Karnataka High Court
Shri Nagaraj S/O. Siddalingayya ... vs The State Of Karnataka on 24 July, 2025
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CRL.P No. 102749 of 2025
C/W CRL.P No. 103380 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102749 OF 2025
(482 OF Cr.PC/528 OF BNSS)
C/W
CRIMINAL PETITION NO. 103380 OF 2023
IN CRL.P.NO.102749 OF 2025
BETWEEN:
1. SHRI NAGARAJ S/O. SIDDALINGAYYA HIREMATH,
AGED ABOUT 45 YEARS, OCC: ADVOCATE,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
2. SHRI SHIVALINGAYYA @ SHIVASANGAYYA
S/O. MRUTYUNJAYA HIREMATH,
AGED ABOUT 32 YEARS, OCC: AGRI,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
3. LALITAVVA W/O. MRUTYUNJAYA HIREMATH
AGED ABOUT 65 YEARS, OCC: HOUSEWIFE,
Digitally signed by R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
RAKESH S
HARIHAR
Location: High 4. SIDDALINGAYYA S/O. MRUTYUNJAYA HIREMATH
Court of Karnataka,
Dharwad Bench AGED ABOUT 42 YEARS, OCC: AGRI,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
5. SHARANAMMA W/O. NAGARAJA HIREMATH
AGED ABOUT 35 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
6. EARAMMA @ VIRAMMA W/O. GURUPADAYYA HIREMATH
AGED ABOUT 65 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
7. DODDAPPA S/O. CHENNAPPA AVARANI,
AGED ABOUT 45 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
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C/W CRL.P No. 103380 of 2023
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8. SHARANAPPA S/O. MISHIDDAPPA JUGARI
AGED ABOUT 45 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
9. MAHANTAPPA S/O. MISHIDDAPPA JUGARI,
AGED ABOUT 43 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
10. CHANDAPPA S/O. SANGAPPA JUGARI,
AGED ABOUT 40 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
11. BASAVARAJ S/O. SANGAPPA JUGARI
AGED ABOUT 35 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
12. MAHANTAPPA @ MAHANTESH
S/O. SANGAPPA BAJJALA,
AGED ABOUT 47 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
13. GURAPPA S/O. SANGAPPA VAJJAL,
AGED ABOUT 35 YEARS, OCC: COOLIE,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
14. MAHALINGAPPA S/O. SHANKRAPPA MUGALI,
AGED ABOUT 32 YEARS, OCC: COOLIE.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
15. SHIVU @ SHIVARAJ S/O. SANGAPPA JUGERI
AGED ABOUT 29 YEARS, OCC: COOLIE,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
16. BASAVARAJ S/O. SIDDAPPA ADAPURA,
AGED ABOUT 40 YEARS, OCC: WATERMAN,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
17. BASANAGOUDA S/O. MAHANTAGOUDA HAGASIMUNDIN,
AGED ABOUT 65 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
18. SHARANAPPA S/O. SIDDAPPA @ SIDDANAGOUDA
AGASIMUNDIN
AGED ABOUT 50 YEARS, OCC: AGRI.,
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R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
19. ANANDA S/O. BASAVANTHAPPA POLICE PATIL,
AGED ABOUT 31 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
20. SHARANAPPA S/O. SIDDANAGOUDA POLICE PATIL,
AGED ABOUT 45 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
21. MAHANTESH S/O. NINGAPPA VAJJAL,
AGED ABOUT 35 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
22. SHANKRAPPA S/O. KUDLEPPA DEESHETTI,
AGED ABOUT 60 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
23. KUDLEPPA S/O. SHANKRAPPA DESHATTI,
AGED ABOUT 32 YEARS, OCC: AGRI.,
R/O. PURTHAGERI, TQ. KUSTAGI, DIST. KOPPAL.
...PETITIONERS
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH HANUMASAGAR POLICE STATION,
BY SPP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SHRI KALAKAAPPA S/O. MALLESHAPPA SHETTAR,
AGED ABOUT 58 YEARS, OCC: LAW PRACTITIONER,
R/O. PURTHAGERI, TQ. BAGALKOT,
DIST. BAGALKOT-587125.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
SRI. VISHWANATH BADIGER, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO QUASH THE CHARGE
SHEET DATED 24.01.2022 FILED BY THE 1ST RESPONDENT POLICE
AND ENTIRE PROCEEDINGS IN S.C.NO.01/2017 FOR THE OFFENCES
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HC-KAR
PUNISHABLE UNDER SECTION 143, 147, 148, 323, 324, 109, 504,
506(2), 307, 353, 326 R/W. 149 OF IPC PENDING ON THE FILE OF
PRL. DISTRICT JUDGE KOPPAL, OUT OF CRIME NO.01/2016
HANUMASAGAR P.S. TQ. KUSTIGI, DIST. KOPPAL IN SO FAR
PETITIONERS/A2, 4 TO 11, 13 TO 26 ARE CONCERNED, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN CRL. P. NO. 103380 OF 2023
BETWEEN:
SHRI JAGADISH S/O. GURUPADAYYA HIREMATH,
AGED ABOUT 32 YEARS, OCC: AYUSH MEDICAL OFFICER,
R/O. PURTHAGERI, TAL: KUSHTAGI, DIST. KOPPAL-583231.
