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Karnataka High Court
Anand vs The State Of Karnataka on 17 March, 2026
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NC: 2026:KHC-K:2481
CRL.P No. 200363 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200363 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. ANAND S/O. SHIVAJI
AGED ABOUT 26 YEARS
OCC AGRI, R/AT.1-891/84/1/195
UDNOOR ROAD
VEERABHADRESHWAR COLONY
GULBARGA CJ COLONY
GULBARGA-585102
2. MALLIKARJUN PUJARI
S/O. MAREPPA PUJARI
AGED ABOUT 21 YEARS
OCC AGRI
Digitally signed by
SHIVALEELA R/AT H.NO E/24-25
DATTATRAYA UDAGI
Location: HIGH COURT MOUNESHWAR NAGAR
OF KARNATAKA
UDNOOR ROAD SANTHOSH COLONY
GULABARGA-585102
...PETITIONERS
(BY SRI. MAHAMAD SHARIF, ADVOCATE
SRI. MAHADEV K. KALE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY UNIVERSITY CITY POLICE STATION
REP BY ADDITIONAL SPP,
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CRL.P No. 200363 of 2026
HC-KAR
HIGH COURT BUILDING,
KALABURGI-585103
2. SURYAKAHNT
S/O. GURULINGAPPA
AGED ABOUT 38 YEARS.
OCC DRIVER AUTO RIKSHAW
R/O UDNOOR KALABURAGI
...RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1;
SRI LADLE MASHAKH JAMAGA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BNSS (NEW), U/S.482 OF CR.P.C.(OLD), PRAYING TO
ALLOW THIS CRIMINAL PETITION AND QUASH FURTHER
PROCEEDINGS COMPLAINT DATED 03.02.2026 AND FIR DATED
03.02.2026 IN CRIME NO.28/2026 OF KALABURAGI
UNIVERSITY POLICE STATION KALABURAGI FOR THE OFFENCE
PUNISHABLE SC AND ST (PREVENTION OF ATROCITIES) ACT,
1989 (U/SEC 3(1)(r)(s)M BNSS 2023 U/SEC 115(2), 351(2),
126(2), 3(5), 352 WHICH IS PENDING ON THE FILE OF THE
COURT OF IIND ADDL DISTRICT AND SESSIONS JUDGE
GULBARGA SO FAR AS PETITIONERS ARE CONCERNED IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2026:KHC-K:2481
CRL.P No. 200363 of 2026
HC-KAR
ORAL ORDER
This criminal petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the
entire criminal proceedings against the petitioners/accused
Nos.1 and 2 in Crime No.28/2026 registered by University
Police Station, Kalaburagi, for the offences punishable
under Sections 3(1)(r)(s) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short, 'the SC/ST (PoA) Act') and Sections 115(2), 351(2),
126(2), 3(5), 352 of Bharatiya Nyaya Sanhita, 2023 (for
short, (BNS, 2023') pending on the file of II-Addl. Dist. &
Sessions Judge, Kalaburagi.
2. The petitioner No.1/accused No.1-Anand,
petitioner No.2/accused No.2-Mallikarjun Pujari and
respondent No.2/complainant-Suryakanth along with their
counsel are present before the Court. Learned High Court
Government Pleader for respondent No.1-State also
present.
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HC-KAR
3. Learned counsel appearing for the petitioners
and respondent No.2 filed joint application under Section
528 of BNSS, 2023 read with Section 359 along with joint
affidavit seeking permission to compound the offences and
to quash the proceedings, which reads as under:
"We Anand, S/o. Shivaji, Aged about 26 years, Occ: Agri
R/at. #1-891/84/1/195, Udnoor Road Veerabhadreshwar
Colony, Gulbarga CJ Colony Gulbarga-585102 Accused
01/Petitioner No.1 and Mallikarjun Pujari S/o. Mareppa
Pujari aged about 21 years, Occ: Agri R/at H.No.E/24-25
Mouneshwar Nagar, Udnoor Road, Santhosh Colony
Gulabarga-585102 Accused 02/Petitioner 02.
2) Suryakahnt s/o. Gurulingappa, aged about 38 years,
Occ:Driver Auto Rikshaw, R/o Udnoor Kalaburagi,
Gulabarga-585102. Defacto Complainant/Respondent-2.
We do hereby solemnly affirm and state on oath as
follows:
1. The Petitioner No.1 and 2 and the complainant/2nd
Respondent in the above case and they are well
acquainted with the facts of the case, they are competent
file the Joint memo.
