Disposed¶81

Sri. Mohammed Rasool Kushtagi v. the State of Karnataka

Karnataka HC20 Jun 2025CRL.P/100716/2024

Case brief

AI extract

What is this about?

What did the court decide?

Petition disposed of; entire proceedings in C.C. No.367/2019 pending before the learned Senior Civil Judge and CJM, Koppal quashed insofar as the petitioners are concerned, upon acceptance of the compromise between the petitioners and respondent No.2. ¶81

Sri. Mohammed Rasool Kushtagi Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings in C.C. No.367/2019 against the petitioners should be quashed in view of the compromise/settlement arrived at between the petitioners and respondent No.2 (de facto complainant).

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Court's answer

Since the accused persons and the de facto complainant have compromised the dispute with each other, subjecting the petitioners to trial would be a futile exercise, as the probability of their conviction is remote and bleak.

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Ratio / Principle

In view of the settlement arrived at between the parties, the continuation of the criminal proceedings would be an abuse of process of law.

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Key takeaways

The Court deemed it appropriate to accept the settlement between the parties and terminate the proceedings against the petitioners.ratio¶79
The impugned proceedings in C.C. No.367/2019 on the file of the learned Senior Civil Judge and CJM, Koppal stand quashed insofar as the petitioners are concerned.ratio¶87

Detailed headnote1 paragraphs

Criminal Petition No.100716 of 2024 (S.482 Cr.P.C. / S.528 BNSS), High Court of Karnataka, Dharwad Bench (Venkatesh Naik T, J.), decided 20-06-2025. Twenty-three petitioners, charge-sheeted in Crime No.251/2018 (Koppal Town P.S.) for offences under Sections 354(B), 427, 504, 341, 506, 143, 323, 147, 448 r/w Section 149 IPC arising from an alleged incident of 03.09.2018 at Hatagarpete, Koppal, and facing trial in C.C. No.367/2019 before the Senior Civil Judge and CJM, Koppal after cognizance on the charge sheet, jointly filed a compromise petition under Section 482 read with Section 320 Cr.P.C. along with respondent No.2, the de facto complainant, who filed an affidavit affirming a free-will settlement reached through the intervention of elders and expressing no objection to the quashing. HELD: once the accused and the de facto complainant had compromised the dispute, subjecting the petitioners to trial would be a futile exercise as the probability of conviction was remote and bleak; continuation of the proceedings would be an abuse of the process of law; the Court accordingly accepted the settlement, terminated the proceedings and quashed the entire proceedings in C.C. No.367/2019 insofar as the petitioners were concerned. Petition disposed of. No precedent cited; no monetary quantum involved.

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NC: 2025:KHC-D:7921 CRL.P No. 100716 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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CRIMINAL PETITION NO. 100716 OF 2024 (482 OF CR.PC/528 OF BNSS)

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BETWEEN:

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SRI. MOHAMMED RASOOL KUSHTAGI, AGE: 49 YEARS, OCC: JOINT DIRECTOR OF AGRICULTURAL, R/O. HATAGARPETE KOPPAL. TQ AND DIST KOPPAL-583239.

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SRI. KHALID HUSSAINI S/O. IBRAHIM HUSSAINI, AGE: 55 YEARS, OCC: BUSINESS.

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MUJEED KHAN S/O. BAHADDUR KHAN, AGE 32, OCC: BUSINESS.

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

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MUTHAHIR HUSSAINI S/O. JAKEER HUSSAINI, AGE: 23, OCC: STUDENT.

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HATIM HUSSAINI JAMMA S/O. LATIF HUSSAINI, AGE: 28, OCC: PRIVATE WORK, ALL ARE R/O. HATAGARPETE, KOPPAL, TQ AND DIST KOPPAL-583239.

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MANSOOR HUSSAINI S/O. SYED LATIF HUSSAINI, AGE: 45 YEARS, OCC: BUSINESS, R/O. KALYAN NAGAR, KOPPAL, TQ AND DIST. KOPPAL-583239.

