Karnataka High Court
Allabakshi (Allasab S/O.Moulasab) S/O … vs The State Of Karnataka on 23 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 103280 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 23RD DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103280 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
ALLABAKSHI @ ALLASAB S/O.MOULASAB
@ S/O MULLASAB NADAF,
AGE. 43 YEARS, OCC. LABOURER,
R/O. BELADHADI VILLAGE,
TQ. AND DIST. GADAG-582 103.
... PETITIONER
(BY SMT. PADMAJA S. TADPATRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH GADAG RURAL POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD-580 011.
2. SMT. LAXMI HANAMANTAPPA SANDIMANI,
AGE. 32 YEARS, OCC. LABOURER,
Digitally
signed by R/O. BELADHADI VILLAGE,
RAKESH S
RAKESH HARIHAR TQ. AND DIST. GADAG-582 101.
Location:
S HIGH COURT ... RESPONDENTS
HARIHAR OF
KARNATAKA
DHARWAD
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
BENCH
SRI. MAQBOOLAHMED M. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
COMPLAINT, FIR AND ENTIRE PROCEEDINGS AT SPL. SC/ST
NO.04/2023 (CRIME NO.0233/2022 AT GADAG RURAL POLICE
STATION) PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS
JUDGE GADAG, PUNISHABLE UNDER SECTIONS 376, 323, 504, 506,
417 OF IPC R/W SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF SC/ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN SO FAR AS
THE PRESENT PETITIONER IS CONCERNED, IN THE INTEREST OF
JUSTICE AND EQUITY.
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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON’BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Learned HCGP is directed to take notice for
respondent No.1.
2. Learned counsel Shri Maqboolahamed M. Patil
has filed vakalath on behalf of respondent No.2.
3. The same is taken on record.
4. The petitioner is before this Court under Section
482 of the Cr.P.C. with a prayer to quash the entire
proceedings in Spl. SC/ST No.4 of 2023 pending before the
Court of Prl. District and Sessions Judge, Gadag, arising out
of Crime No.233 of 2022 registered by Gadag Rural Police
Station under Sections 376, 323, 504, 506 417 of the IPC
and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST
(POA) Amendment Act, 2015.
5. Heard the learned counsel for the parties.
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6. Learned counsel for the petitioner and the
learned counsel for respondent No.2 jointly submit that the
dispute between the parties has been amicably settled. The
petitioner has now married the respondent No.2 and they
are living together as husband and wife. Pendency of the
criminal case is causing hardship to them and they are not
in the position to lead a normal married life. Therefore they
are before this Court and they have filed an application
before this Court seeking permission to compound the
alleged offences.
7. Learned HCGP has brought to the notice of this
Court that charge sheet has been filed for non-
compoundable offences.
8. The Application filed by the parties to the petition
under Section 482 read with Section 320 of the Cr.P.C. is
taken on record.
9. In paragraph No.5 of the application, it is stated
as follows:
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5. At the intervention and advises of elders and well
wishers the petitioner and Respondent No.2 decided
to get married. The Petitioner and Respondent No.2
are now residing under one roof as husband and
wife. Hence, to lead happy and peaceful marital life
the parties agreed to amicably settle the dispute
between them as per the following terms.
i. That, the Petitioner and Respondent No.2 got
married and residing under one roof as
husband and wife. Hence, to lead happy and
peaceful married life the Respondent-2 is
withdrawing all the allegations against
Petitioner.
ii. That, the Respondent No. 2/Complainant
agrees to withdraw the allegations made in
the complaint which was lodged by her on
misunderstanding against the
Petitioner/Accused.
iii. The Respondent No. 2 has no objection to
compound, allow the present petition and to
quash the criminal proceedings pending
before the learned Addl. District and Sessions
Judge, Gadag in SPL. SC/ST No. 04/2023 for
the offence punishable under Sections 376,
323, 504, 506, 417 IP CR/w. Section 3(1)(r),
3(1) (s), 3(2)(va) of SC & ST (Prevention of
Atrocities) Amendment Act 2015 in Crime
No. 0233/2022 against the
Petitioner/Accused.
10. The parties who are present in-person before this
Court are identified by their respective learned advocates.
11. The parties who are before this Court have
stated that the settlement is voluntary, without there being
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any undue influence and coercion. They have also stated
that they are now married and living together as husband
and wife.
12. In the case of RAMGOPAL AND ANOTHER Vs.
STATE OF MADHYA PRADESH1, the Hon’ble Supreme
Court has observed that notwithstanding the limitations
provided under Section 320 of the Cr.P.C., this court in
excise of its powers under Section 482 of the Cr.P.C. can
quash the criminal cases registered for non-compoundable
offences taking into consideration the gravity and nature of
allegations, the nature of settlement and also the conduct of
parties.
13. The dispute between the parties arose after the
petitioner who had a consensual relationship with victim for
a considerable period of time, had sexual intercourse with
her and refused to marry her. The parties who are before
1
AIR 2022 (14) SCC 531
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this Court have stated that they are now married and living
happily as husband and wife.
14. Under the circumstances, I am of the opinion
that this is a fit case, wherein this Court is required to
exercise its inherent powers to do complete justice to both
the parties. Accordingly, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The entire proceedings in Spl. SC/ST No.4
of 2023 pending beforPrl. District and
Sessions Judge, Gadag, arising out of Crime
No.233 of 2022 registered by Gadag Rural
Police Station under Sections 376, 323,
504, 506 417 of the IPC and Sections
3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST
(POA) Amendment Act, 2015 stands
quashed insofar as the petitioner herein.
Sd/-
( S.VISHWAJITH SHETTY)
JUDGE
VNP, RSH / CT:BCK
LIST NO.: 1 SL NO.: 71
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