Karnataka High Court
Shri. Jyoteppa S/O Ningappa Ajur vs The State Of Karnataka on 23 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 103162 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. 103162 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
1. SHRI. JYOTEPPA S/O NINGAPPA AJUR,
AGE. 64 YEARS, OCC. EX-SERVICEMAN,
R/O. SHIVANOOR VILLAGE, TQ. ATHANI,
DIST. BELAGAVI-591 232.
2. SMT. SARASWATI W/O JYOTEPPA AJUR,
AGE. 58 YEARS, OCC. HOUSE WIFE,
R/O. SHIVANOOR VILLAGE, TQ. ATHANI,
DIST. BELAGAVI-591 232.
... PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ATHANI POLICE STATION, ATHANI,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD-580 011.
2. SIDRAY YAMANAPPA KAMBLE,
AGE. 66 YEARS, OCC. RTD. PENSIONER,
Digitally
signed by R/O. SHIVANOOR VILLAGE, TQ. ATHANI,
RAKESH S
RAKESH HARIHAR DIST. BELAGAVI-591 232.
Location:
S HIGH COURT ... RESPONDENTS
HARIHAR OF
KARNATAKA
DHARWAD
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
BENCH
SRI. PRAKASH S. GUDIHINDIN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED
NO.1 AND 2 IN SPECIAL CASE NO.388/2023 ARISING OUT OF ATHANI
POLICE STATION IN ITS CRIME NO.167/2023 PENDING ON THE FILE OF
III ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 326, 447, 504, 506
R/W SECTION 34 OF IPC AND UNDER SECTIONS 3 (1) (R), 3(1)(S), 3 (2)
(V), 3 (2) (VA), OF SC AND ST (POA) ACT, 1989 AND AMENDMENT ACT
2015, SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 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. The petitioners are before this Court under
Section 482 of the Cr.P.C. with a prayer to quash the entire
proceedings in Special Case No.388 of 2023 pending before
the Court of III-Addl. District and Sessions Judge, Belagavi
arising out of Crime No.167 of 2023 registered by Athani
Police Station for the offences punishable under Section
323, 324, 326, 447, 504, 506 read with Section 34 of the
IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of SC &
ST (POA) Act, 1989 and Amendment Act, 2015.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioners and the
learned counsel for respondent No.2 jointly submit that the
dispute between the parties who are neighbours has been
amicably settled at the intervention of well-wishers and
elders of both the family.
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4. The parties who are before this Court have filed
an application under Section 359 of BNSS, 2023 read with
Section 320 of the Cr.P.C. with a prayer to permit them to
compound the alleged offences. They submit that the
application is supported by an affidavit of respondent No.2,
who is the de facto complainant.
5. Learned HCGP, however, brings to the notice of
this Court that the alleged offences are non-compoundable
in nature.
6. Perusal of the material on record would go to
show that the parties are residing in the same village and it
appears that there is some civil dispute between them with
regard to some immovable properties. It is in this
background, the alleged crime had taken place on
20.05.2023.
7. It is now submitted by the learned advocates
appearing for the private parties, the said dispute has been
settled and the parties who are neighbours intend to live
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peacefully in future and therefore, they have approached
this Court.
8. The parties who are present in-person before this
Court are identified by their respective learned advocates.
9. The application filed under Section 359 of the
BNSS, 2023, which is supported by an affidavit of
respondent No.2, the de facto complainant, is taken on
record.
10. In the said affidavit, in paragraph Nos.2 to 8, it is
stated as follows:
2. That, the Petitioners herein are my neighbors
to my agricultural land, I am residing alongwith my family
members within the limits of Shivanoor Village. I am
having portion of agricultural land which is very adjacent
to the Petitioners agricultural land both are situated within
the limits of Shivanoor Village. Further I submit that, the
Petitioner No. 1 has put up the boundary stone into his
agricultural land. However, the said boundary stone was
noticed by me which was put up into his field. After
noticing it, I had informed to the Petitioner No. 1 that the
boundary stone was actually installed in my field. Due to
which the Petitioners have developed an animosity with
me.
