Krishna S/O Malleshappa Gandagalekar Vs the State of Karnataka

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 102331 OF 2024 C/W. CRIMINAL PETITION NO. 101237 OF 2024 CRIMINAL PETITION NO. 103231 OF 2024 (482(CR.PC)/528(BNSS))

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IN CRL.P. NO.102331 OF 2024: BETWEEN:

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AKASH S/O RAMANNA BHAJAGAR, AGED ABOUT 24 YEARS, OCC. BUSINESS, R/O. TOARAVI HAKKAL, SUNAGAR ONI, HUBBALLI-580 028.

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ABHISHEK S/O KRISHNASA VALVEKAR, AGED ABOUT 32 YEARS, OCC. BUSINESS, R/O. BAKALE GALLI, NEAR GANAPATHI TEMPLE, CBT, HUBBALLI-580 020.

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Digitally
signed byRAKESH S
RAKESHSHARIHAR HARIHARLocation:HIGHCOURT OF
KARNATAKA
DHARWAD
BENCH

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KRISHNASA S/O MAHADEVASA VALVEKAR, AGED ABOUT 60 YEARS, OCC. BUSINESS, R/O. BAKALE GALLI, NEAR GANAPATHI TEMPLE, CBT, HUBBALLI-580 020.

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… PETITIONERS

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(BY SRI. S.S. NIRANJAN, 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 PSI, OLD HUBLI POLICE STATION, HUBBALLI-580 020.

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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SHARANAPPA S/O FAKKIRAPPA ANNIGERI, AGED ABOUT 49 YEARS, OCC. ADMINISTRATOR, R/O. RENUKA NAGAR, HUBBALLI-580 028.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.B. DODDAGOUDAR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR DATED 12.12.2023 AND CHARGE SHEET REGISTERED BEFORE THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC PENDING PROCEEDINGS IN C.C. NO.3983/2024 (CRIME NO.266/2023 OLD HUBBALLI POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 447, 504, 506 R/W 34 OF IPC CRIME NO.0266/2023, VIDE ANNEXURE-A, B, C AND G, BY ALLOWING THIS PETITION IN SO FOR AS PETITIONERS/ACCUSED NO.2 TO 4 CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P. NO.101237 OF 2024: BETWEEN:

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KRISHNA S/O MALLESHAPPA GANDAGALEKAR, AGED ABOUT 49 YEARS, OCC. BUSINESS, R/O. KHB COLONY, OLD HUBBALLI, HUBBALLI-580 028.

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… PETITIONER

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(BY SRI. S.S. NIRANJAN, 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 PSI, OLD HUBLI POLICE STATION, HUBBALLI-580 020.

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SHARANAPPA S/O FAKKIRAPPA ANNIGERI, AGED ABOUT 49 YEARS, OCC. ADMINISTRATOR, R/O. RENUKA NAGAR, HUBBALLI-580 028.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.B. DODDAGOUDAR, ADVOCATE FOR R2)

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR DATED 12.12.2023 REGISTERED BY RESPONDENT NO.1 IN CRIME NO.0266/2023 VIDE ANNEXURE-A AND B FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 447, 504, 506 R/W 149 OF IPC, 1860, BY ALLOWING THIS PETITION IN SO FOR AS PETITIONER/ACCUSED NO.1 CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P. NO.103231 OF 2024: BETWEEN:

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SHARANAPPA FAKKIRAPPA ANNIGERI, AGE. 40 YEARS, OCC. ADMINISTER OF VIVEKANANAD SCHOOL, R/O. RENUKA NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580 024.

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BASAVARAJ

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S/O. SHANTAPPA DEVARAMANI @ TALAWAR,

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AGE. 44 YEARS, OCC. TEACHER, R/O. LINGARAJ NAGAR, VIDYANAGAR, HUBBALLI, N/AT: ARVINDA NAGAR, VIVEKANAND SCHOOL, OLD HUBBALLI, DIST. DHARWAD.

