Bilalkhan S/O Riyazahmed Jagirdar vs The State Of Karnataka
2025 Latest Caselaw 725 Kant

Karnataka High Court

Bilalkhan S/O Riyazahmed Jagirdar vs The State Of Karnataka on 7 July, 2025

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                                                           NC: 2025:KHC-D:8448
                                                    CRL.P No. 102566 of 2025


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                              IN THE HIGH COURT OF KARNATAKA,
                                      DHARWAD BENCH

                            DATED THIS THE 7TH DAY OF JULY, 2025

                                          BEFORE
                         THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                            CRIMINAL PETITION NO.102566 OF 2025
                                 (482 OF Cr.PC/528 OF BNSS)

                   BETWEEN:

                   1.   BILALKHAN S/O. RIYAZAHMED JAGIRDAR,
                        AGE: 33 YEARS, OCC: REAL ESTATE,
                        R/AT: OLD HUBBALLI, KILA ROAD,
                        NEAR KANNAD GOVERNMENT SCHOOL,
                        TQ. HUBBALLI, DIST. DHARWAD-580028.

                   2.   MAHAMMASADIQ
                        S/O/ ABDULSAMAD SHOLAPUR.
                        AGE: 20 YEARS. OCC: MOBILE TECHNICIAN,
                        R/AT: GAVI ONI, OPPOSITE HAZRAT
                        MALANG SHAH WALI SHAADI MAHAL,
Digitally signed
by RAKESH S             TQ. HUBBALLI, DIST. DHARWAD-580025.
HARIHAR
Location: High
Court of
Karnataka,
Dharwad Bench
                   3.   SAYYAD SADDAM S/O. SAYYAD AHMED,
                        AGE: 34 YEARS, OCC: REAL ESTATE,
                        R/AT: SRINAGAR, HOUSE NO.44,
                        NEAR AMAN HALL, OLD HUBBALLI,
                        TQ. HUBBALLI, DIST. DHARWAD-580028.

                   4.   IMTIYAZ AHMED
                        S/O. MUSTAK AHMED MANIYAR,
                        AGE: 25 YEARS, OCC: REAL ESTATE,
                        R/AT: ASAR ONI,
                        NEAR GOVERNMENT URDU SCHOOL,
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                                        NC: 2025:KHC-D:8448
                                   CRL.P No. 102566 of 2025


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     OLD HUBBALLI, TQ. HUBBALLI,
     DIST. DHARWAD-580028.
                                             ...PETITIONERS
(BY SRI. GOURISHANKAR MOT, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     VIDYANAGAR POLICE STATION, HUBBALLI,
     REP. BY ITS STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA,
     DHARWAD BENCH, AT: DHARWAD-580011.

2.  SHRI IMRAN S/O. IMTIYAZ MANIYAR,
    AGE: 32 YRS, OCC: LABOURER,
    R/AT: DIVATAGI ONI, NEAR FISH MARKET,
    OLD HUBBALLI, NOW R/AT: SAINAGAR,
    UNKAL, TQ. HUBBALLI,
    DIST. DHARWAD-580021.
                                          ...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, ADV. FOR R1;
    SRI HIRANKUMAR PATEL, ADV. FOR R2)

     THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C.
(528 OF BNSS), SEEKING TO QUASH THE ENTIRE
PROCEEDINGS     AGAINST     THE    ACCUSED     NO.1   TO
4/PETITIONERS AS IN VIDYANAGAR POLICE STATION IN
CRIME NO.0083/2025 FOR THE OFFENCE PUNISHABLE
U/S.189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352,
351(2), 190 OF BHARATIYA NYAYA SANHITA-2023, PENDING
ON THE FILE OF COURT OF 1ST ADDITIONAL CIVIL JUDGE AND
JMFC, AT HUBBALLI, IN THE INTEREST OF JUSTICE.

     THIS PETITION IS COMING ON FOR ADMISSION, THIS
DAY ORDER WAS MADE THEREIN AS UNDER:
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                                         CRL.P No. 102566 of 2025


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                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Shri Gouri Shankar Mot., learned counsel for

the petitioners, Shri Abhishek Malipatil., learned High Court

Government Pleader for respondent No.1 - State and

Sri. Hirankumar Patel., learned counsels for respondent

No.2.

2. The petitioners/accused Nos.1 to 4 have filed

the present petition under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023')

seeking to quash the entire proceedings in Crime

No.83/2025 of Vidyanagar Police Station, pending on the

file of the learned I-Additional Civil Judge and JMFC at

Hubballi, for the offences punishable under Sections

189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352,

351(2) and 190 of Bharatiya Nyaya Sanhita, 2023.

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3. Brief facts of the prosecution case is as under:

The de facto complainant-respondent No.2 lodged

the complaint against petitioners-accused Nos.1 to 4,

alleging that on 15.06.2025 at about 2:00 p.m, on a public

road, near Unkal lKoogu Basappa's Katte, these petitioners

and others picked up quarrel with the de facto

complainant, abused him in filthy language and assaulted

with soda bottle on his forehead, head, face, etc., thereby

causing severe injuries. Thereafter, the injured was shifted

to the hospital, where, he lodged complaint. Based on the

complaint, police have registered a case in Crime

No.83/2025 for the aforesaid offences.

4. During the course of investigation, the

petitioners were arrested and in turn, remanded to judicial

custody. Taking exception to the same, these

petitioners/accused No.1 to 4 filed this petition to quash

the entire proceedings.