3. It is false to submit that, on 20/05/2023 at
about 04 PM I had been to my agricultural land at that
time both the Petitioners were trespassed my field and
started abusing me in filthy language by taking my caste
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name. It is further false to submit that, the Petitioner
No.1 has taken the Bamboo stick from the side and
suddenly started assaulting me at the time of assault my
wife Smt. Kasturi and one Mallappa Masarguppi has pacify
the matter and given the life threat to me, in case if I did
not vacate the agricultural land. Due to the sudden
assault of the Petitioners, I was injured and immediatelyb
I was shifted to Government Hospital, Athani for
treatment and again I was further shifted to Dr. Metri
Hospital for further treatment with all these allegations I
have lodge a complaint against the Present Petitioners
before the Athani Police Station in its Crime No. 167/2023
pending on the file of III Addl. District and Sessions
Judge, Belagavi, bearing Special Case No. 388/2023 for
the offences punishable under Sections 323, 324, 326,
447, 504, 506 R/w Sec. 34 of IPC and U/sec. 3 (1) (r), 3
(1) (s), 3 (2) (v), 3 (2) (va), of SC & ST (POA) Act, 1989
& Amendment Act-2015, in the above said matter.
4. I further submit that, being aggrieved by the
complaint and Registration of the FIR against the
Petitioners, the Petitioners have approached this Hon’ble
Court seeking to quash the entire proceedings arising out
of Special Case No. 388/2023 arising out of Athani Police
Station in its Crime No. 167/2023 pending on the file of
III Addl. District and Sessions Judge, Belagavi, for the
offences punishable under Sections 323, 324, 326, 447,
504, 506 R/w Sec. 34 of IPC and U/sec. 3 (1) (r), 3 (1)
(s), 3 (2) (v), 3 (2) (va), of SC & ST (POA) & Amendment
Act-2015.
5. That, myself and the Petitioners herein have
got settled and compromised the matter with the
intervention of the well-wishers, family friends and elders
of the society. However, myself and the Petitioners are
residing happily and settled the dispute amicably.
6. That, the Petitioners herein has not
committed any of the above alleged offences that are
leveled against them and I have no objection to
quash/Close the entire criminal proceedings leveled
against the Petitioners arising out of Special Case No.
388/2023 arising out of Athani Police Station in its Crime
No. 167/2023 pending on the file of III Addl. District and
Sessions Judge, Belagavi, for the offences punishable
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under Sections 323, 324, 326, 447, 504, 506 R/w Sec. 34
of IPC and U/sec. 3 (1) (r), 3 (1) (s), 3 (2) (v), 3 (2) (va),
of SC & ST (POA) Act, 1989 & Amendment Act-2015.
7. That, am filing this Affidavit on my own and
not under any influence, coercion or fraud and after
understanding that the Petitioners herein are innocent.
8. That, if the said criminal proceedings against
the Petitioners are not quashed or closed then there will
be misconception between myself and Petitioners and so
also between our family members. Hence, no purpose
would be served in continuing the said further
proceedings as against the Petitioners herein and on the
other hand it would ruin cordial relationship of both
families. Therefore, for securing the ends of justice I
request this Hon’ble court to allow this Criminal Petition
by quashing the said proceedings against the petitioners
herein.
11. 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.
1
AIR 2022 (14) SCC 531
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12. In the case on hand, the parties who are
neighbours have settled the dispute amicably at the
intervention of the well-wishers and elders of both the
parties. Petitioner No.1 is Ex-serviceman and respondent
No.2 is a retired Government Servant. Petitioner No.2 is the
wife of petitioner No.1. The allegations found in the charge
sheet against the accused are private and are not of grave
in nature. The parties who are before this Court have stated
that the settlement is voluntary, without there being any
undue influence and coercion. They have also stated that
they intend to give quietus to the dispute between them
and live peacefully in future. Therefore, I am of the opinion
that, this is a fit case wherein this Court requires to exercise
its inherent powers under Section 482 of the Cr.P.C. in
order to do complete justice to both the parties.
Accordingly, the following:
ORDER
(i) The Criminal Petition is allowed.
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(ii) The entire proceedings in Special Case
No.388 of 2023 pending before the Court of
III-Addl. District and Sessions Judge,
Belagavi arising out of Crime No.167 of
2023 registered by Athani Police Station for
the offences punishable under Section 323,
324, 326, 447, 504, 506 read with Section
34 of the IPC and Sections 3(1)(r), 3(1)(s),
3(2)(v), 3(2)(va) of SC & ST (POA) Act,
1989 and Amendment Act, 2015 stands
quashed.
(iii) Pending applications, if any do not survive
for consideration and are accordingly
disposed of
Sd/-
( S.VISHWAJITH SHETTY)
JUDGE
VNP / CT:BCK
LIST NO.: 1 SL NO.: 35
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