...PETITIONER
(BY SRI. SHIVAKUMAR S. BADAWADAGI ,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THORUGH HANUMASAGAR POLICE STATION,
BY SPP HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI KALAKAAPPA S/O. MALLESHAPPA SHETTAR,
AGED ABOUT 58 YEARS, OCC: LAW PRACTITIONER,
R/O. PURTHAGERI, TQ. BAGALAKOT,
DIST. BAGALKOT-587125.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
SRI VISHWANATH BADIGER, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO ALLOWED THE
PETITION AND QUASH THE ORDER DATED 23.02.2023 IN S.C. NO.
01/2017 PASSED BY PRL. AND SESSIONS AND SPECIAL JUDGE AT
KOPPAL FOR OFFENCE PUNISHABLE UNDER SECTIONS 143, 147,
148, 323, 324, 109, 504, 506(2), 307, 353, 149 OF IPC, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri Shivakumar S. Badawadagi, learned counsel
for the petitioners, Sri Abhishek Malipatil, learned High
Court Government Pleader for respondent No.1 - State and
Sri Vishwanath Badiger, learned counsel for respondent
No.2 in both the petitions.
2. Criminal Petition No.102749/2025 is filed by the
petitioners - accused Nos.2, 4 to 11 and 13 to 26 and
Criminal Petition No.103380/2023 is filed by the
petitioners - accused No.3 under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023')
seeking to quash the charge sheet and the impugned
order dated 23.02.2023 passed in S.C. No.1/2017 by the
learned Principal District and Sessions Judge, Koppal
(arising out of Crime No.1/2016 of Hanumasagar Police
Station, Taluk Kushtagi, District Koppal), insofar as they
relate to the offences punishable under Sections 143, 147,
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148, 323, 324, 109, 504, 506(2), 307, 353 and 326 read
with Section 149 of the Indian Penal Code.
3. The brief facts of the prosecution case, which is
as under:
On 05.01.2016 at around 1:00 p.m., the petitioner -
accused No.3 along with the other co-accused, allegedly
formed an unlawful assembly near Shri Somanath Temple,
armed with sticks, they assaulted the complainant using a
fire stick, attempted to murder him by strangling his neck,
obstructed public officials from performing their duties,
and issued life threats with dire consequences. Based on
these allegations, a complaint was filed, which led to
registration of an FIR and the initiation of investigation.
4. Now, the de facto complainant and the
petitioners have resolved the issues held between them.
In view of settlement, the petitioners and the de facto
complainant have filed a joint application under Section
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482 read with Section 320 of Cr.P.C. The contents of joint
application read as under:
"1) That for the reason stated in the
accompanying affidavits this Hon'ble Court may
kindly permit the parties to compound the
proceedings in S.C No: 1/2017 pending before the
learned Principle Sessions and Special Judge Koppal
for the offences punishable U/s., 143, 147, 148, 323,
324, 326, 307, 504, 506(2) registered in Crime No:
1/2016 of Hanumasagar police, in the interest of
justice.
2) It is submitted that the petitioners in both
the petitions and the complainant have both resolved
the dispute at the intervention of entire village as the
case resulted in complete disharmony in the village
as all the village members are made party to the
criminal case.
3) It is submitted that the incident was
happened accidentally as no one was aware that
such an incident will takes place and the same has
resulted due to some civil disputes between the
parties and hence the elders of the village have
intervened and advised both the parties to settle the
dispute and the same has been done to maintain
peace and harmony in the village and in the incident
no one was got hurt seriously and hence the alleged
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offences are incorporated by the police and if the
same is not compounded both sides will be put to
great hardship, and on the contrary if the same is
allowed no loss or hardship will be caused to
anybody. It is submitted that this Hon'ble court be
pleased to consider the reasons assigned in the
affidavit accompanying this application as part and
parcel of this application as all the complainant and
all the injured persons have filed their affidavits for
compounding the cases lodged against the
petitioners in both the petitions to meet the ends of
justice and equity.
