Shri. Shrinivas S/O. M. Rao v. State of Karnataka

Karnataka HC12 Nov 2025CRL.P/100105/2022

Case brief

AI extract

What is this about?

Consensual quashing of criminal proceedings on compromise; joint application under Section 482 read with Section 320 Cr.P.C.; affidavit of accused/respondent consenting to quash; offences under Section 384 r/w 34 IPC (extortion) in Crime 339/2017, APMC Yard Police Station, Belagavi; cognizance order dated 23/06/2018 in C.C.No.491/2018 by JMFC-IV Belagavi quashed; cross-complaint crime no.54/2023 Belagavi APMC to be withdrawn; settlement through elders and well-wishers; High Court of Karnataka, Dharwad; single judge S. Rachaiyah; NC: 2025:KHC-D:15423.

What did the court decide?

Both petitions allowed in terms of the settlement; entire proceedings in C.C.No.491/2018 pending before JMFC-IV Court, Belagavi quashed; pending interlocatory applications disposed of. ¶¶61

Shri. Shrinivas S/O. M. Rao Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitions allowed in terms of the settlement; entire proceedings in C.C.No.491/2018 pending before JMFC-IV Court, Belagavi quashed; pending interlocatory applications disposed of.

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Issue for consideration

Whether the criminal proceedings in C.C.No.491/2018 (offences punishable under Section 384 r/w 34 IPC, Crime 339/2017) pending before JMFC-IV Court, Belagavi, ought to be quashed in view of the compromise/settlement arrived at between the parties.

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Court's answer

Having considered the averments made in the affidavit accompanying the application, the Court found no legal bar (embargo) on recording the settlement arrived at between the parties.

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Ratio / Principle

Both criminal petitions were allowed in terms of the settlement between the parties.

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Key takeaways

The entire proceedings in C.C.No.491/2018 pending on the file of JMFC-IV Court, Belagavi, stand quashed.ratio¶¶61
Pending interlocutory applications, if any, were disposed of in view of the disposal of the main petition.ratio¶¶62

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad (S. Rachaiyah, J.), 12.11.2025 — Connected Criminal Petitions Nos. 103945 of 2025 and 100105 of 2022 (under Section 482 Cr.P.C./528 BNSS) sought quashing of the order dated 23/06/2018 in C.C.No.491/2018 passed by JMFC-IV Court, Belagavi, taking cognizance of offences punishable under Section 384 r/w 34 IPC in Crime 339/2017 registered at APMC Yard Police Station, Belagavi. Counsel for the respective parties filed an application under Section 482 read with Section 320 Cr.P.C. supported by an affidavit of respondent No.2 stating that, at the intervention of elders and well-wishers, the dispute stood resolved, the parties agreed to withdraw allegations against each other (including the petitioner agreeing to withdraw the complaint in crime no.54/2023, Belagavi APMC), and consented to quashing of the proceedings. Holding there was no embargo on recording the settlement, the Court allowed both petitions in terms of the settlement, quashed the entire proceedings in C.C.No.491/2018, and disposed of pending I.As. No precedents were cited.

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NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO.103945 OF 2025 (482(Cr.PC)/528(BNSS))

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C/W

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CRIMINAL PETITION NO.100105 OF 2022

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IN CRIMINAL PETITION NO.103945 OF 2025

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BETWEEN:

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SRI. SHANKAR NARAYAN AMASHI, AGE. 37 YEARS, OCC. SERVICE, R/O. PLOT NO.253, BUDA SCHEME NO.71, SAYADRI NAGAR, TQ. DIST. BELAGAVI-590001.

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…PETITIONER

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(BY SRI. N.D. GUNDE, ADVOCATE)

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Digitally signed by SAMREEN AYUB DESHNUR

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Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA, BY APMC YARD POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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SRI. KAIS RAZAK NOORANI, AGE. 40 YEARS, OCC. BUSINESS, R/O. PLOT NO.32, JADHAV NAGAR, BELAGAVI, TQ. DIST. BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; Dr. S. B. SHAIKH, ADVOCATE AND SRI. M. L. VANTI, ADVOCATE FOR R2)

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2 - NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ORDER DATED 23/06/2018 IN C.C. NO.491/2018 PASSED BY THE JMFC-IV COURT BELAGAVI THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTION 384 R/W 34 OF IPC IN CRIME 339/2017 REGISTERED AT APMC YARD POLICE STATION BELAGAVI, HAS PRESENTED THE PRESENT PETITION AND ALLOW THE ABOVE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRIMINAL PETITION NO.100105 OF 2022 BETWEEN:

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SHRI. SHRINIVAS S/O. M. RAO, AGE. 39 YEARS, OCC. BUSINESS, R/O. PLOT NO.71, R.S NO.227/2, SAYADRI NAGAR, BELAGAVI-590001.

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…PETITIONER

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(BY SRI. NITIN R.BOLABANDI, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REP. BY SPP HIGH COURT OF KARNATAKA, DHARWAD, THROUGH APMC POLICE STATION, BELAGAVI-590001.

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QAIS S/O. RAZAK NOORANI (BHAVNAGARI), AGE. 38 YEARS, OCC. BUSINESS, R/O. PLOT NO.32, JADHAV NAGAR, TQ. AND DIST. BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. M.L. VANTI, ADVOCATE FOR R2 (VK FILED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, QUASH THE ORDER DATED 23.06.2018 PASSED BY IV^TH JMFC COURT, BELAGAVI IN CC NO.491/2018 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS, FOR THE OFFENCES PUNISHABLE UNDER SECTION 384 R/W SECTION 34 OF IPC, PENDING BEFORE THE IV^TH JMFC COURT, BELAGAVI, IN SO FAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022

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HC-KAR

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THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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Sri M.L. Vanti, learned counsel, has filed vakalat

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for respondent No.2 in both the petitions, which is taken on record.

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The learned counsels for the respective parties have filed application under Section 482 read with Section 320 of the Criminal Procedure Code (for short, ‘the Cr.P.C’).

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The averments of the affidavit of respondent No.2 accompanying the application are as follows:

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“2. The petitioners challenging order dated 23/06/2018 in C.C.No.491/2018 passed by the JMFC-IV court Belagavi Thereby taking cognizance for the offences punishable under section 384 R/W 34 IPC in Crime 339/2017 registered at APMC Yard Police Station Belagavi. as against the petitioner/accused and allow the above Criminal Petition. The averments made in the petition may be read as part & parcel of the above affidavit.

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4 - NC: 2025:KHC-D:15423 CRL.P No. 103945 of 2025 C/W CRL.P No. 100105 of 2022

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HC-KAR

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3. I submit that at the intervention of elders & well wishers the dispute has been resolved. We have agreed to withdraw the allegations made against each other and consented for quashing of all the complaints pending between us.

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4. I have no objection to quash the above proceedings as against the petitioner and accused no-1.

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5. I submit that petitioner have agreed to withdraw the complaint filed against me in crime no.54/2023 of Belagavi APMC.

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6. I submit that we have entered in to the above compromise without any coercion and undue influence.”

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