Karnataka High Court
Manjunatha S/O. Krishnappa Bhandari ... vs The State Of Karnataka on 13 May, 2025
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NC: 2025:KHC-D:7187
CRL.P No. 101914 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF MAY 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CRIMINAL PETITION NO.101914 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MANJUNATHA
S/O. KRISHNAPPA BHANDARI @ SCIENTISTMANJA,
AGE: 35 YEARS, OCC: BUSINESSMAN,
R/AT: GOPANKOPPA SHIVA COLONY,
TQ: HUBBALLI, DIST: DHARWAD - 580 028.
2. MALA W/O. MANJUNATH BHANDARI,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/AT: CHETANA COLONY, GOPANAKOPPA,
HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD - 580 020.
Digitally signed by
ASHPAK
KASHIMSA
MALAGALADINNI 3. MUSKANA D/O. DADAPEER KUNDAGOL,
Location: High
Court of AGE: 19 YEARS, OCC: STUDENT,
Karnataka,
Dharwad Bench,
Dharwad
R/AT: GOPANKOPPA SHIVA COLONY,
TQ: HUBBALLI, DIST: DHARWAD - 580 028.
...PETITIONERS
(BY SRI. G.S.MOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
KESHAVAPUR POLICE STATION,
HUBBALLI, REP. BY ITS
STATE PUBLIC PROSECUTOR,
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NC: 2025:KHC-D:7187
CRL.P No. 101914 of 2025
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD - 580 001.
2. SHRI. ABDULKHADAR
S/O. MAHABUBASAB KUNDAGOL,
AGE: 42 YEARS,
OCC: EMPLOYED IN PRIVATE FIRM,
R/AT: HUBBALLI BENGERI,
NEAR SODA FACTORY, HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD - 580 031.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. ZANZA JOSHI AND SRI. HIRANKMAR PATIL,
ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THE
PETITION AND GRANT PERMISSION TO COMPOUND THE SAID
OFFENCES CONSEQUENTLY QUASH THE FURTHER PROCEEDINGS
AGAINST THE ACCUSED NO.1 TO 3/PETITIONERS AS IN
KESHAVAPUR POLICE STATION IN CRIME NO.0015/2025 FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 109(1), 74, 115(2),
118(1), 329(4), 352, 3(5) OF BHARATIYA NYAYA SANHITA ACT-2023
PENDING IN C.C.NO.937/2025 ON THE FILE OF JMFC II COURT, AT
HUBBALLI AND MAY PLEASE TO ACQUIT THE SAID ACCUSED NO.1
TO 3/PETITIONERS, IN THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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NC: 2025:KHC-D:7187
CRL.P No. 101914 of 2025
ORAL ORDER
1. The present petition is filed by accused Nos.1 to
3 under Sections 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ('BNSS, 2023' for short) to quash the
proceedings pending against the petitioners-accused Nos.1
to 3 in C.C.No.937/2025 on the file of the JMFC II,
Hubballi. FIR was registered at Keshvapur Police Station
in Crime No.15/2025 for the offences punishable under
Sections 109(1), 74, 115(2), 118(1), 3(5), 329(4), 352 of
Bharatiya Nyaya Sanhita, 2023 on completion of the
investigation the charge sheet has been filed.
2. The case of the prosecution is that the
complainant's brother's son Saleem, who is physically
challenged due to polio, was employed by the petitioner
No.1(accused No.1) for taking care of horses. It is alleged
that accused No.1 harassed Saleem and attempted to
involve him in criminal activities. Following the
complainant's advice Saleem left the job. On 08.02.2025
NC: 2025:KHC-D:7187
at 00:15 hours., the petitioners, allegedly enraged,
confronted the complainant, his wife and Saleem near
soda factory, abused and assaulted them, resulting in the
lodging of the FIR. After the investigation, a charge sheet
was filed, and the Court took cognizance registering the
case as C.C.No.937/2025.
3. Petitioners-accused Nos.1 to 3 have now
approached this Court seeking quashing of the
proceedings on the ground that the matter has been
amicably settled between the parties and a joint memo of
compromise has been filed to that effect.
4. Accused Nos.2 and 3 are present before the
Court today representing the petitioners. It is noted that
accused No.1 is in judicial custody, and hence not signed
the joint memo. However, the joint memo is signed by
accused No.2 and 3, the complainant (respondent No.2)
and the injured parties CW6 and CW7 along with joint
memo accused Nos.2, 3, CW6 and CW7 have filed the
affidavits and the same are taken on record.
NC: 2025:KHC-D:7187
5. It is further submitted 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.
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
(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
2014 (6) SCC 466
NC: 2025:KHC-D:7187
continuation of trial would not serve useful purpose and
this case is fit for quashing the proceedings. Accordingly,
the following:
ORDER
i. The petition is allowed.
ii. The entire proceedings pending on the file of
the JMFC II, Hubballi in C.C. No.937/2025 are
hereby quashed.
iii. The concerned Police authorities are directed to
release accused No.1, if he is not required in
any other criminal proceedings.
_________SD/-_________
JUSTICE K.S.HEMALEKHA
AT
CT-ASC
