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2026 DAILYLAW 5587 (KAR)

SHRI KRISHNA NAGAYYA GONDA S/O NAGAYYA GONDA v. THE STATE OF KARNATAKA

CRL.P/104068/2025 · 2026-02-06

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1784 CRL.P No. 104068 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 06TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.104068 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI KRISHNA NAGAYYA GONDA S/O NAGAYYA GONDA AGE. 50 YEARS, OCC. COOLI, R/O. 252, HEJJILU, MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 2. SMT. KRISHNE KRISHNA GONDA W/O KRISHNA GONDA AGE. 42 YEARS, OCC. HOUSEHOLD, R/O. 352, HEJJILU, MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 3. SRI HARISH KRISHNA GONDA S/O KRISHNA GONDA AGE. 42 YEARS, OCC. HOUSEHOLD, R/O. 352, HEJJILU, MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 4. SRI BHASKAR KRISHNA GONDA S/O KRISHNA GONDA AGE. 20 YEARS, OCC. COOLIE, R/O. 352, HEJJILU, MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 5. SRI NAGENDRA KRISHNA GONDA S/O KRISHNA GONDA AGE. 29 YEARS, OCC. COOLIE, R/O. 352, HEJJILU, MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 6. SRI NAGESH KRISHNA GONDA S/O KRISHNA GONDA AGE. 22 YEARS, OCC. COOLIE, R/O. 352, HEJJILU, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1784 CRL.P No. 104068 of 2025 MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA 581320. 7. SRI MANJUNATH DURGAPPA NAIK @ M.D. NAIK S/O DURGAPPA NAIK AGE. 59 YEARS, OCC. COOLIE, R/O. KOTKHANDA MARUKERI, TQ. BHATKAL, DIST. UTTAR KANANDA 581320. …PETITIONERS (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BHATKAL RURAL POLICE STATION, R/BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580001. 2. XXXX AGE. 25 YEARS, OCC. HOUSEHOLD, R/O. UTTARA KHARVIWADA, BELAMBAR, TQ. ANKOLA, DIST. UTTARA KANNADA 581320. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. HANUMESH M. DESAI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO QUASHED THE FILING OF COMPLAINT AND FIR BEFORE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, BHATKAL UTTARA KANNADA, IN BHATKAL RURAL P.S CRIME NO.0097/2025 FOR THE OFFENCE UNDER SECTION 69, 89, 318(2), AND 190 OF BNS BY ALLOWING THE PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1784 CRL.P No. 104068 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Memo filed. Placing the memo on record, petition against petition No.7/accused No.8 is dismissed as withdrawn as he has not been charge sheeted. 2. Respondent No.2/complainant is represented by Sri Hanumesh M.Desai, learned counsel, by filing vakalath. 3. All the petitioners/accused so also the victim are present before the Court. They present an application under Section 359 r/w 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Petitioner Nos.1 to 6 have been charge sheeted for the offences punishable under Sections 69, 89, 318(2) and 190 of Bharatiya Nyaya Sanhita, 2023, by the Bhatkal Rural Police Station, Uttara Kannada District, in Crime No.97/2025. 5. On enquiry with the parties, they agree that the dispute among the parties is amicably resolved. Compromise petition is annexed to the application signed by the parties and their respective advocates. - 4 - HC-KAR NC: 2026:KHC-D:1784 CRL.P No. 104068 of 2025 6. On enquiry with the parties, they agree that there is no force, coercion or undue influence in reaching out the true settlement. 7. Even though offences alleged against the petitioners are non compoundable, since there is a true settlement among the parties, this Court is of the considered opinion that the pending proceedings needs to be quashed by following the principles of law enunciated in the case of Ramgopal and another vs State of Madhya Pradesh reported in (2022)14 SCC 531. 8. Accordingly, the following: ORDER (i) Application filed under Section 359 r/w 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed. (ii) Consequently, petition is also allowed. (iii) Pending proceedings arising out of Crime No.97/2025 registered by Bhatkal Rural Police Station, Uttara Kannada District, is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE Kcm Ct-cmu/LIST NO.: 1 SL NO.: 99