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SHAMEER HUSAINI S/O. SYED LATIF HUSSAINI, AGE: 37 YEARS, OCC: BUSINESS,

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HC-KAR

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R/O. KALYAN NAGAR, KOPPAL,

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TQ AND DIST.KOPPAL-583239.

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MUSTAFA KUSHTAGI S/O. MOULA HUSSAINI, AGE: 28 YEARS, OCC: MECHANIC, R/O. HATAGARPETE, KOPPAL, TQ AND DIST KOPPAL-583239.

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RASOOL KUSTAGI S/O. MOULA HUSSAINI KUSHTAGI, AGE: 45 YEARS, OCC: PEON, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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MARDHAN ALI KUSHTAGI, S/O. MOULA HUSSAINI KUSHTAGI, AGE: 25 YEARS, OCC: MECHANIC, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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KASHIM S/O. MOULA HUSSAINI KUSHTAGI, AGE: 30 YEARS, OCC: DRIVER, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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AREEF HUSSAINI S/O. ADEEL HUSSAINI, AGE: 30 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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SYED AFEEF HUSSAINI S/O. ADEEL HUSSAINI, AGE: 32 YEARS, OCC: PRIVATE WORK, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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MAHIMOOD HUSSAINI BALYA, S/O. SYED KALID HUSSAINI, AGE. 33 YEARS, OCC. BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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HC-KAR

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SHAHID HUSSAINI S/O. SYED KHALID HUSSAINI, AGE: 30 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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HAMEED HUSSAINI S/O. KHALID HUSSAINI, AGE: 36 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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AYUB KHAN S/O. BAHADDUR KHAN AGE: 37 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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NEELIGOUS NEELINANNU S/O. NANNESAB, AGE: 30 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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JAKER HUSSAINI S/O. IBRAHIM HUSSAINI, AGE: 50 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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JAHID HUSSAINI S/O. KHALID HUSSAINI, AGE: 38 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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MAHMED KUSHTAGI S/O. MOULA HUSSAINI, AGE: 47 YEARS, OCC: DRIVER, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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AJMEER S/O. MOULA HUSSAINI, AGE: 37 YEARS, OCC: BUSINESS, R/O. HATAGARPETE, KOPPAL,

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HC-KAR

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TQ AND DIST.KOPPAL-583239.

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SYED MHIMUD HUSSAINI @ SHABABAS, S/O. SYED MAKHSUD HUSSAINI, AGE: 31 YEARS, OCC: PRIVATE WORK, R/O. HATAGARPETE, KOPPAL, TQ AND DIST.KOPPAL-583239.

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…PETITIONERS

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(BY SRI. B. C. JNANAYYASWAMI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD, THROUGH KOPPAL TOWN P.S.

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SMT. ZAFAR SULTANA S/O. SYED MAJAJ AHMED, AGE: 30 YEARS OCC: HOUSEWIFE, R/O. HATAGARPETE KOPPAL, TQ AND DIST KOPPAL-583239.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SHRI HANUMESH DESAI, ADV FOR SHRI NEELENDRA D. GUNDE, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., SEEKING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO. 367/2019 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CJM KOPPAL ARISING OUT OF CRIME NO. 251/2018 REGISTERED BY KOPPAL TOWN P.S. FOR THE OFFENCES PUNISHABLE U/S.354(B), 427, 504, 341, 506, 143, 323, 147, 448 R/W.149 OF IPC, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:7921 CRL.P No. 100716 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard the learned counsel for the petitioners and

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learned counsel for respondent No.2 and learned HCGP for respondent No.1 – State.

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The petitioners have filed this petition under Section 482 of Cr.P.C. praying to quash the proceedings in C.C. No.367/2019 on the file of learned Senior Civil Judge and CJM, Koppal for the offences punishable under Sections 354(B), 427, 504, 341, 506, 143, 323, 147, 448 read with Section 149 of IPC.

