Karnataka High Court
Pundalik Shankar Pujeri vs State Of Karnataka on 26 June, 2025
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CRL.P No. 102407 of 2025
C/W CRL.P No. 102199 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102407 OF 2025
(482 OF Cr.PC/528 OF BNSS)
C/W
CRIMINAL PETITION NO.102199 OF 2024
IN CRL.P.NO.102407 OF 2025
BETWEEN:
1. VINAY LAXMAN CHOUGULE,
AGE ABOUT 34 YEARS,
OCC: BUSINESS.
2. AMAR BHARAMA NAGARALE,
(SHOWN AS CHOUGULE),
AGED ABOUT 40 YEARS,
OCC: ADVOCATE.
Digitally signed
by RAKESH S
HARIHAR
Location: High 3. LAXMAN BHARAMA CHOUGULE,
Court of
Karnataka, AGED ABOUT 68 YEARS, OCC: ADVOCATE,
Dharwad Bench
ALL ARE RESIDING AT SATISH NILAYA,
JALAPUR ROAD, RAIBAG-591317,
TQ. RAIBAG, DIST. BELAGAVI.
...PETITIONERS
(BY SHRI RAJASHEKHAR BURJI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY RAIBAG POLICE STATION,
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RAIBAG-591317, TQ. RAIBAG,
DIST. BELAGAVI, REP. BY S.P.P.,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. APPASAB ADIVEPPA GHENANI,
AGED ABOUT 51 YEARS,
OCC: AGRICULTURE,
R/O. HALLUR HARI TOTA,
RAIBAG-591317, TQ. RAIBAG,
DIST. BELAGAVI.
...RESPONDENTS
(BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1;
SHRI ABHINANDAN M. GUNDAWADE, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) SEEKING TO ALLOW
THE CRIMINAL PETITION AND QUASH THE IMPUGNED PROCEEDINGS
INITIATED BY THE RESPONDENT NO.2 IN C.C.NO.1007/2018 ON THE
FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3 FOR THE OFFENCE PUNISHABLE
SECTIONS 324 AND 504 READ WITH 34 OF INDIAN PENAL CODE,
1860 IN PURSUANCE OF FIR (CRIME NO.249/2018) REGISTERED
BEFORE THE RAIBAG POLICE STATION, RAIBAG TQ. RAIBAG DIST.
BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.P.NO.102199 OF 2024
BETWEEN:
1. PUNDALIK SHANKAR PUJERI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. MEKHALI, TQ. RAIBAG,
DIST. BELAGAVI-590001.
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2. ASHOK BEERAPPA PUJERI,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. MEKHALI, TQ. RAIBAG,
DIST. BELAGAVI-590001.
...PETITIONERS
(BY SHRI ABHINANDAN M. GUNDAWADE, ADV.)
AND:
1. STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD-580001,
THROUGH RAIBAG P.S.
2. LAXMAN BHARMAPPA CHOUGULE,
AGE: YEARS, OCC: ADVOCATE,
R/O. JALAPUR ROAD, RAIBAG,
DIST. BELAGAVI-590001.
...RESPONDENTS
(BY SHRI ABHISHEK MALIPATIL, HCGP FOR R1;
SHRI RAJASHEKHAR BURJI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST
THE PETITIONERS/ACCUSED NO.4 AND 5 IN C.C.NO.923/2017
(CR.NO.343/2016 THROUGH RAIBAG P.S.) PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC COURT, RAIBAG, FOR THE
ALLEGED OFFENCES UNDER SECTIONS 143, 147, 148, 448, 427,
504, 506 R/W.149 OF INDIAN PENAL CODE AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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COMMON ORAL ORDER
(PER: THE HON’BLE MR. JUSTICE VENKATESH NAIK T)
Criminal Petition No.102407/2025 petition has been
filed by the petitioners – accused Nos.1 to 3 to quash the
entire proceedings in C.C.No.1007/2018 pending on the file
of the Principal Civil Judge and JMFC, Raibag (“the Trial Court
for short) registered against them for the offences
punishable under Section 324 and 504 read with Section 34
of Indian Penal Code (“IPC” for short), whereas Criminal
Petition No.102199/2024 has been filed by the petitioner –
accused Nos.4 and 5, to quash the proceedings initiated
against them in C.C.No.923/2017 pending before the Trial
Court, registered for the offences punishable under Sections
143, 147, 148, 448, 427, 504, 506 read with Section 149 of
IPC. Since both cases arise out of a case and counter-case,
they are disposed of by this common order.
