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2026 DAILYLAW 52681 (KAR)

SRI SANJAY PRASAD S/O JAI PRASAD v. THE STATE OF KARNATAKA

CRL.P/102351/2025 · 2026-01-28

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1062 CRL.P No. 102351 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102351 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI SANJAY PRASAD S/O JAI PRASAD, AGED ABOUT 45 YEARS, OCC. RAILWAY EMPLOYEES. 2. CHANDRAVATI W/O SANJAY PRASAD AGED ABOUT 37 YEARS, OCC. HOUSE WIFE. BOTH RESIDENTS OF RAIL NAGAR, HOUSE NO.1460/B, GADAG ROAD, HUBBALLI, TQ. HUBBALLI, DIST: DHARWAD-580020. …PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KESHAVAPUR POLICE STATION, HUBLI NORTH SUB-DIVISION, HUBLI, REPRESENTED BY STATE PUBLIC PROSECUTOR, DHARWAD. 2. SMT. PRIYANKA KUMARI, W/O AJAY KUMAR GOATAM, AGED ABOUT 36 YEARS, OCC. HOUSEWIFE, R/O. RAIL NAGAR, H.NO. 1460/B GADAG ROAD, HUBBALLI-580020. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. S.B. DODDAGOUDAR, ADVOCATE FOR R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1062 CRL.P No. 102351 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 3379/2022 (ARISING OUT OF CRIME NO. 134/2022 OF KESHAVAPUR P.S.) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 448, 504, 506 R/W SEC. 34 OF IPC, ON THE FILE OF JMFC II COURT, HUBBALLI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Gurudev I.Gachchinamath, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri S.B.Doddagoudar, learned counsel for respondent No.2. 2. Petition under Section 482 of Cr.P.C. with the following prayer: “To quash the entire proceedings in C.C.No.3379/2022 (arising out of Crime No. 134/2022 of Keshavapur P.S.) For the alleged offences punishable under Sections 323, 324, 448, 504, 506 r/w Sec. 34 of IPC, on the file of JMFC II Court, Hubballi.” 3. There is a counter complaint filed by respondent No.2. There is no possibility of amicable settlement in view of the nature of allegations levelled against the accused persons in the complaint filed by the present petitioners. - 3 - HC-KAR NC: 2026:KHC-D:1062 CRL.P No. 102351 of 2025 4. Therefore, there cannot be any order quashing the criminal case of the present petitioners in view of the dictum of the Hon'ble Full Bench of this Court in the case of State of Karnataka v. Hoskeri Ningappa reported in ILR 2012 KAR 509. 5. Accordingly, following: ORDER i. Petition is dismissed. ii. Present case in C.C.No.3376/2022 and C.C.No.3379/2022 are ordered to be tried strictly in accordance with the directions issued by the Full Bench of this Court in Hoskeri Ningappa’s case supra. Sd/- (V.SRISHANANDA) JUDGE CLK LIST NO.: 2 SL NO.: 42