SHIVARAJ S/O MALLESHAPPA GOURI v. THE STATE OF KARNATAKA
CRL.P/104854/2025 · 2026-02-18
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 233 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 233 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:2486 CRL.P No. 104854 of 2025 C/W CRL.P No. 104855 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104854 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104855 OF 2025
IN CRL.P.104854/2025 BETWEEN:
1. SHIVARAJ S/O MALLESHAPPA GOURI AGE 39 YEARS, OCC. REAL ESTATE BUSINESS R/O. NEAR MAHABALESHWAR TEMPLE, VEERAPOOR ONI, HUBBALLI PIN CODE 580020. 2. TUSHAR S/O JAYAPAL LANGOTE AGE 39 YEARS, OCC. REAL ESTATE BUSINESS R/O. 1ST CROSS, BASAVA NAGAR, BIDNAL, PINCODE 580020. 3. AJARUDDIN S/O BASHASAB MUNASHI AGE 40 YEARS, OCC. REAL ESTATE BUSINESS R/O OPPOSITE URDU SCHOOL, TABEEBLAL, HUBBALLI PIN CODE 580020. …PETITIONERS (BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH BENDIGERI POLICE STATION HUBBALLI REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:27 +0530
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HC-KAR NC: 2026:KHC-D:2486 CRL.P No. 104854 of 2025 C/W CRL.P No. 104855 of 2025
2. ANNAPOORNA S/O GURUSHIDDAPPA GOURI AGE 22 YEARS, OCC. STUDENT R/O. PATEEL GALLI, BANKAPOOR CHOWK, HUBBALLI, PIN CODE 580028
PRESENTLY RESIDING AT SHARANA NAGAR, HOSAGABBOOR, PIN CODE 580028. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THIS PETITION AND QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN CC.11386/2024, PENDING BEFORE THE 3RD ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI. THE SAID PROCEEDINGS ARISING OUT OF CRIME NO. 12/2024, REGISTERED BY THE BENDIGERI POLICE STATION, HUBBALLI, FOR OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 341, 504, 506, R/W 34 OF THE INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE. IN CRL.P.NO.104855/2025 BETWEEN:
1. GURUSHIDDAPPA S/O SHANKARAPPA GOURI (NAME AS PER CHARGE SHEET) AGE 51 YEARS, AGE REAL ESTATE BUSINESS R/O. PATEEL GALLI, BANKAPOOR CHOWK, HUBBALLI 580028 PRESENTLY RESIDING AT SHARANA NAGAR, HOSAGABBOOR, HUBBALLI PIN CODE 580020. 2. SMT SUMITRA W/O GURUSHIDDAPPA GOURI AGE 38 YEARS, OCC. HOME MAKER R/O. PATEEL GALLI, BANKAPOOR CHOWK, HUBBALLI PIN CODE 580028 PRESENTLY R/AT SHARANA NAGAR, HOSAGABBOR, HUBBALLI, PIN CODE-580020. 3. ANNAPOORNA D/O GURUSHIDDAPPA GOURI AGE 22 YEARS, OCC. STUDENT R/O. PATEEL GALLI, BANKAPOOR CHOWK, HUBBALLI PIN CODE 580028
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HC-KAR NC: 2026:KHC-D:2486 CRL.P No. 104854 of 2025 C/W CRL.P No. 104855 of 2025
PRESENTLY RESIDING AT SHARANA NAGAR HOSAGABBOOR, HUBBALLI PIN CODE 580020. 4.
RENUKA D/O GURUSHIDDAPPA GOURI AGE 51 YEARS, OCC REAL ESTATE BUSINESS R/O. PATEEL GALLI, BANKAPOOR CHOWK, HUBBALLI 580028
PRESENTLY RESIDING AT SHARANA NAGAR, HOSAGABBOOR, HUBBALLI PIN CODE 580020. …PETITIONERS (BY SRI. DARSHAN KALLAGUDI,ADVOCATE) AND:
1. THE STATE OF KARNATAKA, THROUGH BENDIGERI POLICE STATION, HUBBALLI. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD. 2. SHIVARAJ S/O MALLESHAPPA GOURI AGE. 39 YEARS, AGE REAL ESTATE BUSINESS, R/O. NEAR MAHABALESHWAR TEMPLE, VEERAPOOR ONI, HUBBALLI 580020. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. SACHIN C. ANGADI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN CC.11385/2024, PENDING BEFORE THE 3RD ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI. THE SAID PROCEEDINGS ARISING OUT OF CRIME NO. 13/2024, REGISTERED BY THE BENDIGERI POLICE STATION, HUBBALLI, FOR OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 448, 504, 506, R/W 34 OF THE INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE. - 4 -
HC-KAR NC: 2026:KHC-D:2486 CRL.P No. 104854 of 2025 C/W CRL.P No. 104855 of 2025
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Parties present before this Court and filed applications under Section 359 read with Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023 and Section 320 read with Section 482 of Code of Criminal Procedure, 1973.
2. The said applications are supported by affidavit.
3. On enquiry with the parties, they submit that there is a true settlement among them and they do not want the criminal case to continue by compounding the offences alleged against them.
4. In both the cases, the offences alleged against the petitioners are non-bailable in nature and therefore, they cannot be compounded.
5. However, taking note of the fact that there is a true settlement between the parties, following the dictum of the Hon’ble Apex Court in the case of Ramgopal Vs. State
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HC-KAR NC: 2026:KHC-D:2486 CRL.P No. 104854 of 2025 C/W CRL.P No. 104855 of 2025
of Madhya Pradesh1, and also noting the fact that lis is privy to the parties and having no serious social impact, pending proceedings against each other needs to be quashed.
6. Hence, the following:
ORDER (i) The applications stand disposed off. (ii) Both the petitions are allowed. (iii) Consequently, pending proceedings in C.C. No.11386/2024 and C.C. No.11385/2024 (arising out of Crime Nos.12/2024 and 13/2024 respectively of Bendigeri Police Station) on the file of III Additional Civil Judge and JMFC, Hubballi, are hereby quashed.
Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 1 SL NO.: 18
1 (2022) 14 SCC 531