2. The petitioners and de-facto complainant in both
criminal petitions are present before the Court.
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3. The counsels for the petitioners, learned High
Court Government Pleader and learned counsel for de-facto
complainant are also present in both the criminal petitions.
4. Both the criminal petitions, common compromise
petition has been filed under Section 320 of the Criminal
Procedure Code, 1973 (“Cr.P.C.” for short) [Under Section
359 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”
for short)], seeking to quash the entire proceedings in
C.C.No.1007/2018 and in C.C.No.923/2017 pending before
the Trial Court.
5. The common compromise petition filed by the
petitioners and de-facto complainants in both the criminal
petitions is duly signed by them and their respectively
counsels.
6. The contents of the common compromise petition
filed in both the criminal petitions reads as under:
“Herein the petitioners and the respondents most
respectfully file this compromise petition as under:
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1. That, the petitioners in Crl.P.No. 102199/2024,
filed the present petition for quashing of the proceedings
against them in C.C.No.923/2017, on the file of Principal
Civil Judge and JMFC Court, Raibag, for the alleged
offences U/sec. 143, 147, 148, 448, 427, 504, 506 R/w.
section 149 of IPC.
2. That, the petitioners in Crl.P.No.102407/2025,
filed the petitioner for quashing of the proceedings
against them in C.C.No.1007/2018 on the file of
Principal Civil Judge and JMFC, Raibag, for the offence
punishable section 324, 504 read 34 of Indian Penal
Code, 1860, in pursuance of FIR (Crime No.249/2018).
3. That, by the intervention of the elderly members
of the family as well as the locality the matter and the
dispute between the petitioners and the respondents in
both the petitions have been settled amicably and
intending to close the matter.
4. That, the petitioners and respondents agreed to
close the matter and the dispute among themselves
unconditionally. They do not have any objection to allow
the both the petitions filed against each other.
5. That the parties to both the petitions have also
agreed to withdraw all the allegations made against each
other and intending to withdraw the criminal cases filed
against each other.
6. The amicable settlement among the parties for
the welfare and to avoid unwanted complications against
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each other and to maintain good relationship among
themselves.
7. In order to come to settlement there is no any
kind of force, undue influence, but by own wish and will.
They don’t want or not intending to proceed further with
the case filed against each other.
8. Hence it is most respectfully prayed that, the
Hon’ble Court be pleased to allow both the petitions by
quashing proceedings filed against the petitioners.
Hence, the Hon’ble Court kindly be pleased to allow
present both petitions by allowing the present
application by quashing the proceedings as prayed in
petition in the interest of justice.”
7. In view of the settlement arrived at between the
parties in both the criminal petitions, it is considered
unnecessary to prolong the proceedings. Taking into account
the facts and circumstances of the cases, this Court is of the
opinion that the compromise entered into by the parties in
both the criminal petitions deserves to be accepted.
Accordingly, the entire proceedings in C.C.No.1007/2018 and
proceedings insofar as petitioners – accused Nos.4 and 5 in
C.C.No.923/2017 pending before the Trial Court, are liable to
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be quashed. Therefore, this Court proceed to pass the
following order:
ORDER
(i) The common compromise petition filed under
Section 320 of Cr.P.C. (Under Section 359 of
BNSS, 2023) in both the criminal petitions by
parties is accepted.
(ii) The both the criminal petitions filed under
Section 482 of Cr.P.C. are here by allowed.
(iii) The entire proceedings initiated against the
petitioners in C.C.No.1007/2018 and
proceedings initiated against the petitioners –
accused No.4 and 5 are concerned in
No.923/2017 both pending on the file of
learned Principal Civil Judge and JMFC, Raibagh
are hereby quashed.
It is hereby ordered that the offences punishable under
Sections 324 and 504 in C.C.No.1007/2018 and Sections
143, 147, 148, 448, 427, 504, 506 read with Section 149 of
IPC in C.C.No.923/2017, stand compounded in view of the
settlement arrived at between the parties in both the
criminal petitions.
Sd/-
(VENKATESH NAIK T)
JUDGE
EM /CT-AN
List No.: 1 Sl No.: 14