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5. Now, the de facto-complainant and the

petitioners have resolved the issues held between them.

In view of settlement, the petitioners and de facto

complainant-respondent No.2 have filed a joint application

under Section 359 (6) and (8) of BNSS, 2023. The

contents of joint application read as under:

"Herein the advocate for the accused No.1 to 4/petitioners and the respondent No.2 submits before this Hon'ble Court as follows;

1) That, in view of the intervention of elders the accused No.1 & 2 /petitioners, respondent No: 2 have mutually agreed to the following terms and conditions mentioned below;

2) That, the respondent no: 2/ complainant had lodged the complaint against the accused No.1 to 4/ petitioners in Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha Sanhita 2023 pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No.83/2025 the dispute as aroused between the petitioners, respondent no: 2 have compromised the matter amicably. Hence in view of the same the petitioners have filed this petition quashing of entire proceeding.

3) The petitioners, respondent no: 2 at the intervention of the well-wishers and the elderly members of both the side family

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members decided to put an end to the dispute between them and accordingly arrived at a settlement of dispute and same is without their being any undue influence, coercion or threat from anybody out of their free will & wish, respondent no: 2 agreed to not to prosecute any other criminal cases nor the above case as same is in personal in nature, accordingly to facilitate compounding of the said offences alleged by the respondent no: 2 against the petitioners herein the above mentioned petition is filed.

4) That the respondent No.2 had received sum of Rs.20,000/- today & also has agreed to close the proceedings as mentioned against the petitioners & also agreed to give up all their claims in respect of said cases as the dispute is in respect of personal in nature the alleged Injury. Hence it is just and necessary to permit the petitioners, respondent no: 2 to compound the said case instead of subjecting the petitioners to face the trial.

5) In view of the above settlement between petitioners, respondent no: 2. The respondent no: 2/ injured is filing the affidavit along with this Joint memo of compromise.

THEREFORE, the petitioners / accused no: 1 to 4, respondent No.2/ complainant / injured humbly prays that, this Hon'ble Court may kindly be pleased to allow the petition and grant permission to compound the said offences and consequently QUASH the further proceeding against the Accused No.1 to 4 / petitioners as in Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha Sanhita - 2023

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pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No.83/2025 and may please to Acquit the said accused no: 1 to 4 / petitioners, in the ends of justice."

6. In view of compromise, the petitioners have

paid a sum of Rs.20,000/- as compensation to the de facto

complainant/respondent No.2 and he has acknowledged

the receipt of aforesaid amount. In support of the joint

application, the de facto complainant-respondent No.2 has

filed an affidavit. The contents of affidavit reads as under;

"AFFIDAVIT

Shri. Imran S/o Imtiyaz Manivar, Age: 32 Yrs, Occ; Labourer, R/At: Divatagi Oni, Near Fish Market, Old Hubballi, Now R/At: Sainagar, Unkal,Tq: Hubballi, Dist: Dharwad - 580

021.Today at Dharwad. I do hereby state on oath as under;

1) I state that, I am the complainant / respondent no: 2 in the above said case.

2) I state that, in view of the intervention of elders the I & petitioners have mutually agreed to the following terms and conditions mentioned below.

3) I state that, I had lodged the complaint against petitioners /accused no. 1 to 4 before the Vidyanagar Police Station in Crime No: 0083/2025 for the offence punishable offence punishable 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2), 190 of Bharatiya Nagarik Suraksha

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Sanhita, 2023 pending on the file of Hon'ble court of 1st Additional Civil Judge & JMFC., At: Hubballi in Vidyanagar Ps Crime No. 83/2025 the dispute as aroused between the accused no. 1 104 / petitioners & have compromised the matter amicably. Hence in view of the same the petitioners have filed this petition quashing of entire proceedings.

4) I further state that, I have agreed to close the proceedings as mentioned against the petitioners, I have also agreed to Give up all my claims in respect of said cases as arouse in the dispute. Further it is submitted that since the dispute between the petitioners and me has been settled amicably and I have agreed not to prosecute / contest the above-mentioned case against the petitioners / accused no. 1 to 4.

Hence, it is just and necessary to permit the petitioners and I to compound the said case instead of subjecting the petitioners to face the trial.

THEREFORE, I humbly pray before this Hon'ble Court may kindly be pleased to allow the petition as prayed by the petitioners / accused no. 1 to 4 in terms of joint application, in the ends of justice."

7. The petitioners have contended that the injuries

sustained by the complainant and 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.

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8. 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

(Narider Singh), 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 482 of Cr.P.C (528 of BNSS) 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. Therefore, considering the principles laid down in

Narinder Singh's case, this Court is of the view that

continuation of trial would not serve useful purpose and

this case is fit for quashing the proceedings. Accordingly,

the following:

ORDER

i. The criminal petition is allowed.

2014 (6) SCC 466

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ii. The entire proceedings in Crime No. 83/2023 of Vidyanagar Police Station, pending on the file of learned 1st Additional Civil Judge and JMFC, Hubballi, for the offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 126(2), 54, 109, 352, 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023, are hereby quashed.

iii. Since, the petitioners are in judicial custody, the concerned police authorities are directed to release accused Nos.1 to 4, if they are not required in any other criminal proceedings.

iv. Pending IA's, if any, stands disposed off.

Sd/-

(VENKATESH NAIK T) JUDGE AM/-

CT-AN