Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:920 CRL.P No. 103030 of 2022
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103030 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN:
1. B. LATHA W/O B.T. PANDURANGA AGE.48 YEARS, OCC. HOUSEWIFE R/O. 289/53, BANKAPUR NIVAS, WARD NO. 16, NEAR RAGHAVENDRA TALKIES, SINDHAGI COMPOUND, BELLARY 583101. 2. B.T. PANDURANGA S/O B.R. THIPPESWAMY AGE. 54 YEARS, OCC. BUSINESS R/O. 289/53, BANKAPUR NIVAS, WARD NO.16, NEAR RAGHAVENDRA TALIKIES, SINDIGI COMPOUND, BELLARY 583101. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE FOR SRI. V.M. SHEELVANT, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY SUB-URBAN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH. 2. SMT. LAVANYA W/O RAJESH KHANNA AGE. 43 YEARS, OCC. SOCIAL WORKER R/O H.NO. 268/252 SINDAGI COMPOUND BELLARY 583102. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. B.S. SANGATI, ADVOCATE FOR R2)
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:920 CRL.P No. 103030 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER NOS. 1 AND 2 ACCUSED NOS. 1 AND 2 IN BRUCEPET PS, BALLARY CRIME NO. 0101/2022 FOR THE OFFENCES PUNISHABLE U/SEC. 323, 324, 448, 307, 354, 504, 506 R/W 34 OF IPC PENDING ON THE FILED OF I ADDL. CIVIL JUDGE (JR.DIV.) JMFC, COURT, BELLARY AT. BELLARY IN THE INTEREST OF JUSICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri M.L. Vanti, learned counsel appearing for Sri V.M. Sheelant, learned counsel for the petitioners; Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1; and Sri B.S. Sangati, learned counsel for respondent No.2. 2. The accused in Crime No.101/2022 is the petitioner, who has approached this Court under Section 482 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) with the following prayer:
“Wherefore, the petitioner most respectfully prays that the Hon'ble court be pleased to quash the Complaint and FIR registered against petitioner Nos.
1 & 2/ Accused Nos.1 & 2 in Brucepet PS, Bellary Crime No.0101/2022 for the offences
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HC-KAR NC: 2026:KHC-D:920 CRL.P No. 103030 of 2022
punishable under Sections 323, 324, 448, 307, 354, 504, 506 R/w 34 of I.P.C. Pending on the file of 1st Additional Civil Judge (Jr Div) JMFC Court, Bellary at: Bellary in the interest of justice. Grant such other relief's as deemed fit in the circumstances of the case and in the interest of justice.”
3. At the outset, Sri M.L.Vanti, learned counsel, submitted that the petitioners has also lodged a complaint against respondent No.2, who is the complainant in the present case, and that the same is pending investigation in Crime No.102/2022. 4. Sri B.S. Sangati, learned counsel for respondent No.2, submitted that there is no possibility of an amicable settlement, even though the petitioners and respondent No.2 are neighbours. 5. In a case and counter-case, when there is no amicable settlement between the parties, one of the crimes cannot be quashed by exercising the inherent powers under Section 482 of the Cr.P.C. In such circumstances, the
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HC-KAR NC: 2026:KHC-D:920 CRL.P No. 103030 of 2022
investigation has to proceed and the trial must be conducted in accordance with the directions issued by the Full Bench of this Court in State of Karnataka by Circle Inspector of Police Vs. Hosakeri Ningappa and another1 (Hosakeri Ningappa). As such the prayer cannot be granted. 6. Accordingly, without expressing any opinion on the merits of the matter, the following order is passed: ORDER i. The petition is dismissed. ii. The Investigating Officer shall strictly follow the guidelines issued in Hosakeri Ningappa and investigate the matter and file an appropriate final report under Section 173 of the Cr.P.C. Thereafter, if charge sheets are filed, the trial Court shall dispose of both the cases strictly in
1 ILR 2012 KAR 509
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HC-KAR NC: 2026:KHC-D:920 CRL.P No. 103030 of 2022
accordance with the guidelines laid down in Hosakeri Ningappa. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 2 SL NO.: 3