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RAVINDRANATH S/O. BHISTAPPA DANDIN, AGE. 45 YEARS, OCC. BUSINESS, R/O. #004/25, KANAK NILYA MASRI BETAGERI, VIDYANAGAR, HUBBALLI, N/AT: ARVINDA NAGAR, VIVEKANAND SCHOOL, OLD HUBBALLI, DIST. DHARWAD.

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SANDEEP S/O. MELARAPPA BUDHIHAL, AGE. 48 YEARS, OCC. BUSINESS, R/O. #51/1, MADAHUNKUNJA, JAYACHAMARAJ NAGAR, HUBBALLI, N/AT: ARVINDA NAGAR, VIVEKANAND SCHOOL, OLD HUBBALLI, DIST. DHARWAD.

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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UMESH S/O. TAMMANNARAO DOSHI, AGE. YEARS, OCC. R/O. #1^ST CROSS, BASAVANAGAR, OLD HUBBALLI, N/AT: ARVINDA NAGAR, VIVEKANAND SCHOOL, OLD HUBBALLI, DIST. DHARWAD.

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… PETITIONERS

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(BY SRI. S.B. DODDAGOUDAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH OLD HUBBALLI P.S., SPP, HIGH COURT BUILDING, DHARWAD-580 011.

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KRISHNA S/O. MALLESHAPPA GANDGALEKAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. INFRONT OF GARDEN, CHANNAPETH ROAD, OLD HUBBALLI, HUBBALLI DHARWAD CITY, DIST. DHARWAD-580 024.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.S. NIRANJAN, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN CC NO.3984/2024 ARISING OUT OF OLD HUBBALLI PS CRIME NO.267/2023 REGISTERED BY THE RESPONDENT NO.1 AT THE INSTANCE OF THE RESPONDENT NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 506, 504, 341, 109 R/W 34 OF IPC 1890, PENDING BEFORE THE IV ADDL. CIVIL JUDGE AND JMFC HUBBALLI, IN SO FAR AS THE PETITIONERS/ACCUSED NO.1 TO 5 ARE CONCERNED.

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THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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HC-KAR

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ORAL ORDER

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

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These three petitions arise out of a case and

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counter case between the same parties and therefore they are heard together and disposed of by this common order.

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Heard the learned counsel for the parties.

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3. FIR in crime No.266 of 2023 was registered by Old Hubballi Police Station, Hubli South Sub-Division, Hubballi Dharwad against Krishna Gandagalekar and seven others based on the first information dated 12.12.2023 submitted by Sharanappa Annigeri. After completing investigation in the said case, charge sheet was filed for the offences punishable under Section 341, 447, 504, 506 read

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with Section 34 of the IPC against four persons. The jurisdictional Court, after taking cognizance of the charge sheeted offences, has issued summons to the accused in Crime No.266 of 2023 (C.C. No.3983 of 2024).

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HC-KAR

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Aggrieved by the same, accused No.1 in C.C.

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No.3983 of 2024 is before this Court in Criminal Petition No.101237 of 2024 and accused Nos.2 to 4 are before this Court in Criminal Petition No.102331 of 2024.

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In respect of the very same incident that had taken place on 09.12.2023, FIR in Crime No.267 of 2023 was registered by the Old Hubballi Police Station, Hubli South Sub-Division, Hubballi Dharwad on the basis of the first information dated 13.12.2023 submitted by Krishna Gandgalekar against Ravi Dandin and others. After completing investigation in the said case, charge sheet has been filed against accused No.1 to 5 for the offences punishable under Section 341, 504, 506, 109 read with Section 34 of the IPC. the jurisdictional Court after taking cognizance of the charge sheeted offences in Crime No.267 of 2023, has issued summons to the accused in the said

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case in C.C. No.3984 of 2024.

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HC-KAR

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Assailing the same, the accused in C.C. No.3984

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of 2024 are before this Court in Criminal Petition No. 103231 of 2024.

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Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled at the intervention of the well-wishers and elders of both the parties. The incident in question had taken place in the background of civil dispute between the parties. The parties have decided to resolve their inter se dispute in the civil case, which is pending before the jurisdictional Civil Court at Hubballi. Under these circumstances, they have decided to give quietus to the case and counter case registered by Old Hubballi Police in respect of the alleged incident that had taken place on 09.12.2023.

