Karnataka High Court
Arunkumar S/O. Late Sharanappa vs The State Of Karnataka on 17 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12368
CRL.P No. 103800 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103800 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
ARUNKUMAR S/O. LATE SHARANAPPA,
AGE. 36 YEARS, OCC. BANK MANAGER,
R/O. KARNATAKA GRAMIN BANK,
MORAGIRI VILLAGE, HAGARIBOMMANAHALLI,
VIJAYANAGARA-583 212.
... PETITIONER
(BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
ITTIGI P.S., R/BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
2. SMT. K. BASAVVA D/O SOLLAPPA,
AGE. 55 YEARS, OCC. LABOURER,
R/O. 4TH WARD, SONNA VILLAGE,
Digitally
signed by
RAKESH S H.B. HALLI, VIJAYANAGARA-583 212.
RAKESH HARIHAR
S Location:
HIGH COURT
HARIHAR OF
... RESPONDENTS
KARNATAKA
DHARWAD
BENCH (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. ANAND R. KOLLI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
(UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE PRIVATE
COMPLAINT, FIR IN CRIME NO.31/2023 BY ITTIGI PS FOR THE OFFENCES
PUNISHABLE UNDER SECTION 354B, 354, 351 OF IPC R/W SECTION 3(1)(R),
3(1)(S), 3(2)(V-A) OF SC AND ST (POA ACT), 1989, PENDING ON THE FILE
OF IST ADDL. DISTRICT JUDGE COURT, BALLARI AGAINST
PETITIONER/ACCUSED NO.1, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:12368
CRL.P No. 103800 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The accused is before this Court under Section 528 of the BNSS, 2023 read with Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Crime No.31 of 2023 registered by the Ittigi Police Station, Hadagali Circle, Vijayanagara District for the offences punishable under Sections 354B, 354, 351 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC and ST (POA) Act, pending before the Court of I Additional District and Sessions Judge and Special Judge, Ballari.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner and respondent No.2 jointly submit that there is a case and counter case in respect of the alleged incident that had taken place on 29.11.2022. They submit that in the case which was registered based on the first information submitted by the petitioner herein, the proceedings has been quashed as against the accused therein by a even -3- NC: 2025:KHC-D:12368 CRL.P No. 103800 of 2025 HC-KAR date order passed by this Court in Criminal Petition No.101614 of 2023 connected with Criminal Petition No.102996 of 2023 in view of the settlement arrived between the parties. Therefore, even in this case, in view of the settlement arrived between the parties, the further proceedings in the impugned criminal case may be quashed.
4. Learned HCGP, however has brought to the notice of this Court that FIR has been registered in the present case for non-compoundable offences.
5. This Court, by a even date order passed in Criminal Petition No.101614 of 2023 connected with Criminal Petition No.102996 of 2023 has quashed the criminal proceedings which was initiated based on the first information submitted by the petitioner herein. The alleged incident in both the cases had taken place on 29.11.2022. The parties who are known to each other have decided to settle their inter se dispute and live peacefully in future. -4-
NC: 2025:KHC-D:12368 CRL.P No. 103800 of 2025 HC-KAR
6. The parties who are present before this Court are identified by their respective advocates.
7. The petition filed under Section 320(2) read with Section 482 of the Cr.P.C. is taken on record. The same is signed by the parties and also by their respective advocates. The said petition is supported by the affidavit of the petitioner as well as the affidavit of respondent No.2. In paragraph Nos.2 to 4 of the petition filed under Section 320(2) read with Section 482 of the Cr.P.C., it is stated as follows:
"2) Further submitted thatafter the registration of the complaint the charge sheet has not yet been filed.
It is submitted that after issuance of the notice the complainants family and accused family and also on the advice of the counsel of respective parties the accused person and the complaint/ respondent No. 2 had come to the conclusion for amicable settlements to maintain the peace and harmony and to continue good cordial relationship between accused and complainant family and also to settle the dispute once for all. Hence the same maykindly be accepted by way of the compromise petition and quash the entire proceedings including private complaint, FIR in the interest of justice.
3) It is further submitted that the petitioner/accused and also the complainant are presently good in -5- NC: 2025:KHC-D:12368 CRL.P No. 103800 of 2025 HC-KAR relationship and the complainant is regularly going to the petitioner bank and further by the advice of the elders the said complaint has been registered now to maintain good relation between accused person and complainant also good harmony in the society hence the petitioner request this Hon'ble court to allow the compromise petition and permit to compound the offences.
4) It is further submitted that the petitioner and respondents states that if the compromise petition is allowed there is no hardship nor injustice causes to either side. The contents of the entire compromise petition was read over and explained me in my vernacular language and contents were understood and the present compromise petition and the above compromise petition is filed wilfullywithout any force nor any undue advantage nor it is not violates the rights of the parties. And the above compromise petition explained in detail and we had gone through the same and they are correct to the best of our knowledge."
8. The Hon'ble Supreme Court in the case of Ramgopal and another Vs. State of Madhya Pradesh1, has observed that notwithstanding the limitation as provided under Section 320 of the Cr.P.C., this Court depending upon the nature of settlement and gravity of the alleged offences can quash the criminal proceedings registered even for non-compoundable offences. The 1 2022 (14) SCC 531 -6- NC: 2025:KHC-D:12368 CRL.P No. 103800 of 2025 HC-KAR allegations found in the present case, as against the accused are private in nature and the parties have stated that the settlement arrived between them is voluntary without there being any undue influence and coercion. They have also stated that they intend to give quietus to the inter se dispute and live peacefully in future. Accordingly, the following:
ORDER (I) The Criminal Petition is allowed.
(II) The entire proceedings in Crime No.31 of 2023 registered by the Ittigi Police Station, Hadagali Circle, Vijayanagara District for the offences punishable under Sections 354B, 354, 351 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC and ST (POA) Act, pending before the Court of I Additional District and Sessions Judge and Special Judge, Ballari, against the petitioner is quashed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 2 SL NO.: 2