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Now the petitioners and de facto complainant are present before the Court and have filed a compromise petition under Section 482 of Cr.P.C. read with Section 320 of Cr.P.C. contending that since the matter is amicably settled between them, the victim has filed her affidavit. The petitioners have also filed their affidavits before the Court. The contents of the compromise petition are as under:

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NC: 2025:KHC-D:7921 CRL.P No. 100716 of 2024

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HC-KAR

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“1. The Petitioners filed this petition for quashing the entire in C.C. No.367/2019 pending on the file of, Learned Senior Civil Judge and CJM Koppal arising out of Crime No.251/2018 registered by Koppal Town PS for the offences punishable under section 354(B), 427, 504, 341, 506, 143, 323, 147, 448, r/w 149 of IPC. On the complaint lodged by the 2nd Respondent.

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2. The petitioners and respondent are residents of same area at Koppal on 18.12.2018 at 7-45 a.m., one Smt. Jafarsultan W/o. Syed Majaz Ahmed Hussaini, resident of Hatagarpete, Koppal called to station for application enquiry.

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The details of said application enquiry is that, on 03.09.2018 after declaration of Town Municipality Koppal Election result afternoon at 1-00 p.m., when the complainant is at her house in Hatagarpete of Koppal town, petitioners came with illegally gathered group by the complainant with filthy language and also and break the door of the house and trespassed and assaulted her. At that time, upon hearing the sound, neighbor's came and rescue the complainant and her mother-in-law. On this incident complaint came to be filed before town P.S. Koppal in Crime No. 251/2018 for the offences punishable under section 143, 147, 323, 354(B), 448, 427, 341, 504, 506 R/w. section 149 of IPC. After registering the

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NC: 2025:KHC-D:7921 CRL.P No. 100716 of 2024

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HC-KAR

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case the police took up the investigation and filed charge sheet in C.C.No. 367/2019 based on the said charge sheet the Learned Magistrate took the cognizance for the above mentioned sections. Hence the petitioner filed the present criminal petition for quashing of entire proceedings

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5. When this being the case that as per the intervention of elders, the parties are decided to settle the matter in view of the said development the present application is filled for compounding of offence on following grounds,

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A. The Respondent no.2 settled the dispute with free will and consent without any force.

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B. The respondent No.2 has agreed that she will ready to withdraw the complaint filed against the all the petitioners and also she has no objection to allow this petition and assured that in future she will not claim any relief against the petitioners further she admit that no one is forced her to enter into such compromise.

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C. The petitioners and respondent no.2 settled their dispute with free will and consent and also decided to leave happily.

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Wherefore' it is most respectfully prays that this Hon'ble Court may kindly be please to permit the

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HC-KAR

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petitioners and respondent no.2 to compound the offence punishable U/s: 143, 147, 323, 354(B), 448, 427, 341, 504, 506 R/w. section 149 of IPC., in Crime No.251/2018 registered by Women Police station, in C.C. No.367/2019 pending on the file of, Learned Senior Civil Judge and CJM Koppal and acquit the petitioners for the alleged offences, in the interest of justice and equity.

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Perused the materials available on record. Since, the accused persons and the de facto complainant have compromised the dispute with each other, it will be a futile exercise, if the accused persons are subjected to trial, since, the probability of their conviction is remote and bleak. In view of the settlement arrived at between the parties, the continuation of criminal proceedings would be an abuse of process of law. Therefore, I deem it appropriate to accept the settlement between the parties and terminate the proceedings the petitioners insofar as the petitioners are concerned. Accordingly, I proceed to pass the following:

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ORDER

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The petition is disposed of.

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NC: 2025:KHC-D:7921 CRL.P No. 100716 of 2024

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HC-KAR

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The impugned proceedings in C.C. No.367/2019 on the

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