Puneet S/O Malleshappa Tuppad Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Puneet S/O Malleshappa Tuppad Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both criminal petitions allowed in terms of the settlement; entire proceedings in C.C.No.559/2024 pending on the file of I Additional Civil Judge (Jr.Dn) and JMFC Court, Gadag, quashed; pending I.As disposed of.

Issue for consideration

Whether, on the joint application of the parties under Section 320(2) read with Section 482 Cr.P.C. supported by the affidavit of respondent No.2, the parties may be permitted to compound/settle the matter and the proceedings arising out of Gadag Town P.S. Crime No.02/2024 be quashed. +1 more

Court's answer

On consideration of the averments in the affidavit of respondent No.2 accompanying the compounding application, there was no embargo on the Court recording the settlement between the parties.

Ratio / Principle

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

Key takeaways

The entire proceedings in C.C.No.559/2024 pending on the file of I Additional Civil Judge (Jr.Dn) and JMFC Court, Gadag, were quashed; pending interlocutory applications were disposed of in view of the disposal of the main petitions.ratio¶62

Detailed headnote1 paragraphs

Criminal petitions under Section 482 Cr.P.C. (Section 528 BNSS, 2023) — one by accused Puneet seeking quashing of the complaint, charge sheet in C.C.No.559/2024 and the order of taking cognizance and issuance of process dated 28.05.2024, the other by Abhilasha @ Adithi and Ravi seeking compounding and quashing — arising out of Gadag Town P.S. Crime No.02/2024 for offences punishable under Sections 323, 109, 448, 354, 504 and 506 r/w 34 IPC, pending before the 1st Addl. Civil Judge (Jr.Dn) and JMFC Court, Gadag. On a joint application by counsel under Section 320(2) read with Section 482 Cr.P.C., supported by the affidavit of respondent No.2 (complainant Chandrakala) affirming her grievance stood resolved, the Court held there was no embargo on recording the settlement, allowed both petitions in terms of the settlement, and quashed the entire proceedings in C.C.No.559/2024; pending interlocutory applications stood disposed of.

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NC: 2025:KHC-D:16006 CRL.P No. 100452 of 2025 C/W CRL.P No. 100558 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.100452 OF 2025

(482(Cr.PC)/528(BNSS))

C/W

CRIMINAL PETITION NO.100558 OF 2025

IN CRIMINAL PETITION NO.100452 OF 2025

BETWEEN:

PUNEET S/O. MALLESHAPPA TUPPAD, AGE. 29 YEARS, OCC. PRIVATE EMPLOYEE, R/O. #387, JAINAR ONI, AT POST. ANTUR, GADAG-582206.

…PETITIONER

(BY SRI. T.R. PATIL, ADVOCATE)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR OF GADAG TOWN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011.

SMT. CHANDRAKALA W/O. RAJAKUMAR TIRLAPUR, AGE. 53 YEARS, OCC. HOUSE WIFE, R/O. GADAG-SHAHAPUR BASAVESWAR NAGAR, GADAG-582101.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. B.D. NARASAGONDA, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COMPLAINT, CHARGE SHEET IN CC NO.559/2024 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 28.05.2024 AND

NC: 2025:KHC-D:16006 CRL.P No. 100452 of 2025 C/W CRL.P No. 100558 of 2025

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HC-KAR

ENTIRE PROCEEDINGS AGAINST THIS PETITIONER/ACCUSED NO.2, ARISING OUT OF GADAG TOWN P.S. CRIME NO.02/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 109, 448, 354, 504 AND 506 R/W 34 OF IPC, PENDING ON THE FILE OF THE 1^ST ADDL. CIVIL JUDGE (JR.DN) AND JMFC I COURT, GADAG AND ETC.,.

IN CRIMINAL PETITION NO.100558 OF 2025

BETWEEN:

ABHILASHA @ ADITHI D/O. BASAVARAJ ABBIGERI, AGE. 29 YEARS, OCC. PRIVATE EMPLOYEE, R/O. C/O. RAMANNA HALLIKERI, HOSPET ONI, ANNIGERI, DIST. DHARWAD NOW AT SHINES GIRLS P.G., SILVER WOOD APARTMENT,KADLU GATE, BENGALURU CITY, PIN-560068.

RAVI S/O. IRANNA HACHADAD, AGE. 35 YEARS, OCC. PRIVATE EMPLOYEE, R/O. #77/A, BASAVESWAR NAGAR, GADAG, PIN-582101.

…PETITIONERS

(BY SRI. T.R. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR OF GADAG TOWN P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-580011.

SMT. CHANDRAKALA W/O. RAJAKUMAR TIRLAPUR, AGE. 53 YEARS, OCC. HOUSE WIFE, R/O. GADAG-SHAHAPUR BASAVESHWAR NAGAR, GADAG, PIN-582101.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. B.D. NARASAGONDA, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO, ALLOW THIS APPLICATION FOR COMPOUNDING AND PERMIT THE PARTIES TO COMPOUND WITH THE OFFENCE AND BE PLEASED TO QUASH THE ENTIRE CHARGE SHEET PROCEEDINGS IN C.C.NO.559/2024 (ARISING

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HC-KAR

OUT OF GADAG TOWN PS CRIME NO.02/2024) FILED AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 109, 448, 354, 504 AND 506 R/W 34 OF IPC PENDING ON THE FILE OF THE 1^ST ADDL. CIVIL JUDGE (JR.DN) AND I J.M.F.C. COURT, GADAG AND ETC.,.

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

ORAL ORDER

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

Sri B.D Narasagonda, learned counsel, has filed vakalat for respondent No.2 in both the petitions, which is taken on record.

The learned counsels for the respective parties have filed application under Section 320(2) read with Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C’).

The averments of the affidavit of respondent

No.2 accompanying the application are as follows:

“I, Chandrakala W/o Rajakumar Tirlapur, Age: 53 Years, Occ: House wife, R/o Gadag Shahapur Basaveswar Nagar, Gadag, PIN-582101, today at Dharwad do hereby solemnly affirm and state on oath as follows.

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NC: 2025:KHC-D:16006 CRL.P No. 100452 of 2025 C/W CRL.P No. 100558 of 2025

HC-KAR

1. I am the 2^nd respondent/complainant in this petition and I am well acquainted with the facts of the case. Hence I am swearing the contents of this affidavit.

2. I state that being aggrieved by initiation of criminal case against the petitioners and they are seeking for quashing of the complaint and FIR in C.C.No. 559/2024 (arising out of Gadag Town PS crime No.02/2024) pending on the file of the Hon'ble 1^st Addl. Civil Judge (Jr.Dn) and JMFC Court, Gadag and all further proceedings pursuant thereto.

3. It is submitted that the averments made in the accompanying application from paras 1 to 5 are true and correct to the best of my knowledge, information and belief.”

Having considered the averments made in the

affidavit accompanying the application, there is no embargo

on this Court to record the settlement.

Accordingly, I proceed to pass the following:

ORDER .

i) Both the petitions are allowed in terms of the settlement.

ii) The entire proceedings in C.C.No.559/2024 pending on the file of I Additional Civil Judge (Jr.Dn) and JMFC Court, Gadag, is hereby quashed.

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HC-KAR

iii) In view of the disposal of the main petition, pending I.As, if any, are disposed of.

Sd/(S.RACHAIAH) JUDGE

VMB/CT: UMD List No.: 2 Sl No.: 5