Karnataka High Court
Laxman vs The State Of Karnataka on 28 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 200286 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200286 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. LAXMAN S/O KABIRDAS DASAR,
AGED ABOUT 30 YEARS,
OCC PRIVATE SERVICE.
2. SITABAI W/O KABIRDAS DASAR,
AGED ABOUT 52 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O. MAIN ROAD,
KALABURAGI-585102.
...PETITIONERS
(BY SRI. ANNARAYA, ADVOCATE)
AND:
Digitally signed
by SHIVAKUMAR
HIREMATH
Location: HIGH
1. THE STATE OF KARNATAKA THROUGH,
COURT OF UNIVERSITY POLICE STATION, KALABURAGI,
KARNATAKA
DIST. KALABURAGI-585101.,
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA, KALABURAGI.
2. SMT. SAHADEVI D/O. VENKATESH DASAR,
AGE:38 YEARS, OCC: HOUSEWIFE,
R/O. SAYI MANDIR BACK SIDE, SAYI APARTMENT,
KALABURAGI, DIST. KALABURAGI-585102.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
SRI RAMACHANDRA K., ADVOCATE FOR R2)
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CRL.P No. 200286 of 2025
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528
OF BNSS (NEW) PRAYING TO ALLOW THIS PETITION BY
QUASHING FIR, COMPLAINT, CHARGE SHEET AND ENTIRE
PROCEEDINGS IN CC NO. 74/2024 PENDING ON THE FILE OF
III ADDL. CIVIL JUDGE AND JMFC, KALABURAGI ARISING OUT
OF CRIME NO. 188/2023 REGISTERED BY UNIVERSITY POLICE/
RESPONDENT NO.2 KALABURAGI FOR THE OFFENCES
PUNISHABLE U/SEC. 323, 324, 504, 506 R/W 34 OF IPC. AND
TO GRANT ANY OTHER REMEDY TO WHICH THERE
PETITIONERS ARE FOUND ENTITLED IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 & 2 are before this Court under
Section 528 of BNSS, 2023, with a prayer to quash the
entire proceedings in C.C.No.74/2024 pending before the
Court of III Addl. Civil Judge and JMFC, Kalaburagi, arising
out of Crime No.188/2023 registered by University Police
Station, Kalaburagi for offences punishable under Sections
323, 324, 504, 506 r/w 34 of IPC.
2. Heard the learned Counsel for the Parties.
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CRL.P No. 200286 of 2025
3. Learned Counsel for the petitioners and learned
Counsel for respondent No.2 jointly submit that dispute
between the parties has been amicably settled and they
have today filed an application before this Court under
Section 359 r/w Section 528 of BNS, 2023 with a prayer to
permit the parties to compound the alleged offences and
record the compromise arrived between them.
4. They submit that the dispute between the
parties has been amicably settled at the intervention of
the elders and even the civil dispute between them has
been settled before the Lok-Adalath and therefore, they
intend to give quitus to all the dispute between
themselves.
5. The parties who are present before the Court
are identified by their respective advocates. Learned HCGP
brings to the notice of this Court that offence punishable
under section 324 of IPC is non-compoundable. The
application filed by the petitioners and respondent No.2
under Section 359 r/w Section 528 of BNSS, 2023, is
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CRL.P No. 200286 of 2025
taken on record and in paragraph Nos.2 to 5 of the said
application, it is averred as follows:
“2. That, the respondent No.2 has filed the complaint
before the police concerned and now after advice of
relatives and elders, both the petitioners and
respondent No.2 compromised the matter,
therefore the above proceeding on the complaint of
the respondent No.2 in the C.C No.74/2024
(arising out of crime no.188/2023) before the III
Addl. Civil Judge and JMFC, Kalaburagi for the
offences punishable U/Secs.323, 324, 504, 506 R/W
34 of IPC, may kindly be quashed in terms of
compromise.
3. It is submitted that, the suit was filed by the
complainant herein along with her sister and
mother in O.S No.258/2022 on the file of Prl. CJ
and JMFC, Kalaburagi for partition and separate
possession and injunction. The suit came to be
compromised before Lok Adalat on 14.12.2024. A
decree/award is passed in terms of compromise,
wherein it is agreed by both the parties herein that,
they agree to withdraw all the pending cases
including civil and criminal litigations. It is more
specifically agreed to withdraw C.C No.74/2024 by
parties herein, which is subject matter before this
Hon’ble Court. In view of compromise reached in
suit, in order to maintain smooth relationship, the
petitioners and respondent No.2 compromised the
matter in the above case. The copy of compromise
decree/award dated: 14.12.2024 is already filed
along with main criminal petition. The respondent
No.2 does not want to proceed case in the C.C
No.74/2024 ( arising out of crime no.188/2023)
before the III Addl. Civil Judge and JMFC,
Kalaburagi for the offences punishable U/Secs.323,
324, 504, 506 R/W 34 of IPC. Therefore, in terms of
compromise reached in O.S No:258/2022 therein, it
is most humbly prayed to quash the FIR, Complaint
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CRL.P No. 200286 of 2025and Charge sheet in C.C No:74/2024 and the
Hon’ble Court may kindly be record the compromise
reached herein, in the interest of justice and equity.
4. This Court has got ample of powers to compound
the offence under Section 528 of Cr.P.C.
5. That the petitioners and respondent No.2 put their
signatures after understanding the contents of this
compromise petition.”
6. The application is supported by the affidavit of
petitioner No.1 and respondent No.2. The Hon’ble
Supreme Court in the case of Ramgopal vs. The State of
Madhya Pradesh1 has observed that notwithstanding the
limitations provided under Section 320 of Cr.P.C., the High
Court in exercise of its inherent jurisdiction can quash the
criminal proceedings, even in cases registered for non-
compoundable offences, considering the nature of
settlement and also the gravity of offences. In the
background of the aforesaid judgment, taking into
consideration the settlement arrived between the parties,
which is said to be voluntary and without there being any
undue influence and coercion and also considering the
1
2021 SCC Online SCC 834
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CRL.P No. 200286 of 2025
gravity of allegations made against the accused persons, I
am of the opinion that this is the fit case where this Court
is required to exercise its inherent jurisdiction under
Section 528 of BNSS and grant the relief sought for by the
parties in this petition. Accordingly, the following order:
7. The criminal petition is allowed. The entire
proceedings in C.C.No.74/2024 pending before the Court
of III Addl. Civil Judge and JMFC, Kalaburagi, arising out of
Crime No.188/2023 registered by University Police Station,
Kalaburagi for offences punishable under Sections 323,
324, 504, 506 r/w 34 of IPC, is hereby quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
TMP
List No.: 1 Sl No.: 11
CT:PK
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