no.1 and accused no.2 in Crime No.399 of 2025 have approached this Court in Criminal Petition No.14094 of 2025 with a prayer to quash the entire proceedings in Crime No.399 of 2025 against them. 4. Learned counsel for the parties in these two petitions jointly submit that, the dispute between the parties is now amicably settled at the intervention of elders and well- wishers of the parties and the settlement arrived between the parties is already reported before the jurisdictional civil Court in O.S.No.474 of 2025. They submit that, in both the petitions parties have filed joint memo reporting settlement and submit - 6 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 that settlement arrived between the parties is voluntary, without there being any undue influence and coercion. The parties intend to give a quietus to their inter se dispute and live peacefully in future. The parties, who are present in person before the Court are identified by their respective advocates. The joint affidavit / joint memo filed in Criminal Petition No.15080 of 2025 and Criminal Petition No.14094 of 2025 are taken on record. 5. In paragraph nos.3 & 4 of the joint affidavit filed in Criminal Petition No.15080 of 2025 it is stated as follows: - "3. We submit that, there is a civil proceedings pending amongst the parties with regards to the right of way in OS No.474 of 2025, in the files of the IIIrd Additional Civil Judge & JMFC. Chitradurga and that pursuant to the same, we have amicably resolved the disputes between us as on 28.01.2026. Pursuant to said settlement, Respondent No.2 has agreed to withdraw the allegations levelled against Petitioners and has agreed to cooperate with the Petitioners for quashing of the FIR in Crime No.397/2025, registered by Chitradurga Rural Police Station for the alleged offences under sections 3(2) (v-a), 3(1) ®, 3(1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 126 (2), 115(2), 351(2), 190 and 74 of the Bharatiya Nyaya Sanhita, 2023. - 7 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 4. We have settled and amicably resolved the dispute as against each other, no useful purpose is likely to be served to continue with the proceedings of the aforesaid case, hence the present petition. We have resolved the dispute between us unconditionally." 6. In the joint memo filed in Criminal Petition No.14094 of 2025 in paragraph nos.5 and 6, it is stated as follows. "5) In the above said situation and circumstances with the intervention and advised by the Elders, Family members, friends and well-wishers on 28.01.2026, both the parties have jointly amicably settled their issues before Hon'ble III Additional Civil Judge Junior Division, at Chitradurga in O.S.No.474/2025 by filing joint compromise petition under Order XXIII Rule 3 read with section 151 of the Code of Civil Procedure and both the parties jointly undertaken that they are full free consent to Quash the FIR and Complaint before Hon'ble High Court of Karnataka in Crl.P.No.14094/2025. The Certified Copy of the Entire Order Sheet and Compromise Petitioner are herewith produced for kind perusal of this Hon'ble Court. (Enclosed herewith) 6) It is further submit that, the alleged sections i.e., 324(4) & 351(2) are the compoundable offences and Section 190, 329(3) and 352 are the non-compoundable offences. The above said offences are not a heinous crime. The Parties have settled disputes voluntarily, without coercion, and often to restore relationship and - 8 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 social harmony, the matter particularly civil in nature. The both the parties have no objection to Quash the FIR and Complaint and further closing this case. The 2nd Respondent/De-facto Complainant states that he is not interested in prosecuting the Petitioners and their relatives further." 7. From the aforesaid it is seen that, the civil dispute between the parties is already settled based on the compromise petition filed by them before the jurisdictional civil Court in O.S.No.474/2025. It is submitted before this Court that parties intend to give quietus to their inter se dispute and live peacefully in the future. 8. The Hon'ble Supreme Court in the case of RAMGOPAL AND ANOTHER Vs. STATE OF MADHYA PRADESH - 2021 SCC ONLINE SC 834, has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C, in cases where the parties have amicably settled the dispute taking into consideration the gravity of offences and nature of settlement this Court, in exercise of its powers under Section 482 of Cr.P.C, can quash the criminal proceedings registered even for non compoundable offences. - 9 - HC-KAR NC: 2026:KHC:12071 CRL.P No. 15080 of 2025 C/W CRL.P No. 14094 of 2025 9. In view of the aforesaid, I am of the opinion that, it is a fit case where this Court needs to exercise its inherent jurisdiction under Section 482 of Cr.P.C, so as to do complete justice to the parties, who are before this Court. 10. Accordingly, the Criminal petitions are allowed. The impugned proceedings in Crime No.397 of 2025 and 399 of 2025 registered by Chitradurga Rural Police Station, Chitradurga against the petitioners in the above-captioned two criminal petitions are quashed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 3 Sl No.: 15