Karnataka High Court
Dastagir vs The State Of Karnaaka By Market Ps on 15 May, 2025
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NC: 2025:KHC-D:7201
CRL.P No. 101901 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF MAY 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CRIMINAL PETITION NO.101901 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. DASTAGIR,
AGE: 22 YEARS, OCC: NIL,
R/O: KAILEGAR GALLI, BELAGAVI,
BELAGAVI - 01.
2. AAYAN,
AGE: 21 YEARS, OCC: NIL,
R/O: KAKAR GALLI,
BELAGAVI 01.
3. AAJAN,
AGE: 21 YEARS, OCC: NIL,
Digitally signed by
VIJAYALAKSHMI R/O: KAKAR GALLI,
M KANKUPPI
Location: High
BELAGAVI - 01.
Court of
Karnataka,
Dharwad Bench, 4. REHAN,
Dharwad
AGE: 23 YEARS, OCC: NIL,
R/O: SHAHPUR,
BELAGAVI - 01.
...PETITIONERS
(BY SRI. ANWARALI DILAWAR NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH MARKET PS,
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CRL.P No. 101901 of 2025
REPRESENTED BY HIGH COURT
GOVT PLEADER,
OFFICE AT DHARWAD,
HIGH COURT DHARWAD - 580 011.
2. AIJAS TAJUDDIN DESAI,
AGE: 23 YEARS, OCC: NIL,
R/O: 6TH CROSS, AMAN NAGAR,
BELAGAVI - 01.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. MOHAMED SALMAN KAMALAPUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH IMPUGNED
COMPLAINT AND FIR REGISTERED IN CRIME NO.0070/2025 BY
MARKET PS, BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 126(2), 118(2), 118(1), 115(2), 352, 351(3), 3(5)
PENDING ON THE FILE OF II JMFC BELAGAVI, IN THE INTEREST OF
JUSTICE. AMONGST THE OTHER GROUNDS AT THE TIME OF
HEARING AND THE GROUNDS RELIED IN THE AVERMENT MAY BE
CONSIDERED AS PART OF THIS PETITION.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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CRL.P No. 101901 of 2025
ORAL ORDER
The present petition is filed by petitioners/accused
Nos.1 to 4 under Sections 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 ('BNSS, 2023' for short) to quash
the complaint and FIR registered in Crime No.0070/2025
by Market P.S, Belagavi for the offences punishable under
Section 126(2), 118(2), 118(1), 115(2), 352, 351(3), 3(5)
of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'),
pending on the file of JMFC-II Court, Belagavi.
2. Learned counsels appearing for both the parties
have filed application under Section 359 of BNSS/320 of
Cr.P.C R/w Section 528 of BNSS duly signed by accused
Nos.1 to 4 (Petitioners) and de facto complainant
(respondent No.2) affidavit of petitioners and de facto
complainant is also filed.
3. Learned counsel for the petitioners submits that
the injuries sustained by the complainant in the alleged
incident are minor in nature and the offences arises out of
a personal and private dispute, with no element of public
NC: 2025:KHC-D:7201
interest or serious criminality involved. 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) and
reiterated in the case of Ramgopal and Another Vs. The
State of Madya Pradesh2, wherein it has held that even
in non-compoundable offences, if the parties arrive at a
settlement, the Court can consider the same in the
interest of justice. Further, Hon'ble Apex Court observed
that criminal proceedings involving personal dispute and
minor injuries can quashed upon genuine compromise.
4. Having perused the judgments referred above
and taking note that the injuries sustained in this incident
are minor in nature and the parties have amicably settled
the dispute, to give quietus to the dispute, the settlement
is accepted and taken on record. Accordingly, this Court
pass the following:
2014 (6) SCC 466
Criminal Appeal No.1488/2012
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ORDER
i. The Criminal Petition filed under Sections 528
of the Bharatiya Nagarik Suraksha Sanhita,
2023 is allowed.
ii. The complaint and FIR registered in Crime
No.0070/2025 by Market P.S, Belagavi for the
offence punishable under Section 126(2),
118(2), 118(1), 115(2), 352, 351(3), 3(5) of
Bharatiya Nyaya Sanhita, 2023, are hereby
quashed.
__________Sd/-________
JUSTICE K.S.HEMALEKHA
PMP