2. We submit that 2nd Respondent has filed complaint
before the 1st Respondent Police, in Crime No 28/2026,
for the offence punishable under section SC AND THE ST
PREVENTION OF ATTROCITIES) ACT, 1989 (U/s-
3(1)(r)(s)); THE BHARATIYA NYAYA SANHITA (BNS),
2023 (U/s-115(2),351(2), 126(2),3(5),352) on the file of
Kalaburagi City Women Police Station against the
Petitioners. Petitioners and their well-wishers and the 2nd
Respondent and their family members have settled the
matter amicably out of the court. The Second respondent
has no objection to quash the FIR in Crime No 28/2026
which is pending on the file of Which is File pending IN
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HC-KAR
THE COURT OF IInd ADDL DISTRICT & SESSSIONS
JUDGE GULBARGA.
3. We submit that the Respondent No.2 is withdrawing
the case in Crime No.28/2026 without any force or co-
ersion, undue influence, force from anybody etc., they
have no claim whatsoever from each other.
4. For the above stated reason this Hon'ble court may be
pleased to compound the offence and quash the
proceedings in Crime NO 28/2026 which is pending on
the file of Which is File pending. IN THE COURT OF IInd
ADDL DISTRICT & SESSSIONS JUDGE GULBARGA. In
view of the Judgement of the Hon'ble Apex Court in
the case of GIAN SINGH V/s The state of Punjab
and reported in 2012(10) sec 303.
Wherefore, we pray before this Hon'ble Court may be
pleased to allow the application in the interest of justice
and equity.
What is stated above is true and correct to the best of my
knowledge, information and belief."
4. The parties to the proceedings are present
before the Court and they have affixed their signatures on
the application and on the joint affidavit by agreeing the
terms and conditions mentioned in the application.
Petitioner No.1/accused No.1-Anand, petitioner
No.2/accused No.2-Mallikarjun Pujari and respondent
No.2-Suryakant have filed the joint affidavit in which they
have stated that the petitioners, well-wishers and
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respondent No.2 and their family members have settled
the matter amicably out of the Court. They have no
objection to quash the proceedings in Crime No.28/2026,
pending on the file of Addl. Dist. & Sessions Judge,
Kalaburagi. Petitioners and respondent No.2 have
produced their Aadhaar Cards.
5. The learned counsel for the petitioners has
relied on the decisions of the Hon'ble Supreme Court in
the case of Ramawatar vs. State of Madhya Pradesh
reported in (2022) 13 SCC 635 and in Karuppudayar
vs. State Rep. by the DeputySuperintendent of
Police, Lalgudi Trichy & Ors., arising out of Special
Leave Petition (Criminal) No.8778-8779 of 2024.
6. I have examined the materials placed before
this Court.
7. The allegations made in the FIR or in the
complaint even if they are taken on its face value and in
their entirety do not prima facie constitute any offence
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HC-KAR
under the penal provision of SC/ST (PoA) Act, and rest of
the offences under Sections 115(2), 351(2), 126(2), 3(5),
352 of BNS, 2023, are compoundable in nature in view of
Section 359 of BNSS, 2023.
8. The contents of the application are read over
and explained to the parties in Kannada language.
9. This Court satisfies that both the parties have
voluntarily filed this joint application and the joint affidavit
without any coercion, undue influence, fraud or
misrepresentation which appears to be lawful. Hence, the
petitioners and respondent No.2 are permitted to
compound the offences. Consequently, the proceedings
against the petitioners/accused Nos.1 and 2 is liable to be
quashed, since the continuation of proceedings is nothing
but abuse of process of Court.
10. Accordingly, I pass the following:
ORDER
(i) The petition is allowed.
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HC-KAR
(ii) In view of the compromise between the
parties, the entire criminal proceedings against
the petitioners/accused Nos.1 and 2 in Crime
No.28/2026 registered by University Police
Station, Kalaburagi, for the offences
punishable under Sections 3(1)(r)(s) of the
SC/ST (PoA) Act, 1989 and Sections 115(2),
351(2), 126(2), 3(5), 352 of BNS, 2023,
pending on the file of II-Addl. Dist. & Sessions
Judge, Kalaburagi, is hereby quashed.
(iii) Registry to send the copy of this order to the
concerned Court.
Sd/-
(G BASAVARAJA)
JUDGE
SDU
LIST NO.: 1 SL NO.: 42
CT:SI