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Learned counsel for the parties submit that a memorandum of settlement/compromise petition under Section 320 read with Section 482 of the Cr.P.C. is filed

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HC-KAR

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before this Court, which is supported by the affidavit of the

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parties.

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The parties, who are present in-person before

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this Court are identified by their respective learned Advocates.

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The application filed seeking compounding of the offences in the case and counter case, which is supported by the affidavit of the parties is taken on record. In paragraph Nos.1 to 6 of the application filed in Crl.P.No.102331/2024 C/w Crl.P.No.101237/2024, it is stated as follows:

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“2. It is submitted that the petitioners and the respondent No.2 have amicably settled the dispute between themselves due to the intervention of elders and now by virtue of the aforesaid compromise, the respondent No.2 has agreed to sole their Civil dispute before competent court and further parties to the proceedings are under take that they will not make any allegations and criminal activities between each other and further both parties are under taken that they will maintain peaceful environment between them, hence the Hon'ble court be please to pass suitable order and close the case by quashing the same.

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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3. That the petitioners and respondent No.2 jointly submit that continuation of the above proceedings could not sub serve the ends of justice and so also prosecution would not be taken to its logical end as the matter has been amicably settled between the petitioners and respondent No.2.

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4. That the dispute is arising out of the Civil Dispute therefore we both agreed to solve resolve the civil dispute before the competent court in accordance with law.

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5. It is submitted that respondent No.2 herein has filed the Criminal petition bearing Crl. Pet. No.103231/2024 challenging the initiation of CC No.3984/2024 arising out old Hubballi PS crime No.267/2023, and the same is pending before this Hon'ble court. Both cases are the case and counter case therefore both parties have submitting this application seeking to compound/compromise in the above proceedings.

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6. That both parties are admit the contents of the memorandum of compromise petition as true and correct and have voluntarily signed the said petition out of their free will and volition and without any threat, force, coercion, or undue-influence and in furtherance of the same, the petitioners and respondent No.2 have filed their affidavits swearing to the contents of this compromise petition.”

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HC-KAR

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The parties, who are present before this Court

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have stated that the settlement arrived between them at the intervention of elders and well-wishers of both the parties is voluntary and without there being any undue influence or coercion and they intend to resolve their inter se civil dispute before the jurisdictional Civil Court in which the civil cases are pending.

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Charge sheet has been filed in the case and

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counter case which arises out of Crime No.266/2023 and Crime No.277/2023 for compoundable offences. Considering

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the gravity and nature of alleged offences and also having regard to the settlement arrived at between the parties, which is reported by filing compromise petitions, I am of the opinion that the prayer made in these three petitions needs to be granted. Accordingly, following:-

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ORDER

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(i) The Criminal petitions are allowed.

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NC: 2025:KHC-D:12367 CRL.P No. 102331 of 2024 C/W CRL.P No. 101237 of 2024 CRL.P No. 103231 of 2024

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HC-KAR

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(ii) The entire proceedings in C.C. No.3983/2024 pending before the Court of IV Addl. Civil Judge and JMFC, Hubballi-Dharwad arising out of Crime No.266/2023 registered by Old Hubballi Police Station, Hubbali-Dharwad, for the offences punishable under Sections 341, 447, 504, 506 read with Section 34 of IPC is hereby quashed.

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(iii) The entire proceedings in C.C. No.3984/2024 pending before the Court of IV Addl. Civil Judge and JMFC, Hubballi-Dharwad, arising out of Crime No.267/2023 registered by Old Hubballi Police Station, Hubballi-Dharwad, for the offences punishable under Sections 341, 504, 506, 109 read with Section 34 of IPC, is hereby quashed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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VNP & DN / CT:BCK LIST NO.: 1 SL NO.: 67

Krishna S/O Malleshappa Gandagalekar v. the State of Karnataka

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Krishna S/O Malleshappa Gandagalekar v. the State of Karnataka

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