Hence it is hereby prayed that this Hon'ble
court to meet the ends of justice and to maintain
peace and tranquility in the village permit both the
Complainant and petitioners/Accused persons to
compound the offences. alleged against them in
Crime No: 1/2016 registered by the Hanumasagar
police and later on the same has been committed to
the District and Sessions Judge Special Court at
Koppal in SC No: 1/2017 for the offences punishable
under section U/s. 143, 147, 148, 323, 324, 109,
504, 506(2), 307, 533, 326 R/w 149 of IPC in the
interest of justice and equity."
5. Learned counsel for the petitioners contended
that the injuries sustained by the complainant and other
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injured persons are minor in nature, and the offences
arises out of a personal and private dispute, with no
element of public interest or serious criminality involved.
6. In view of the above facts and considering the
judgment of the Apex Court in the case of Narinder
Singh and others vs. State of Punjab and another1,
where it was held that the criminal proceedings involving
personal disputes and minor injuries can be quashed upon
genuine compromise to secure the ends of justice. The
Apex Court observed that the Courts have power under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023
(Section 482 of Cr.P.C.) to quash criminal proceedings
even in non-compoundable offences if the parties have
settled the matter amicably, especially where the dispute
is private and personal in nature.
7. In the instant case, the de facto complainant
and the other injured parties have resolved their disputes.
2014 (6) SCC 466
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However, there remains an allegation of assault or use of
criminal force against public servants, who are not before
the Court. Therefore, counsel for the petitioners has
submitted that the entire proceedings may be permitted to
be compounded, except for the offence under Section 353
of the Indian Penal Code.
8. There is no prohibition under the law for
quashing the charge sheet in part. Having regard to the
settled legal position on external interference in
investigation and considering the specific facts of this
case, this Court is of the view that, in order to secure the
ends of justice, particularly as the incident involves
members of the entire village, there is no prohibition
against quashing the charge sheet in part. However, since
there are specific allegations of assault or use of criminal
force against a public servant, the offences pertaining to
such conduct cannot be quashed.
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9. The Hon'ble Apex Court in the case of Hitesh
Verma vs. The State of Uttarakhand and another2 at
para 9 has held as under:
"9. Having regard to the settled legal position
on external interference in investigation and the
specific facts of this case, we are of the view that the
High Court ought to have exercised its jurisdiction
under Section 482 CrPC to secure the ends of justice.
There is no prohibition under law for quashing a
charge-sheet in part. A person may be accused of
several offences under different penal statutes, as in
the instant case. He could be aggrieved of prosecution
only on a particular charge or charges, on any ground
available to him in law. Under Section 482, all that
the High Court is required to examine is whether its
intervention is required for implementing orders
under the Criminal Procedure Code or for prevention
of abuse of process, or otherwise to secure the ends
of justice. A charge-sheet filed at the dictate of
somebody other than the police would amount to
abuse of the process of law and hence the High Court
ought to have exercised its inherent powers under
Section 482 to the extent of the abuse."
AIR 2020 SCC 5584 / (2020) 10 SCC 710
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10. Therefore, considering the principles laid down
in Narinder Singh and Hitesh Verma cases, this Court is
of the view that the continuation of the trial would not
serve any useful purpose. This case is fit for quashing the
proceedings insofar as the offences punishable under
Sections 143, 147, 148, 323, 324, 109, 504, 506(2), 307,
and 326 read with Section 149 of the Indian Penal Code
are concerned, except for the offence under Section 353 of
the Indian Penal Code. All the petitioners shall face trial
before the Trial Court in respect of the offence punishable
under Section 353 of the Indian Penal Code.
11. Accordingly, I proceed to pass the following:
ORDER
i. The criminal petitions are allowed.
ii. The charge sheet and the impugned order dated
23.02.2023 passed in S.C. No.1/2017 by the
learned Principal District and Sessions Judge,
Koppal (arising out of Crime No. 1/2016 of
Hanumasagar Police Station, Taluk Kushtagi,
District Koppal), insofar as they relate to the
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offences punishable under Sections 143, 147,
148, 323, 324, 109, 504, 506(2), 307, and 326
read with Section 149 of the Indian Penal Code,
are hereby quashed. However, the proceedings
shall continue in respect of the offence punishable
under Section 353 of the Indian Penal Code.
iii. Petitioners shall face trial before the jurisdictional
Court in respect of the offence punishable under
Section 353 of the Indian Penal Code.
iv. Pending I.As., if any, stand disposed off.
v. The Registry to intimate this order to the Trial
Court, forthwith, for further action, in accordance
with law.
Sd/-
(VENKATESH NAIK T)
JUDGE
Rsh /ct-an
List no.: 2 sl no.: 36
